We’re pleased to share last week’s Spanish timeshare court victories. M1 Legal achieved 8 positive judgements, with a combined total awarded of £129,442. Details of the awards are set out below.
First Court of Instance:
- Club La Costa World – M1 Legal secured three wins. In all three cases, the judge declared the Spanish timeshare contract null and void under Law 42/12 due to missing information about the contract duration and the accommodation. In one case involving CLC Continental and CLC Sucursal, the judge also declared the associated (“accessory”) agreement—the loan—null. Amounts awarded: £10,368, £17,843 and £11,494.
- Anfi – The judge declared the contract null and void under Law 04/2012 requirements. The contract did not disclose the minimum accommodation information, and court costs were awarded in our favour. Amount awarded: £13,908.
- Restotel (Medhotel) – Restotel was judged in default, and the outcome was very positive. The contract was declared null and void due to missing information about the accommodation and the period. Restotel was also ordered to return monies paid during the initial cooling-off period, plus interest of the same amount. Amount awarded: £17,960.
- Las Vistas (La Pinta) – We won in default against Las Vistas Marketing SL of the La Pinta resort. The contract was declared null and void due to missing accommodation and period information under Law 04/2012 requirements. Las Vistas was also ordered to return monies paid during the initial cooling-off period, plus interest of the same amount. Amount awarded: £27,427.
Appeals:
- Anfi – In this matter, Anfi had cancelled the contract due to non-payment of maintenance fees. The case was first heard at the First Court of Instance and was initially ruled in Anfi’s favour on that basis. We appealed, and the Court of Appeal confirmed this made no difference: the judge declared the contract null and void under Law 42/98 because it did not meet the minimum requirements on contract duration and accommodation information. A null contract cannot be cancelled. Anfi was also ordered to pay court costs. Amount awarded: £19,488.
- Anfi – In this case, Anfi appealed the First Court of Instance judgment. The Provincial Court in Las Palmas rejected Anfi’s appeal and upheld the original judgment in full, with court costs awarded to us. Amount awarded: £10,951.
