We have all been made aware over the past couple of years the wrong doings in Timeshare Contracts which have led to hundreds of thousands of contracts being deemed null and void. There are many court battles taking place throughout Europe (especially Spain) by Timeshare owners that believe they are due something back. The TCA have reported on several losses that Anfi have suffered in the last year due to their contracts being null and void.
It would seem that Anfi are trying to rectify this situation, and are calling a Special General Meeting in June 2017 in Gran Canaria for their timeshare owners to attend. Anfi are proposing that the contract term is discussed and rectified. The term of the contract is primordial to rectify, as this is one of the main reasons which has led to the contracts being illegal. If the contract was signed after 1999 and had no fixed term, or the term was longer than 50 years, then it will be deemed null and void by the Spanish courts.
Anfi have tried to cover their back with a Deed of Adaption that they were granted in 2000, however, this has not prevented timeshare owners in Anfi being able to win their cases. One has to wonder whether this actually has any affect at all on the contracts. So, there will be three resolutions proposed at this meeting in which a majority between 75% and 80% should be met;
- To have fixed terms of occupancy no more than 50 years – how would this be beneficial to the timeshare owner? It may not be beneficial to the Timeshare owner as the term (if it is a fixed term) may be shorter than the 50 years if not purchasing on a said date. For instance, if the client was to purchase in 1998, the fixed term would be until end of 2048, but if there was another client that came along in 2013 and purchased a similar unit, would their term still be until 2048? Meaning that the term would only be 35 years rather than the 50. Would the price be adjusted accordingly for these contracts, so that the payment is relative to the term? It is very doubtful. It is proposed that these will be offered on a rolling 50-year basis.
- The Timeshare Scheme itself is limited to maximum of 50 years ending in 2048. Very much as above. The whole of the timeshare community in Anfi would conclude their timeshare contract in 2048, meaning some would have shorter terms than others.
- Amend the Timeshare Scheme entirely to be compliant with the Spanish Act in 1999. This is simply rewinding the way contracts are made to how they used to be, with fixed weeks.
Looking at these resolutions, there is nothing here that is very appealing to a current owner. Especially if they are in possession of one of the contracts that could be null and void. With this they could go ahead and raise a claim against the resort and win their money back.
These links lead to the Q & As Page 1 and Page 2 of the upcoming meeting. The TCA suggest that you read ALL paperwork that has come from Anfi on this matter. Read between the lines. We also suggest that you look into whether or not you may be able to pursue a case in court before signing up to anything new. Anfi seem to be running scared, and they need a resolution to prevent them being dragged through the mud over and over again, with a potential loss of millions of euros in claims.
The TCA suggests that you as the Timeshare Owner study your options and choose the best route for you! However, please be aware that all three options look to us like Anfi are trying to help themselves with no real benefit to you the owner. Please get in touch if you have any queries on the contact below.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk