Another win for an Anfi Sales SL clients in Madrid last week has left the timeshare industry wondering how many more of these have to come! All of the contracts that have been sold in perpetuity are being deemed null and void and the resorts forced to pay the clients back their original ‘investment’. These particular German clients battled Anfi Sales SL in the supreme courts in Madrid and have walked away happy with their win, payment in full of their original outlay, including all legal fees and costs.
This is the court house in Madrid where the decision for null and void contracts was originally passed in 2015, on timeshare contracts that include fractions or points and were purchased in perpetuity. Since this ruling there have been a string of small claims against many of the Spanish timeshare resorts, throughout Spain, however, predominantly in the civil courts in the Canary Islands and Madrid.
These clients decided to battle their case in the courts that originally made the rulings, not that it has made a difference when other clients have battled their cases more locally. It seems that now the precedent has been set, the wins for the clients just keep coming. Anfi Sales SL is one of the big losers here, and are facing a lot of battles in court over and above their small claims losses. The news seems to keep getting worse for them. One has to wonder how the rest of the owners are feeling at the moment? Are there doubts about what is happening with their future weeks and holidays? We at the TCA would love to hear from any existing Anfi clients whom are feeling unsettled at the moment and what their future plans are.
However, it is not just Anfi that are suffering from these small claims, Silverpoint has also been through a rough time in respect of these claims. Further stories in respect of Silverpoint can be read here. There have been at least 5 wins by their clients since the start of the year, and the year ahead will have a lot more to come. What are Silverpoint doing to combat these losses? There has been much speculation, and they have held a lot of meetings since the start of the year with their members with a view of how the club should move forward. This is one we will have to ride out and see what the future holds.
Both Anfi Sales SL and Silverpoint are known as respectful, well known, timeshare resorts whom are members of the RDO (Resort Development Organisation) who claim they
Represent the best in European vacation ownership and are committed to high service standards and integrity. They are bound by a code of conduct and an independent arbitration scheme, providing levels of protection beyond those required by law.
However, RDO’s news page seems to have kept very quiet with regards to the court cases being won left, right and centre against their members. One would have to question this, why they have not reported on null and void contracts made by their members in respect of perpetuity. All of these cases seem to be left in the capable hands of the Spanish courts.
Posted on: February 20, 2017
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01253 804 318 or email: info@TimeshareConsumerAssociation.org.uk