PALM OASIS TIMESHARE DECLARED NULL AND VOID
I have acted for a number of clients who have sought to exit from their timeshares at Palm Oasis. I have successfully dealt with these terminations and none of my clients have ever been sued for not paying maintenance fees following service of a termination notice.
Palm Oasis is a timeshare resort situated in Maspalomas Gran Canaria. Gran Canaria and is of course subject to the laws of mainland Spain.
There has been a lot of litigation in Spain, with consumers successfully bringing claims before the Spanish Courts to have their contracts declared null and void. In particular the Supreme Court held (in a Judgment against Anfi) that timeshare interests sold in perpetuity are unlawful, and the contracts are null and void.
The Spanish courts are now applying the same principles to other resorts. It has been reported that on 26th April the High Court Number 4 of Las Palmas, applying the Supreme Court Judgments over the last 12 months or so, have declared a Palm Oasis contract null and void. The reason? The timeshare was sold in perpetuity, contrary to Spanish law. As a result the timeshare owner was not only released from their timeshare but were awarded compensation of 26.000€. I understand that the key factors in this case were that the timeshare was sold in perpetuity and a payment taken during the cooling off period. In addition to recovering the purchase price paid, the Claimants also recovered double the amount of the deposit taken during the cooling off period and legal costs.
This is an extremely useful case for any consumers seeking to be released from their Palm Oasis timeshare although care must be taken to ensure that your contract is directly comparable to the contract that was before the Court in this case. Even if it is not, there are strong arguments based on European Regulations that can be used to seek your release from a timeshare at Palm Oasis.
How we can help with your Timeshare?
Timeshares can cost thousands of pounds and can provide the intended annual holiday in the sun, however the Timeshare industry is fraught with controversy. Rising maintenance fees, contracts containing ‘in perpetuity’ clauses, and exiting such contracts are highly complex areas necessitating specialist legal knowledge and advice.
How do we differ from Paralegal Companies?
With a wealth of experience in this field, we can offer detailed advice based on current legislation and your particular circumstances. Although rarely necessary in Timeshare litigation, we have the right of audience in court, which a paralegal company does not.
In addition, you might find we are considerably cheaper than Paralegal companies
As quoted in ‘the Telegraph’
Mr Boyd, who deals with around 40 timeshare complaints at any given time, and has experience of dealing with the more aggressive resorts, gave the example of one client with Alzheimer’s who was being forced to pay for his timeshare even though he could not travel abroad. “You think you’re buying something to ensure reasonably priced holidays for life. Instead you end up paying escalating fees for life.”
Timeshare Fixed Fee Exit Service
A highly experienced, reputable solicitor will: –
Peruse your Timeshare Contract
Provide detailed, comprehensive advice pertinent to your particular circumstances
Write to the resort setting out the legal grounds for terminating your timeshare.
Assess whether or not you have a viable financial claim and, in appropriate cases, will consider acting for you to trial on a fixed fee or no win no fee basis.
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0161 839 8847