As I mentioned in my social networks, on Wednesday morning I had a trial in which I requested the nullity of a contract of Club La Pinta. The defendant companies were International Holidayway Marketing, S.L., Las Vistas Marketing, S.L. and Telpar Ventures, Inc. These contracts are substantially void because:
-They do not apply the Spanish law for timeshare contracts, in this case Law 42/98.
-They do not indicate the term of duration in the contract or is longer than the maximum set by the above referred Law of 50 years.
-They contravene article 1.2, which expressly prohibits tourist exploitation and timeshare if the latter does not fall on specific accommodations and for specific periods. (no good "floating").
-They contain undetermined objects, in accordance with article 9.1.3 of Law 42/1998, this is to say they refer to "T1 Red season" apartments or the like.
They also tend to contravene the payment of advances as in this case. In one of the contracts, signed in 2009, it was found that all the money was paid in advance (remember that the Supreme Court, interpreting Law 42/98, ruled that advance payment is any made during the three months following the signing of the contract). The proof of this was the Membership Certificate which expressly acknowledged that all the money had been disbursed. This certificate was dated March 23, 2009 and the contract was signed on January 8, 2009.
Remember that there can be two claims in a single lawsuit, one for the nullity of the contract and return of the money paid - the proportional part that remains until reaching 50 years - and another for the money that has been paid in advance.
See below how the first page of a Club La Pinta look like.
Now you know more about timeshare contracts in Spain, so if you want to get rid of it I am an independent lawyer and I can help you! Remember that preliminary advice is for free. See more information here?
