Services
1. Free case assessment |
2. Mediation | 3. Administration | 4. Litigation | 5. Enforcement of the judgment |
1. Free case assessment
Send us your request or visit us. Another option is a VIDEO CONFERENCE with us, from the comfort of your office or living room! We can be reached via email, telephone, Whatsapp, fax and post.
So how can you find out that your timeshare contract is illegal and that you are entitled to a reversal.
For this purpose, we give you a short and understandable list of the most important legal points related to your purchase contract:
- Perpetual contracts (STG Paragraph 3 - Duration)
The duration of the contract must be between three and fifty years. If this is not the case, all contracts concluded after 5 January 1999 are illegal.
- Flexible weeks and point systems (STG Paragraph 9 - content of the contract)
In the object of the contract, it must be clearly defined which exact calendar week is assigned to an exact apartment number. If this information is missing, the contract is legally ineffective.
- Payment during cooling-off period (STG Paragraph 11 - prohibition of down payments)
All payments that the buyer has made to the seller before the withdrawal period has expired are prohibited and therefore illegal.
If you have made a payment within the cooling-off period, you are entitled to claim back double the amount of this payment.
If one of the above points occurs in your sales contract, you are definitely entitled to a refund of your money and should immediately do everything necessary for this!
Calculate your refund value without obligation:
If you would like a free case assessment, with a precise explanation of the calculation of the damage value as well as the costs to be incurred, click on CONTACT or send us a copy of your contract documents by email to the following email: This email address is being protected from spambots. You need JavaScript enabled to view it.
2. Mediation
Order placement, preparation phase and extrajudicial procedure
After examining your case with regard to violations of the law in your sales contract and sufficient written evidence to lead a successful court case, the order is placed with our legal team.
Here the necessary steps to prepare the legal procedure are organized according to a joint service contract.
First of all, our lawyers are authorised with a power of attorney to represent you before the Spanish judicial bodies as well as in the first correspondence with the resort to be complained about. This takes place either with a Spanish or German notary you trust, whom you inform us in advance so that the relevant documents can be prepared for you and an appointment for signature certification can be arranged.
Our lawyers will then start the mediation process, in which an out-of-court settlement is attempted on the basis of the first legal letters. This is a formal step that is sought in every proceeding before a lawsuit is brought before the court.
Afterwards, all documents are translated into Spanish with the help of a specialized translator so that your evidence can be understood by the Spanish courts and nothing stands in the way of your claim.
3. Administration
After placing the order, you will receive a regular status report from us on the status of your case.
Here our administration team will not only answer your questions on the topic, but also guarantee you a quick and easily understandable exchange of information on the respective process step at any time, in order to make the procedure as pleasant as possible for you.
We always provide you with feedback on correspondence in court to ensure that you are always up to date.
The direct communication with your advisor as well as the clerk takes place in your language so that everything is clear and easy to understand for you.
Transparent and professional processing is essential for us, because you are important to us!
With us, you can be sure that you are our priority as a client, and that you are in the best of hands.
4. Litigation
The court proceedings consist of the following steps, and you will be informed in detail as soon as your case is in the respective status:
1) Filing the lawsuit
The application to initiate legal proceedings is made by the lawyer in the absence of mediation and is submitted in Spain via the procurator (court commissioner) to the competent local court. After the complaint has been presented, the court will issue a confirmation and assign a case number to the process, which can be found in the relevant legal document.
2) Acceptance of the filing of a lawsuit by the judge
After the files have been created by the court secretary, the case is assigned to a chamber and thus to a responsible judge, who examines the case for sufficient evidence and, after consenting to the case to go ahead, sends a confirmation of the filing to the claimant and the defendant. Here the defendant is asked to comment, which can be received within a certain time window and included in the file so that the next step can be announced.
3) Preliminary negotiation
A date is set at which the respective legal representatives of the two parties can discuss the relevant written evidence in front of the judge and request further documents. This is an administrative procedure in which the client does not have to participate. After an assessment by the judge, the next step is determined, which is either a hearing date or the judgment itself.
4) Negotiation
When the date of the hearing is announced, it will also be stated whether the judge has invited witnesses. If the client should be summoned to testify in court, there are various options for doing so, which the client will be informed of in good time.
5) Judgment
After the hearing, we await the judgment from the judge, which will be passed on to the lawyer in writing via the procurator. Here our clients receive a summary in their language of the crucial points of the verdict.
Please note: No statements can be made about the exact timing because of the different processing speeds of the respective chambers.
Our goal is to receive the full damage value plus sanction payment, interest and legal costs.
5. Enforcement of the judgment
After receiving a positive judgment, the time of the payout will not yet be determined, which is why most timeshare resorts do not pay voluntarily.
Therefore, we start a smaller, additional process that serves to enforce the judgment.
Thus, with the application of a further judgment, we obtain the enforcement of our client's claims against the debtor on the basis of an enforceable title. The time to settle the damage amount is determined in the form of cash payments or similar guarantees.
As soon as the resort has voluntarily or involuntarily deposited the damage amount with the court, it will be liquidated, transferred to the sub-account of our lawyer and from there transferred to the account of our client.
From our perspective, the case is only closed when our clients have their money in the account!