Latest Developments in Timeshare Compensation Cases

In January 2017 alone, a whopping five developments in timeshare compensation have been reported. Some of these are from the US, and some from Europe. Regardless of this, it all spells excellent news for timeshare holders seeking to claim compensation for poorly managed or mis-sold timeshares. Let’s take a look at these five most recent developments in timeshare compensation cases, and see what’s been going on.

Azure, Malta

Despite denials that they had broken the law, Club Azure has offered to settle out of court, compensating consumers from €6 million up to a possible €29 million. This is in response to a case raised by thousands of people who complained about being targeted by sales personal on behalf of the company.

Since 2020 Club Azure has declared themselves "Bankrupt" but are still paying out to consumers.

Caribbean Cruise Line

Despite denials that they had broken the law, Caribbean Cruise Line has offered to settle out of court, compensating consumers from $56 million up to a possible $76 million. This is in response to a case raised by thousands of people who complained about being targeted by telephone cold callers on behalf of the company.

One of the consumers who joined the joint claim stated: “As a business owner, I am plagued by numerous sales calls and surveys all day long. It can be quite irritating. I remember these particular calls because of what they were offering and the frequency of when they were calling me back.”

The calls made by Caribbean Cruise Line were in breach of the Telephone Consumer Protection Act, which exists to protect people from unsolicited calls by pushy telemarketers.

The compensation amounts to $500 for every single call made by the company’s telemarketers. That should put off some of those cold-callers a bit!

Diamond Resorts

In a staggering case, Diamond Resorts has been ordered to pay $800,000 in timeshare compensation to consumers. This is due to misrepresentation in the form of misleading sales pitches, untruthful declarations during their timeshare presentations, and lies about annual increases, membership resales, buy-back programs and maintenance fees.

The agreement also included a ‘relinquishment program’, by which qualifying claimants could hand back their timeshare with no further responsibility.

Wirral Man Vows To Pay Back His Timeshare Scam Victims

In the UK, Jeffrey Hitchmough was convicted to 180 hours of community service for selling people timeshares that simply didn’t exist. Cumulatively, he cost his victims £32,000.

His actions are, of course, reprehensible. However, Hitchmough has shown a huge amount of remorse for his actions, which he claimed were a last resort to try and support his family. He has vowed to pay back every penny to those he had defrauded, even if it takes him the rest of his life.

Silverpoint

The Spanish Supreme Court has ordered Silverpoint to return €25,000 to one of their Club Paradiso clients. It has been hailed as an historic case, which may set off a domino effect with other club owners in Spain.

The claimant bought her ‘holiday club membership’ in 2008, but quickly discovered that it was not the product she thought. This began the start of a six year legal battle against Silverpoint. She suffered a devastating blow when the case was initially revoked in Gran Canaria when it was first heard. However, undeterred and determined to find justice, she persevered and finally succeeded in her Supreme Court case in Madrid.

It was ruled that there was a contradiction in what the client was sold. She was told that she was buying a vacation package (or ‘provision of services’, as it was sold). What she was actually sold, however, was integration into a ‘community’ membership, which the Court ruled was really a timeshare. It was thus established that the contract she had signed did not comply with Law 42/1998, and equally was in breach of a timeshare contract on numerous accounts.

Anfi Beach Club

The Court in Gran Canaria ruled in December 2016 that contracts with Anfi Beach Clubs be effected null and void. This was concluded for the reason that, as the contracts exceeded the legal 50 year limit, they were ‘in perpetuity’ contacts and thus illegal.

As a result of the ruling, claimants were awarded over 47,500€ in timeshare compensation, including a refund of double their deposits. As the deposits were paid within the initial 90 day cooling off period, they were in breach of timeshare law. Finally, they were also awarded payment of all their legal fees, plus interest.

Timeshare Compensation Cases On The Rise!

These represent just some of the shocking stories of lawbreaking by timeshare companies, and the triumph of justice for their victims. Though these five examples have hit the headlines, they are just the tip of the iceberg when it comes to the sheer numbers of people who are finally being recognised in the eyes of the law for their mistreatment at the hands of unscrupulous timeshare and so-called ‘holiday club’ companies.