Your rights - Spanish timeshare maintenance fee increase

Spanish Timeshare Maintenance Fee Increases – Your Rights

If your Spanish timeshare maintenance fees are becoming too expensive or being increased dramatically year after year, you should consider your options and rights with regard to the payment of these fees.

What are my rights in relation to increased maintenance fees for Spanish timeshares?

Maintenance fees are charged by the Spanish timeshare company to maintain the resort property and pay costs such as insurance, utilities etc. They are necessary to ensure that the resort does not fall into disrepair.

It is however often the case that the amount of the maintenance fee is excessive for the work required or completed in the resort and makes the timeshare feel like more of a liability than an enjoyable asset. So what are your rights?

Contractual Rights

Although the increase in maintenance fees does come as a shock to many, unfortunately in most cases the potential for increases is set out within the timeshare contract (often in the small print!). It is likely therefore that you will have agreed to the timeshare company’s right to change the maintenance fees, often without notice.

You should however check your documentation to ascertain whether the annual maintenance fee  increase is in line with your timeshare contact. If not it is likely that you will have the legal right to challenge the fees charged.

Right to information

You are entitled to a breakdown of how your timeshare maintenance fees are spent.

You can also ask for a copy of the accounts, so you can check these off against the breakdown you have received. The breakdown may satisfy you that the fees are proportionate.

If however you are concerned about the contents and wish to challenge this, you should seek specialist legal advice.

Can I stop paying the maintenance fees for my Spanish timeshare?

You are contractually obliged to pay your Spanish timeshare maintenance fees. If you stop paying you will accrue debt and may be subject penalty charges, interest and legal claims against you. As well as being expensive, this can be stressful and lead to a damage to your credit rating.

If however you are considering exiting your Spanish timeshare contract, then depending on the route taken, a decision to pay or refuse to pay the maintenance fees could prejudice your claim so advice from a specialist Spanish timeshare lawyer should be sought as soon as possible. They can then advise you of your options and if and when the payment should be made.

If your maintenance fees are becoming too much of a financial burden it is advisable to look at formally cancelling your timeshare contract.

How to cancel a Spanish timeshare

There are various ways of cancelling a Spanish Timeshare depending on your circumstances including:

  • Contract law- breaches of the contract may entitle you to cancel your Spanish timeshare contract.
  • Spanish Timeshare Legislation: If the resorts has not complied with their obligations under Spanish Timeshare Legislation (any a vast number haven’t) then it may be possible to cancel your Spanish timeshare.
  • Spanish Consumer Protection Law: Spanish timeshares are protected by Spanish Consumer Protection Law. Many Spanish timeshare resorts have not complied with their obligations under these laws which may entitled you to cancel your timeshare .

In many cases owners can cancel the Spanish timeshare contract and claim thousands in compensation.

You should contact a reputable and regulated Spanish lawyer to assist you with the cancellation of your Spanish timeshare to avoid to avoid Spanish timeshare scams. Please do not hesitate to contact us and we can point you in the right direction to cancel your Spanish timeshare.

Can I give back my Spanish timeshare?

This depends on the resort but we strongly suggest that you seek legal advice before you discuss this directly with the resort.

We are aware of many Spanish timeshare resorts agreeing to ‘take back’ or cancel the timeshare for ‘free’ or in return for the payment of some sort of an exit fee. Whilst this seems as though it will provide you with what you want- i.e. to get out of your Spanish timeshare, they may end up in unnecessary costs and prevent you from making a valid compensation claim (which are typically €20,000- €60,000). These agreements typically make the resorts a lot of money in exit fees and/ or when they resell the timeshare or the property. It also saves them from having to pay out the timeshare owners legitimate timeshare claim (there are lots of Spanish timeshare scams to be aware of aimed at disgruntled timeshare owners many run by the resort themselves).

If you are considering cancelling your Spanish timeshare, please get in touch. We will be happy to arrange a FREE, no-obligation assessment of your situation from reputable and regulated Spanish solicitors. They can advise as to the best course of action in your circumstances and ascertain whether you will be able to cancel your Spanish timeshare and eligible for compensation.

Contact us on 01244 470 339 or

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