More than two hundred buyers of holiday homes located on Europarcs properties are expected to commence a group action against the holiday park. They are challenging the arrangement that places their purchased residences on leased land, under the park’s ownership. The mass claim organization GoBaxter plans to facilitate these collective proceedings.
In a ruling last year, the Amsterdam district court found that Europarcs was required to reimburse a buyer due to this matter. The case involved a holiday home at the Europarcs site in Kaatsheuvel. Three years prior, a woman entered into a purchase agreement for a holiday home yet to be constructed. She paid over 205,000 euros, assuming she would acquire full ownership of the property.
However, the outcome was different. Upon completion, the house automatically became the property of the landowner, Europarcs, which meant that the woman only received usage rights. This crucial information had not been disclosed to her in advance.
Europarcs board member Andries Bruil asserts that she had been offered full ownership. He claims that the decision to purchase the land is a conscious choice made by the buyer, with the majority opting to acquire the land outright. Some customers choose not to do so. Europarcs adopts comprehensive protective measures for these individuals through building rights and permanent purchase options.
Nevertheless, the Amsterdam district court deemed the 2021 purchase agreement misleading, ruling it constituted an unfair commercial practice. Subsequently, the agreement was nullified, mandating the company to refund the payment.
The court held that Europarcs’ actions represent an unfair commercial practice under Articles 6:193b to 6:193d of the Dutch Civil Code. Specifically, when entering into the agreement, Europarcs failed to disclose critical information to the claimant regarding her lack of ownership of the holiday home.
The claimant has asserted, without any contradiction, that she would not have entered into the agreement had Europarcs provided accurate and complete information. Consequently, Europarcs has acted unlawfully towards her. Under Article 6:193j of the Dutch Civil Code, Europarcs is responsible for the damages incurred.
GoBaxter intends to engage in discussions with Europarcs next month to explore the possibility of resolving the victims’ issues and averting legal action. Should these discussions prove unfruitful, GoBaxter plans to initiate a lawsuit to nullify the purchase agreements with Europarcs.
Europarcs, which has faced financial difficulties for an extended period, reports having sold approximately eight hundred holiday chalets on rental land.
