Palm Oasis Timeshare Declared ‘Null and Void’
Palm Oasis is a timeshare resort situated in Maspalomas Gran Canaria and is subject to the laws of Spain.
There have been significant amounts of litigation in Spain, with consumers successfully bringing claims before the Spanish Courts to have their contracts declared null and void. In particular; the Supreme Court held (in a judgment against ‘Anfi’) that timeshare interests sold in perpetuity are unlawful, and the contracts are null and void.
The Spanish courts are now applying the same principles to other resorts. It has been reported that on 26th April the High Court Number 4 of Las Palmas, applying the Supreme Court Judgments over the last 12 months or so, have declared a Palm Oasis contract null and void.
The reason? The timeshare was sold in perpetuity, contrary to Spanish law. As a result, the timeshare owner was not only released from their timeshare but were awarded compensation of 26.000€. It is understood that the key factors in this case were that the timeshare was sold in perpetuity and a payment taken during the cooling off period. In addition to recovering the purchase price paid, the claimants also recovered double the amount of the deposit taken during the ‘cooling off’ period and legal costs.
This is an extremely useful case for any consumers seeking to be released from their Palm Oasis timeshare although care must be taken to ensure that the contract is directly comparable to the contract that was before the Court in this case. Even if it is not, there are strong arguments based on European Regulations that can be used to seek your release from a timeshare at Palm Oasis.