European Consumer Claims (ECC) our Have Your Say sponsor with M1 Legal have helped another timeshare owner to be awarded a large sum of €20,202 following a legal battle over their unwanted timeshare through the Spanish courts against Airtours.
Mr Townsend from Cornwall said, “If there is anyone who is on the fence about pursuing a claim with ECC and M1 Legal, then I am happy to recommend them based on my personal experience,” said Mr Townsend of Launceston. “It is my understanding that my case was not easy and I would like to thank M1 Legal for pushing to get a positive outcome.”
European Consumer Claims (ECC) work exclusively with M1 Legal – a firm of timeshare lawyers specialising in timeshare claims based in Malaga, Spain. A few weeks ago, they reported a €16,076 payout from Club La Costa World to a Hampshire couple for a timeshare purchase which was found not to be legally compliant.
Mr Townsend, who is in his 50s, bought a one-bedroom apartment at Airtours Beach Club, Gran Canaria for a specific fixed week of timeshare – back in 2000 for £8,211. Over the next 15 years, he paid out over £20,000 with his annual maintenance bills rising by over 110 per cent. He stopped using the property in 2016.
At the time of the purchase, Mr Townsend was informed that Airtours was a British company and he could buy with confidence, he was also informed that the investment could be passed down to his estate. “I saw it as a holiday the family could enjoy after I was gone – they could benefit from quality 5 star accommodation with facilities such as a spa and a private beach,” said Mr Townsend. “But that was not the case, I later found out I had been misinformed and felt trapped with no option to sell. I was also becoming increasingly worried about my family being held liable for the annual maintenance bills.”
The court hearing was held at the Court of First Instance, Las Palmas, Gran Canaria against Airtours Sales Espana SL – an agent for Anfinpan SL. The case was won based on the grounds that the contract had a 96-year lease – contracts over 50 years are considered in perpetuity in Spanish law. Furthermore, the specified Week 38 did not clearly state when the apartment could be used, and the accommodation was not registered with the land registry – all points which do not comply with Spanish law.
“In early December 2019, M1 Legal informed me that the Judge had passed final judgement, and shortly before Christmas, I received the sum of €20,202, ” added Mr Townsend who was relieved it was all over and he would now use the internet to book future holidays. He is intending to pass some of the money to family and maybe treat himself to a holiday later in the year.
“If anyone has a similar situation, my advice would be to go along to a meeting and see if you have a claim, and if you do, then you can take comfort in knowing that this company does pursue claims unlike others out there,” said Mr Townsend.
In Spain, ECC’s appointed firm of lawyers, M1 Legal, are currently processing over 1,500 timeshare cases of which 985 lawsuits have already been submitted to court at a value of over £21million pounds and have achieved 195 favourable judgements totalling £3.1 million pounds.