In this report, the high end selling practices of Silverpoint [a timeshare resort in Tenerife] comes under the spooling in the Supreme court.
Again, the timeshare industry is getting a “Flippin” battering, as the Supreme Court rules again condemning the company Silverpoint Vacations SL, who appears dedicated to trading a variant of timeshare in Tenerife. The court has ordered on this occasion to pay the whistleblower more than 31,000 euros.
According to the lawsuit, the Silverpoint sold tourist accommodation as high-yield investment products, promising a profitable resale when sold.
Timeshare usually is sold in a single accommodation and in this case, the contract was signed in 2008, by a consumer in Club Paradiso.
The agreement granted an annual right to a holiday entitlement, with a maximum duration of eight nights, for a maximum of four people, which could be enjoyed in any of the available destinations that the Club offered.
These stays were between the municipalities Tenerife of Arona and Adeje.
After two years, Silverpoint Vacations SL promised the buyer they would earn more money if they invested the timeshare in a rental system and with the eventual resale, profit would [not might] flow. However, once the deadline expired, the opportunity changed.
Believing the product was misrepresented the claimant represented by Canarian Legal Alliance CLA placed the case before the courts, where it requested the return of the money. In addition, it required that a series of early fees be declared inadmissible and that the company be ordered to pay the amount in duplicate, that is, approximately 14,000 euros.
Although the Fourth Section of the Provincial Court of Santa Cruz de Tenerife acquitted Silverpoint, the Supreme Court was having “none of it”. It reasoned the contract must comply with Law 42/1998, which governs timesharing, despite attempting to operate “under the guise of a departing the right to take advantage of real estate.”, therefore Silverpoint got slammed.
Among the breaches, is the duty of the minimum content of the contract and the need for a precise description of the building, its location and the accommodation on which the right falls; Grounds for which “the legal consequence of nullification of the contract is null and void”. Regarding the consumer’s profit motive, the court indicates that the complainant cannot be treated as an entrepreneur since she did not carry out the sale operation assiduously. “The mere possibility that it could profit from the transfer or resale of its rights does not exclude its consumer status, considering it as such,” he explains.
The ruling, issued by the 12 magistrates of the Supreme, has a particular vote that does not believe that there was “fraud or deceit” on the part of the company.
In this way, the TS sets a precedent, since it is the first time that it stands firm on the case of Silverpoint Vacations SL, which has generated a wave of complaints in the island of Tenerife.
“No Win No Fee” Compensation Claims Please contact Mrs Glynn on 01253 208482
Monster Credits/ ABC Lawyers Claims Please contact Miss Ali on 01253 208488
Club La Costa compensation Claims Please Contact Miss Jenkinson 01253 208 483
Terminations of your Timeshare Please Contact Mrs Trippier 01253 729683.
Accounts jacqueline@tesslimited.co.uk>
Exits and Terminations: dianne@tesslimited.co.uk
Compensation: rachel@tesslimited.co.uk
Institute of Paralegal Practising Certificate Number IoP 794115
Posted on: 21st March 2017
