Timeshare Consumers Association
If you own a timeshare in Spain (including the Canaries and Balearics) there are three options for getting out of the ownership.Option 1 - if you bought at any time during the last 35 years
A great many purchase contracts for timeshare ownership in Spain - and Portugal - are null and void in that they fail to comply with specific requirements in the general Spanish or Portugese consumer law. These contracts are therefore unenforceable.
This applies to :-
- both “entrusted” and “escritura” (deeded) ownership
- resorts in mainland Spain, the Canaries the Balearics and Portugal
- purchases made at any time in the last 35 years.
- Irrespective of where you were when you bought and irrespective of your nationality
If you want to check whether your purchase is null and void – and therefore easily cancellable - click here
Option 2 - if you bought before 7 January 1999
In addition to Option 1 (above) the Spanish Civil Code (clauses 1262 et seq) provides the 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). However, 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 more likely to simply accept the return of the ownership without any payment to or from the owner.
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 :-
If you want legal help to end your Spanish ownership using the Spanish Civil Code option then contact CostaLuz Lawyers
- 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.
Option 3 - If you bought after 16 March 2012
Spain implemented the new Timeshare Directive on 17 March 2012 which provides purchasers buying holidays (ie, timeshare or holiday club) for a period of more than one year with 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. See here for details.
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 payment (illegally) then also demand a return of that within 10 days. If you do not get the money back then read here for an explanation how you might get the money back if you used a VISA or MasterCard