Awarded to Clients
- Club la Costa The contract nullified was determined by the lack of information regarding the contract length and accommodation details under Spanish law 04/2012, the client also won court costs. £12,766 awarded.
- Anfi– The contract nullified was determined by the lack of information regarding the contract length and accommodation details under Spanish law 42/1998. The client also won court costs. £36,003 awarded.
- Diamond Resorts– The contract nullified was determined by the lack of information regarding the contract length and accommodation details under Spanish law 42/1998. The client also won court costs £16,649 awarded.
Appeals:
- CLCParadise– The Court of Appeal has confirmed in the first instance. In this case, the magistrates have taken into consideration the price of the last contract to include what had been paid in previous contracts. The client also won court costs. £23,636 awarded.
- CLC In the First Instance, the Judge estimated the award to be around £43,085 however, the Court of Appeal recognizes that it is £66,036 which was another blow for CLC at this appeal. The client also won courts costs. £66,036 awarded.
- CLC The Court of Appeal has confirmed our victory in the first instance confirming the nullity of the contract. The client also won court costs. £15,012 awarded
- CLC Paradise Trading– A small part of CLC’s appeal was upheld but only regarding the assessment of a further year’s reduction. Apart from that, the judgement remains untouched from the 1st Instance. £12,221 awarded.
- CLC Continental, the 1st Instance sentence is confirmed in its entirety following an extensive analysis of all the issues; jurisdiction, ancillary contracts (loan) applicable law etc. The client also won court costs. £26,050 awarded. There was one further appeal ruled at a value of £12,741
- Jurisdiction Hearings: 4 Jurisdiction Victories valued at £68,827
A recently won a dispute over the jurisdiction of a timeshare contract. The contract in question had a clause in the adjoining appendix notes to the contract, which stated that any future disputes could not be taken to a Spanish Court even though the Resort was in Spain. This was a move by the Resort which was intended to discourage any future disputes against them (Savvy Resorts know that disputes in a British Court would have a greater consumer cost). However, lawyers argued that such a clause is illegal, and their dispute was upheld by the court, which means that the cases can now be heard in a Spanish Court.
Clients have now been able to secure a settlement in relation to their timeshare purchase with H10 Premium Vacations. Legal assistance with pressure placed on both the lending supplier and the resort, H10 Premium Vacations agreed to the cancellation of our client’s contract, the cancellation of his liabilities and full refund of all monies paid. The total value of this settlement amounts to $14,475.
The client was misrepresented by a sales presentation at Ocean Blue and Sand Beach Resort in the Dominican Republic. He was charged a deposit on the day, without the offer of a cooling off period and was told many untruths, which induced him to sign a contract.
The client is now free of his timeshare contract and any liabilities and is happy to have had his money returned.
