EUROC Issues Guidance Following Spanish Supreme Court Ruling on Pre-1998 Timeshare Contracts
The Spanish Supreme Court issued a judgment on 30 October 2025 regarding the validity of timeshare contracts, specifically those established prior to the enactment of Spanish Law 42/98. The European Resort Owners Coalition (EUROC) has released an advisory note to assist timeshare owners in understanding the implications of this legal development.
The Supreme Court’s ruling addresses the legal status of timeshare schemes that were in existence before the 1998 legislation. Previously, there was uncertainty regarding whether contracts exceeding 50 years or those involving floating interests (such as floating weeks) were automatically null and void.
The Court has clarified that contracts for schemes existing prior to Law 42/98 are not automatically cancelled based solely on duration or the inclusion of floating interests. The ruling stipulates that the determining factor for validity is whether these schemes were properly adapted and registered via a ‘deed of adaptation’ at the Land Registry.
Implications for the Timeshare Industry
This judicial decision establishes a legal framework intended to provide stability for both the industry and consumers. By clarifying the status of older contracts, the ruling aims to reduce litigation and confusion regarding contract validity. The court emphasised the necessity of protecting acquired rights while ensuring transparency in contract terms.
EUROC Advises Caution and Verification
While the ruling provides legal clarity, EUROC advises timeshare owners to approach the new landscape with diligence. The organisation recommends that owners of timeshare interests in pre-42/98 schemes verify with their developer or resort operator that the scheme has been formally adapted and registered at the Land Registry.
EUROC encourages owners to consult directly with their timeshare operators regarding how this doctrine affects their specific agreements. The organisation warns against engaging with unsolicited third-party operators who may contact owners without prior permission.
“Consumers should always contact their timeshare resort operator in the first instance to verify any information or before agreeing to assistance from any external parties,” EUROC stated in its release.
The organisation further advises against engaging with entities requesting upfront fees to discuss timeshare exits or claims related to this ruling.
If you are confused about this news and wish to ask any questions, the EUROC Timeshare Support Hub offers a totally free service.
