Timeshare has been one of the most controversial forms of tourism contract in Spain. In recent years, many judgements have declared timeshare contracts null and void for failure to comply with consumer protection regulations.
Now, with the recent legislative reform of 2025, new deadlines have been set for requesting the annulment of these contracts. In this article we explain the main changes and how they affect timeshare owners.
1. END OF THE INAPPLICABILITY OF THE STATUTE OF LIMITATIONS FOR THE NULLITY OF TIMESHARE CONTRACTS
Until now, timeshare contracts that did not comply with the rules were considered null and void, which meant that they could be challenged at any time without any time limit. This allowed many consumers to recover their money even years after signing the contract. However, the new Organic Law 1/2025 imposes a limitation period of 5 years for bringing actions for nullity.
What does this change mean?
Contracts signed on or after 5 January 1999 can only be challenged until April 2030.
After this period, contracts will be considered valid and validated, even if they were originally unlawful.
The aim is to give legal certainty to businesses and to limit open-ended consumer complaints.
2. NEW CONDITIONS FOR THE DURATION OF CONTRACTS
Another important change is the modification of the maximum duration of timeshare contracts. Previously, Law 42/1998 and Law 4/2012 stipulated that timeshare contracts could last between 3 and 50 years.
With the 2025 reform:
Perpetual contracts or contracts of more than 50 years will be allowed.
This opens the door to the creation of timeshare for life, which was previously prohibited.
For contracts already signed, the new regime will only apply if they are not contested within 5 years.
3. WHAT ABOUT VARIABLE WEEKLY CONTRACTS?
One of the most common problems in timeshare contracts has been the lack of definition of the accommodation and the period of use, known as the floating week. The courts had declared these contracts null and void because they did not comply with the requirement that the contract clearly stated what property was being acquired and on what dates it could be enjoyed.
With the new law:
The requirement to identify the accommodation and the period of use is maintained, but the time limit for challenging these contracts is limited to 5 years.
If not challenged before 3 April 2030, even contracts with floating weeks will be definitively validated.
4. CLAIMS AND CANCELLATION PROCEDURES
If you have a timeshare contract and think it may be void or voidable, you now have a limited time to act. Here are some recommendations:
4.1 Check the documentation
Make sure that your contract complies with current legislation. Pay particular attention to
The duration of the contract.
The clear identification of the property and the period of use.
Any unfair clauses.
The date on which the contract was signed.
4.2 Consult a specialist solicitor
An experienced timeshare solicitor will be able to review your contract and determine whether it is viable to commence an avoidance action. They will also be able to advise you on the best legal strategy to follow and the steps to take to make a formal claim.
4.3 Acting before the end of the term
If you wish to challenge your contract, it is essential that you do so before 3 April 2030. If no action is taken before that date, the contract will be definitively validated.
5. ALTERNATIVES FOR GETTING OUT OF TIMESHARE
If you do not wish to litigate, there are other ways to get out of your timeshare contract:
5.1 Selling or transferring the contract
Some companies allow the sale or assignment of timeshare contracts to other interested parties. However, beware of possible scams in the resale market.
5.2 Leaving the company
Some companies offer voluntary exit programmes for owners who wish to get out of the contract without going to court. It is advisable to negotiate with the company if this option is available.
CONCLUSION
A major change for timeshare in Spain
With this new regulation, consumers should be more diligent in checking and enforcing their timeshare contracts. Although the law still protects purchasers against abusive contracts, there is now a time limit for exercising their rights. If you have any doubts about your contract, it is best to act as soon as possible and seek legal advice to avoid losing the opportunity to challenge it.
If you need help cancelling your timeshare contract, contact our team of experts. We are here to help!
