Timeshare Consumers Association

Getting out of a Spanish Timeshare

If you bought in Spain (including the Canaries and Balearics):-

Before 7 January 1999 – click here

Between 7 January 1999 and 16 March 2012 – click here

On or after 17 March 2012 – click here
If you bought in Spain before 7 January 1999:-
Before the introduction of the timeshare law in Spain on 7 January 1999 the Spanish Civil Code applied to timeshare ownership.
The Spanish Civil Code (clauses 1262 et seq) brings legal right for timeshare owners to terminate their membership; to have their contract declared null and void and to recover all the money they paid (including interest). The reality would be that timeshare trader would strongly resist paying back any money forcing the owner to take court action in Spain. But, faced with the risk of losing such an action, the trader is most likely to accept the return of the ownership without any payment to or from the owner.
The Civil Code applies to the Spanish mainland, the Balearics and Canary Islands. Provided the property is in Spain then the Code applies irrespective of how or where you bought.
How to cancel:-
Write, by “International Signed For" to the timeshare company saying, that under the right granted by clause 1262 (et seq) of the Spanish Civil Code that :-

you are declaring the contract [number & date] null and void

you require a full refund of all money paid in respect of the contract [provide the exact amount in pesetas]. This to be received by you not later than 28 days from the date of your letter.

That you require written confirmation within 28 days that the contract is terminated.
If you want legal help to end your Spanish ownership click here
If you bought between 7 January 1999 and 16 March 2012 (inclusive) :-
On 7 January 1999 a new law was introduced in Spain which not only provided regulations about the purchasing of timeshare but also how a timeshare scheme should be set up.
The law :-

Applied the first Timeshare Directive in respect of the purchasing of timeshare - see www.timeshare.org.uk/spainlaw

Introduced requirements for the operation of timeshare resorts.

These additional requirements related to the form and structure of timeshare systems (which were not covered in any way by the Timeshare Directive). The result of these additions was to provided timeshare owners with a number of additional opportunities to get out of their timeshare ownership.
And a number of Spanish timeshare resorts state, in the Terms and Conditions of their Purchase Agreements, that the agreement is under the jurisdiction of the Isle of Man (or some other off-shore country) which debars the resort from taking legal action in a court in England, Scotland, Wales or NI.
How to cancel:-

If you are still within an extended cooling off period (check here for information ) then write by “International Signed For” stating that you are cancelling. Also state why you are using the extended period for the cancelation.
If you are outside any cooling off period then write, by "International Signed For" to the resorts sttaing:-

I/We were told a pack of lies to get you to purchase = misrepresentation . [See here for examples]

Your fees are exorbitant and are probably illegal

I/We are cancelling our membership forthwith.

Then stop all annual fee payments and TOTALLY ignore any further correspondence.
If you want legal help to end your Spanish ownership click here
If you bought on or after 17 March 2012:-
Spain implemented the new Timeshare Directive on 17 March 2012.
The new Spanish law provides purchasers buying for a period of more than one year a 14 day cooling off period and a total ban on the taking of a deposit. The 14 day period is automatically extended if the seller fails to provide certain information in writing.
How to cancel:-
If you are still within the 14 day cooling of period – or any extended cooling off period - write by “International Signed For”, posting not later than the final day of the cancelation period (day one is the day of signing) stating that your are cancelling the purchase agreement.
If they took a deposit (illegally) then also demand a return of that within 10 days [If you do not get the deposit back then read here for an explanation how you might get the money back if you used a VISA or MasterCard]
If you get an unhappy/angry salesman on the ‘phone – do NOT talk to them.