Timeshare, holiday clubs and free-gift presentations in Spain

Key rules

• Withdrawal: You have 14 calendar days to withdraw, with no reason and no penalty.
• Advance payment: A timeshare or holiday-club seller cannot take any deposit or advance payment during the withdrawal period.
• Missing form: If you never got the standard withdrawal form, your withdrawal period is extended by one year and 14 days.
• Old contracts: Contracts with no end date or banned payments can be declared void, letting you recover what you paid plus interest.

The short version

You can walk away from a timeshare or holiday-club contract after signing, and the seller cannot take your money first. If you are already tied into an old contract, you may be able to have it declared void and recover what you paid.

Your right to withdraw

You have 14 calendar days to withdraw, with no reason and no penalty. This covers timeshare, long-term holiday products, resale and exchange contracts. The period starts on the day you sign, or the day you receive the contract if that is later.

Give notice in writing, and send it before the period ends. Keep proof that you sent it. You pay nothing for services you received before withdrawing.

The period is longer if the seller broke the rules:

• If you were not given the standard withdrawal form, the period is extended by one year and 14 days. If the seller supplies it within that year, the 14 days run from the day you receive it.
• If required information was missing, the period is three months and 14 days.

Which extension applies depends on which document is missing, so check your contract.

No money upfront

A timeshare or holiday-club seller cannot take any deposit or advance payment during the withdrawal period. This also covers guarantees, reservations of money and acknowledgements of debt. For resale contracts, the ban lasts until the sale has actually happened or the contract ends.

If you already paid, demand the money back immediately in writing. Sellers who break this rule face fines from regional consumer authorities. In some cases courts have ordered double the amount refunded. Ask a lawyer or your regional consumer office about your case.

What the seller must give you

Before you are bound, you must get, free and in writing, the standard information form for your type of contract. It must be given in good time, not pushed at you at the moment of signing.

The contract must be written and include the standard withdrawal form. It must be in the language of the EU country where you live or hold citizenship, your choice, if that is an official EU language. If it covers rights over real estate, it must also be in Spanish or the language of the place where the property is, with a certified translation. The seller must also state that the contract is separate from any other agreement and has no hidden extra costs. The information on the standard form is part of the contract and can only change if both sides agree.

Free gifts and presentations

Scratch cards, prizes and "free" gifts are a common way into a long sales session. The red-flags checklist below shows what to refuse. Never sign on the day, and never pay anything on the spot.

Getting out of an old contract

If the withdrawal period has passed, you still have options:

1. Claim that the contract is void. The Supreme Court has held, in rulings since 2015, that timeshare contracts of perpetual or indefinite duration are void, because the law limits duration to 50 years. Contracts that lack a property description, deny the right to withdraw or take advance payments can also be void. If you win, you can recover everything you paid plus legal interest. The court has also rejected time-limit arguments in many cases.
2. Claim under the timeshare rules where the advance-payment ban was broken.
3. Claim unfair terms or unfair practices under consumer law, for example over abusive clauses.
4. End a long-term holiday product without penalty. The law allows this under conditions, including ending the annual contract without penalty after the first year.

To start, send a formal demand by burofax to the company. If that fails, file a civil claim in the first-instance court where you live or where the company is based. Many lawyers take these cases on a no-win-no-fee basis. Outcomes and time limits vary case by case, so get legal advice before you act.

The timeline, documents, warnings and FAQ below cover the steps in detail.

Timeline and deadlines

• Withdraw from the contract in writing, with no reason and no penalty: within 14 calendar days of signing, or of receiving the contract if that is later

• Withdraw if the standard withdrawal form was not supplied: within one year and 14 days of the start of the period

• Withdraw if required information was missing: within three months and 14 days

• Send a formal demand by burofax to the company to challenge an old contract: after the withdrawal period has ended

• File a civil claim in the court of your home or the company's address: if the company does not settle after your formal demand

• End a long-term holiday product contract without penalty: after the first year

Documents you need

• The standard information form for your type of contract, given to you free, in writing, on paper or another durable medium, in good time before you are bound. Its content is part of the contract and cannot be changed unless both sides agree.

• The written contract, which must include the standard withdrawal form. It must be in the language of the EU country where you live or hold nationality, as you choose.

• If the contract covers rights over real estate, a certified translation, and the contract itself in Spanish or the language of the place where the property is located.

• Your written notice of withdrawal, sent before the withdrawal period ends.

• A formal demand by burofax to the company, kept with proof of sending, if you want to challenge an old contract.

Red flags of pressure selling

• Walk away if a street promoter hands you a scratch card, prize or free gift to get you to a presentation, and refuse to sign anything there.

• Refuse to sign if the invitation did not say the event is a sales presentation, or if it left out who the seller is, the real purpose, the conditions for the gift and how long it lasts.

• Refuse to sign if you are told you have won a prize but must pay something to claim it, or if a "free" gift costs you anything beyond the unavoidable cost of taking it up.

• Leave if the presentation runs for hours, you are held in a group or closing room, or you are pressed not to leave until you sign.

• Say no to a "today only" discount or a claim that the offer is available for a very limited time, and take the contract home to think.

• Do not sign if you are told the membership is an investment that can be resold or will rise in value.

• Ask for the contract in a language you understand, and refuse to sign if you do not get it or if the seller plays down your right to withdraw.

• Tell the seller to stop and leave your home if they keep calling, emailing or visiting after you said no, or refuse to leave when asked.

• Refuse any firm that asks for an upfront fee to resell your week, or that pushes an exchange or points upgrade when you already own.

What to watch out for

• Letting the withdrawal period run out: If you miss the withdrawal deadline, you lose the free, no-penalty exit and must go to court. The period can be longer if the seller left out the withdrawal form or required information. Send written notice of withdrawal as soon as you doubt the deal, and check your contract for the withdrawal form.

• Paying anything before the withdrawal period ends: Any deposit, guarantee, reservation or acknowledgement of debt taken during the withdrawal period is banned. For resale contracts the ban lasts until the sale has actually taken place or the contract ends. Refuse to pay. If you already paid, demand the money back at once and report the seller to your regional consumer authority.

• Old contracts with no end date or banned payments: A contract of perpetual or indefinite duration, longer than 50 years, or one with advance payments or no right to withdraw can be void. Paying more to leave, or signing a new deal to escape, can weaken your position. Send a burofax demand and take legal advice before paying anyone to get you out. You can recover sums paid plus legal interest.

Frequently asked questions

What if the seller did not give me the withdrawal form?

If the seller did not give you the standard withdrawal form, your withdrawal period is extended by one year and 14 days. If the seller hands over the form within that year, the 14 days start from the day you receive it.

Can I get my money back if I paid a deposit before signing?

Yes, you can demand immediate return of any deposit taken during the withdrawal period, because the payment can be challenged. In some cases of unlawful advance payment, a Spanish court may order double the amount refunded. Report the seller to your regional consumer authority, which sets the fines.

Can I cancel an old timeshare contract after the withdrawal period has ended?

Yes, you may still be able to have an old timeshare contract declared void in court.

How do I start a claim against a timeshare company?

Start by sending the company a formal demand by burofax, a postal service that proves what you sent and when. If it does not settle, file a civil claim in the court of your home or the company's address.