That’s the big question many people who were persuaded through cold-calls, glossy brochures and free holiday seminars are now asking; were they mis-sold their Timeshare and can they get Timeshare compensation?
The answer is never that simple, as there are differences in the contracts signed, the companies involved. Not only that, but many of the timeshare contracts are in Spanish, and require an in-depth knowledge of the Spanish Legal system, as well as property and contract law to unpick.
That being said, the question stands, and we’re pleased to say there are a few indicators that you may be able to get Timeshare compensation.
Let’s explore a few of the more common ones:
In perpetuity timeshare contracts
How long your contract lasts could be the first indicator of whether you can make a claim for timeshare compensation.
Contracts over 50 years, or beyond your any reasonable life-expectancy may well be deemed illegal, paving the way for a timeshare claim.
Why? Because contracts like these are obviously a long-term burden, and in some cases, may pass on to your offspring when you die.
Floating week timeshare contracts
These involve contracts that offer you a selection of weeks where you may be able to secure access to the property (assuming it was built in the first place – many weren’t). They often don’t guarantee access to the property at all, and there is evidence in some cases that suggests priority has been given to staff members and people involved in the project. Long story short, contracts like these may mean that you simply spend your time paying for somebody else’s paradise in the sun.
Mis-sold timeshare contracts
Spanish timeshare contracts are subject to rules about how they can be sold. Some of these rules are designed to protect people from high-pressure sales tactics, and if skirted around by the seller, it could pave the way to a timeshare compensation claim.
One of the biggest is insufficient or completely negated “cooling-off period”. Signing on the dotted line shouldn’t be the end, and the company should have stated that you have (as a minimum) 14-days before you pay a penny, during which time you can change you mind and back out of the contract.
There are others too, mainly involving checking for breaches of contract on the side of the resort operators or timeshare sellers which could lead to a claim.
A good tooth and comb approach may be needed to identify a compensation claim, but persevere and ask for help if needed.