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There have been yet more “club memberships” being declared null and void in similar circumstances to the Silverpoint / Club Paradiso membership based consumer victories, as reported here.

Airtours Beach Club

Airtours Beach Club is based in Gran Canaria, so the case was heard there in Court number 5.  Airtours contracts were deemed null and void based on the fact there contracts ran for longer that the allowed 50-year term, meaning they were an illegal perpetuity contract.

In the case heard in December 2016, clients were awarded over 47,500€ in compensation, which included a return of double their deposits as they were paid within the 90 day consideration period, (or cooling off period as they are more commonly called).  In addition, they will also receive all legal fees plus interest!

Leisure Group Ltd (Designer Way Vacation Club)

Leisure Group Ltd (Designer Way Vacation Club) have fallen “victim” to a new interpretation of the Supreme Court ruling regarding floating weeks.  We mock Leisure Group Ltd (Designer Way Vacation Club) as the “victim” as in reality we know they are the only ones that have prospered over the years by their contracts.

Although no other holiday clubs have been presided over using the previous timeshare resorts floating weeks rulings, the High Court Judge in Malaga felt there were enough similarities within the contracts to compare against the previous rulings.

The case was heard in Court No. 4, and the decision was made that the Leisure Group Ltd (Designer Way Vacation Club) contracts were null and void, as certain aspects from the floating weeks illegalities were applicable to these contracts also, namely the face that what was purchased was not properly or comprehensively detailed within the purchase contract.  This means it was not clear to the consumer what they had actually purchased.  As with Silverpoints Club Paradiso contract, it contravened article 1.7 of the 42/98 Spanish Timeshare Act.

In this ruling Leisure Group Ltd (Designer Way Vacation Club) were ordered to return over 12,300€ in compensation, plus all legal fees and interest.

This latest court ruling will again open the flood gates to yet another segment of “fringe” timeshare consumers, who feel mis-sold, to come forward and make compensation claims against these rogue companies.

If you are unsure if you fall into a category that can make a claim, contact our team at the TCA for free advice on the contact details below.

For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk