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OTE appeal fails in court case against DWVC and Timelinx

Press Release: Timelinx
April 23, 2004
MALAGA, Spain -- On the 28th March 2003 a Timelinx press release announced that the court case filed against Timelinx, DWVC and several other companies by the Organisation for Timeshare in Europe (OTE) in the Court of Fuengirola, Spain, for purported unfair competition had been LOST under the following circumstances:-

In Fuengirola Court Nº 1 Judge Maria Angeles Serrano Salazar passed her Sentence on the 11th March 2003 stating that:

The claim against ALL OF THE COMPANIES named in the OTE lawsuit was DISMISSED with all costs of the case assessed against the plaintiff i.e. the OTE.

The case was won overwhelmingly, showing that:

• Timelinx is a legal, licensed company and manages the services included in the product DWVC.
• DWVC is "an unlimited system of holidays, travels and discounts" which does not sell fixed weeks of timeshare and clearly "does not imply the total or partial acquisition of any property whatsoever".
• The conditions of the purchase contract referred to are clear and not misleading.
• The sales and marketing practices are "normalised sales techniques" and "are a practice used by both the co-defendants and by the companies dedicated to the sale of timeshare".
• The Judge found that the applicable articles of the "law have not been violated and, consequently, the alleged acts of unfair competition have not been committed".

It was announced in our press release dated 1st April 2003 that the OTE had appealed the sentence.

On the 24th February 2004 in Judgement Nº 139 of the Malaga County Court, Presiding Judge Manuel Torres Vela, and Judges Joaquin Delgado Baena and Florencio de Marcos Madruga REJECTED THE APPEAL AND CONFIRMED THE INITIAL JUDGEMENT, IMPOSING ALL COSTS FOR THE ORIGINAL CASE AND THE APPEAL UPON THE OTE. There is NO further right of appeal.

Timelinx and DWVC have therefore been totally vindicated in their defence of this poorly presented and ill-conceived litigation from the OTE, who’s only intent was to damage the names and business prospects of the companies involved.

At the time of writing this release a visit to the OTE web site http://www.ote-info.com/ and the further heading “Press Releases” will show that their LAST Press Release is dated 9th January 2002 and is the one citing the instigation of the above, now failed, court case. From this one can only draw one of two conclusions:

1. The OTE, as a trade body, is so ineffectual, that it has had NOTHING WHATSOEVER to say to it’s paying members or the general public, whom it purports to “safeguard the interests of” for TWO YEARS AND THREE MONTHS,

OR

2. The OTE has left the above press release as their last statement in order to continue to do damage to the names and business standing of those cited in the above case.

One must draw one’s own conclusions as to the intentions and “impartiality” of the OTE as a, so called, independent trade body. It is also worth pointing out that the OTE has never, ever contacted Timelinx or entered into any dialogue other than through their lawyers in the above failed lawsuit.

Timelinx continues to build its business by investing in people and technology and by aligning itself with industry professionals at the highest level and by making agreements with quality suppliers. It’s commitment to continually improve customer service is reflected in the huge investment in opening the 5,000 square feet state-of-the-art ABTA bonded Reservations Centre in the UK in September 2003.

At the time of this Press Release, Timelinx has over 60,000 weeks of live, on-line, immediately bookable, holiday accommodation on it’s own Global Distribution System, which can be visited at www.timelinx.com

This is “The Timelinx Way”

Timelinx is currently in dialogue with government bodies working towards a Code of Conduct for the Holiday Club sector and is committed to aiding in the formation and implementation of the legislation which will govern it.