Spanish Timeshare Coronavirus

Coronavirus Refunds for Spanish Timeshares

Many Spanish timeshare owners have not been able to make use of their timeshare weeks during 2020 due to a the Coronavirus pandemic. This has lead to a number of questions such as is it possible to obtain a refund for maintenance fees? what are your rights if you can’t use your Spanish timeshare due to COVID-19?

If you have a Spanish Timeshare, hopefully the answers to these frequently asked questions will be of assistance.

 

Can I get a refund for Spanish Timeshare maintenance fees due to Coronavirus?

Spanish timeshare resorts will not usually be under any obligation to refund maintenance fees to timeshare owners who have not been able to due their timeshare weeks as a result of the COVID-19.

Maintenance fees are used to ensure the upkeep of the timeshare property and resort and the majority of these costs need to be incurred regardless of whether the timeshare is open or if you have used it. Therefore we are not aware of any resorts that have offered refunds of Spanish Timeshare maintenance fees, despite the owners not be able to make use of their occupancy.

This provides little comfort to thousands of Spanish timeshare owners who have found it impossible to make use of their entitlements during this period but remain liable to the (often escalating) maintenance fees for which they have received little benefit. Many are therefore contemplating how to cancel a Spanish Timeshare as owners feels they have less rights than other ‘one-off’ holiday makers who have been entitled to obtain a refund or rearrange their bookings.

 

I am not able to use my Spanish Timeshare week due COVID-19 restrictions. What can I do?

It may be possible to negotiate with the Spanish timeshare group to try to swap your timeshare week, although we understand this is not possible in many resorts either at all or without incurring additional costs.

For those who do not have defined timeshare weeks (floating weeks) it is now even more difficult to book your timeshare with less weeks to be shared between the timeshare owners.

For many, the ongoing coronavirus saga has called into question the viability of their Spanish timeshare ownership generally, especially given the travel restrictions, quarantine, inability to book timeshare weeks and uncertainty surrounding how long these will last.

Cancellation of your Spanish Timeshare may therefore be another option that you wish to consider, especially as in many cases you may be able to Cancel your Spanish Timeshare and get your money back, depending on how the your Spanish Timeshare contract is worded.

Factors such as whether your contract is in “perpetuity”, for a period of more that 50 years, if you have ‘floating weeks’ or ‘points’ as opposed to fixed weeks and when you made the payment for your timeshare initially, may each entitle you to cancel your Spanish Timeshare and claim a refund of money paid or compensation.

 

Can I cancel my Spanish Timeshare due to COVID-19?

Whilst the pandemic itself is unlikely to provide you with a valid reason to cancel your timeshare, it may be possible to cancel your Spanish Timeshare under Spanish consumer legislation surrounding how timeshares can be sold. This enables owners to cancel their Spanish timeshares (even if they have used them for many years) as well as even claim a refund of the payments made.

 

If you would like further information about how to cancel your Spanish timeshare and whether you would be eligible for compensation, please do not hesitate to contact us and we will be happy to provide a free, no obligation assessment. Contact us on 01244 470 339 or info@worldwidelawyers.co.uk

 

Author: Sara Janion, overseas legal expert, solicitor and Notary Public