The last two Court Sentences of the Spanish Supreme Court on Timeshares are a compendium of the doctrine that the High Court has produced so far:
1. Timeshare Law applies to holiday club memberships as, the object that was transmitted in the contract, is a right to use one or several properties during a determined or determinable period of time.
2. If the contract did not respect the form established by law, it is null and void.
3. The indefinite duration of these contracts makes it null and void and they can only be constituted for a maximum period of 50 years.
4. Any individual who acts for purposes unrelated to their economic activity, business, trade or profession is a consumer.
5. The profit motive does not necessarily exclude the condition of consumer of a natural person. The mere possibility of investing your savings to profit from the rent or resale of your rights does not exclude your status as a consumer.
6. If the contract is declared null and void, the corresponding amounts are returned proportionally taking into account the number of years not used up to the maximum of 50 years.
7. The null and void character of the timeshare contract is linked to the declaration of the linked loan as null and void too.
At CostaLuz Lawyers we can help you with the appraisal of your timeshare contract in Spain
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