Over one million timeshare contracts in Spain are illegal.
Is your contract one of them?
If you find yourself trapped within a Timeshare Scheme, paying abusive maintenance fees for weeks you do not use and with no possibility of recovering your investments, TRC is the solution for you.
Timeshare Reclaim and Consulting will deal with all aspects of your claim from start to finish.
WHY WE ARE THE BEST?
Of Cases Won
Paying 300, 400, 600 and in some cases up to 900 pounds in maintenance fee´s for a week at a mediocre or none exclusive member resort no longer makes sense. With the recovery of your money, you can enjoy the freedom to choose from a variety of luxury holidays, anywhere in the world, without paying exchange or annual maintenance fees.
Your resort may be more than 25 years old. Who will pay the necessary renovation costs in order to maintain the standards?, yes, you guessed it. The bad news is that by co-owning your resort, you cannot avoid the responsibility of its maintenance. Its not like a hotel where you pay, stay, enjoy and leave. As long as you still own your week, you continue to have the responsibility of maintaining the building and the annual fee´s.
When you signed your contract and paid for your week/s, you were told that your property would be revalued over time. However, the reality is that the more time that passes, the less a buyer is willing to pay for your week/s.
If with your contract you bought participations of the company that owns the resort, you have the same responsibilities as any owner of the company. In this case, if your resort declares insolvency or generates corporate debt, you will have the same responsibility for this, as a shareholder in the company.
The three most common reasons why Spanish courts have declared thousands of timeshare contracts null and void.
Article 3. Duration.
The duration of the system shall be between three to fifty years from the date of registration of the legal system or the date of the registration of the building as finished. Therefore if the building was built before 1998, the 50 years will start in 1998 and if the building was built after 1998, the 50 years will commence when the construction has been registered as finished.
All contracts sold in perpetuity after the 5th of January of 1999 are invalid.
How do you know that your contract is a perpetuity contract?
The law states that the finalization date must be clearly stated on the contract. If your contract does not contain an end date, it is a perpetuity contract and you are able to claim!
Article 9. Minimum content of the contract.
Express reference to the real personal nature of the right transferred. What have you bought, which date, what money has to be paid. Etc..
This means the Floating Weeks system is illegal as it does not clearly state which weeks and/or apartment you are purchasing.
Your contract should clearly specify which apartment and which week number you have agreed to buy. If this information is not stated you are entitled to a full refund.
Article 11. Prohibition on advance payments.
Any Advance payments made by the buyer to the seller before the deadline for exercising the option to withdraw, or whilst the buyer retains the power to terminate the contract as cited in the previous article, are prohibited.
Therefore if you have paid a deposit towards your contract, be it monetary or any other kind, within the 14-day cooling off period, you’re entitled to claim back double the amount paid.
What to do before starting a claim?
1.- Make sure your contract is reclaimable.
Not all contracts are claimable. In order for it to be claimable it must violate one of the clauses of law 42/98 or 04/12.
2.- Make sure that whoever is going to take your case is a Spanish law firm, or a lawyer licensed in Spain.
Only lawyers licensed in the Spanish bar association can take care of your claim in Spain. Many non Spanish companies offer legal services to file your claim in Spain, but the fact is that if a firm does not have a license in the country where the lawsuit will be filed, they cannot take your case forward. Moreover, it is a crime of professional interference with the law association and a scam for the client they intend to represent.
3.-Do not make any payments until you have received a draft of the “power of attorney” document.
4.-Ask for a copy of the legal document “admission to process”
If after some time you suspect that your claim has not been presented, request a copy of the “acceptance for processing” document for your claim.
The acceptance process is a legal document issued by the court where the lawsuit is filed, and which states that the process has begun.
Timeshare Reclaim Spain
All our general advisers have a long history within the industry. Working closely with our Spanish legal team we can liaise with the Lawyers and barristers and provide you with direct updates and information about your case, not only in your own language, but in a language you understand.
Our service is personal and approachable, meaning you never need to worry if your questions seem trivial or irrelevant. We are just a call or an email away, and are happy to put your mind at rest.
We would like to thank TCR, Hanna Haavaldsen, our contact person for a good result in our case.
We are pleased with the information we have received via Mail and tel. from TCR, regarding our lifetime contract with Holiday Club.
We would recommend using TCR for those who want to follow a requirement like ours.
Thank you for a good job in our case. We are very pleased with the end result.
Jon Borge Olsen
I am writing to thank Marc, Maria and the rest of your fabulous team for handling our case for us. Without your help and perseverance in this matter we would not have received the positive result that we did. The office were very responsive and supportive to us during our claim, with many reassuring emails and phone calls always keeping us informed of what was happening and we would highly recommend them to anybody wishing to pursue a claim like ours. We are very happy with the outcome and wish to thank you all for all the hard work you put into it for us.
Mick & Carolyn Smith
We have no words to thank the entire TRC team, the professionalism and transparency with which they have carried out our case. We will be eternally grateful to you.
Mr & Mrs Eriksson
We would like to take this opportunity to say a big Thank You to all at TRC for all the hard work in getting us a result
Colin & Sue Tory