Browse Tag

Coastal Authority

Start the Week: Anfi Make the News Again; A New Contributor Joins Inside Timeshare

Welcome to Start the Week, on 11 August El Diario published another article surrounding the controversy of the man made beach at Tauro, which is part of the Anfi Tauro Beach Project.

El Diario has had access to a report on the ecological impact of the importation of sand from the Western Sahara, which under UN and EU sanctions is illegal. El Diario gained access to this report under the freedom and transparency regulations.

The report is from a study by the Biodiversity and Conservation Group, which is part to the EcoAqua University Institute of the University of Las Palmas de Gran Canaria. It looks at the impact of the Special Zone of Conservation (ZEP), Known as the Marina Strip of Mogan, an area about 300 meters offshore and covering an area of 30,000 hectares which extends along the southwest coast of Gran Canaria.

Due to the sedimentation caused by this sand, visibility is affected which will have an effect on the ecosystem as light is drastically reduced. This reduction is causing problems for the plant life as it affects their photosynthesis capabilities. There is also concern as to the introduction of minerals and other inorganic material which is also having consequences on the marine life of the Zone.

It was originally believed that the 70,000 tonnes of sand was actually coming from Las Canteras Beach in Las Palmas, but as we know it was actually imported illegally from the Western Sahara, with work starting in May 2016. This work was also started without the necessary documentation, licences and permissions in place, these were then falsified by the then head of the Coastal Authority months after the work began.

José María Hernández de León, was then sacked and is now facing trial, which the State Prosecutor is demanding a minimum of 3 years jail. The investigation is also involving Anfi as it is that company who has the concessions to the beach and also is undertaking the work to build it.

No doubt we will be seeing more prosecutions and possibly some very heavy fines, once the investigation is complete. For the full story click on the link below, open in google and use the translate facility.

https://www.eldiario.es/canariasahora/sociedad/aportacion-Tauro-Franja-Marina-Mogan-playa_de_Tauro-arena_saharaui-Franja_Marina_de_Mogan_0_801419852.html

PDF file of the University of Las Palmas Report.

ANFITauro_EDIFIL20180809_0001

We have also had the following story from one of our Anfi readers, it transpires that the Anfi Charge Card which members can use at the various concessions at Anfi, is no longer being accepted by certain bars and restaurants.

This charge card allows Anfi members to pay for food and drink without the need to use cash or their own credit cards, they are then charged at the end of their stay and clear the card with Anfi.

This is not a bad idea, but it does seem as though the businesses concerned are not having their bills paid by Anfi immediately, according to our information, they are having to wait several months before they are paid. This is obviously not good for the businesses, especially if the majority of members are using the card, the businesses still have their own bills to pay such as stock and the high rents for the locals. As we get more information on this subject we will inform you.

Inside Timeshare would also like to welcome a new collaborator, Wayne C. Robinson, an Inspirational Speaker, Author and Film Producer, you can see more about him on his website:

https://waynerobinsonproductions.com

Wayne is a former timeshare sales executive with many years of experience in the industry, he is also publishing a book called The Red Week Timeshare Book, covering everything you need to know about timeshare before, during and after the sale. It will also cover how to be rid of your timeshare for free. We will certainly be looking forward to reading this.

He has also sent us a copy of his publication entitled 13 Shocking Secrets; The timeshare industry does not want you to know. We have added a PDF copy below for you to read.

13 Shocking Timeshare Secrets

Or to subscribe click on the link below

https://l.facebook.com/l.php?u=https%3A%2F%2Fwaynerobinsonproductions.us16.list-manage.com%2Fsubscribe%3Fu%3D44c27217e62190e8ab52dc418%26id%3Da30a1ab1e0&h=AT2iQOYhL4_-aX_VBWKlWNXUlQIPvzjm2gEf_WCUm7ybAqiH-bVPp6dJfyfJna2tGxYgIY9RWIfrsDAgPPqfz4zQdQYzwHbakLP8CvHDZXLHkGBoGs20SHZxCXoP2ol4xyKsL0wsY1jkcgFFVoJY5mCeu6o5ea7ic8c

We hope to be able to publish some of his insights on these pages in the near future, so once again welcome to Inside Timeshare and the Diamond Resorts Owners Advocacy facebook page.

Tomorrow we publish another new contributor Della Morris, an Americano Beach Resort owner in foreclosure, with the introduction by our very own Irene Parker, so join us tomorrow for more on the “Nightmare on Timeshare Street” series.

Latest News on Tauro Beach

The debacle that is the Tauro Beach project has taken another turn over the weekend, the high winds, tides and waves have once again taken their toll.

The Anfi project to create an artificial man made beach, has over the past months seen the head of the Coastal Authority sacked and charged with wrongdoing in public office and forgery of official documents. The Mayor of Mogan being investigated for similar offences, along with the Canarian Government instituting legal proceedings to strip Anfi of the franchise to run the beach for the next 50 years.

Back in August 2016, the local residents had their homes flooded, as the high tide flowed over the beach, where once the natural defenses of the pebble beach would have stopped it. We also saw the local people filling sandbags to create a defense against it happening again, alas to no avail.

So what is the problem?

Quite simple, the project was not planned correctly, no account was taken for the fact the natural defence of the high pebble beach stopped the sea encroaching the land, that a lower flat beach would end in flooding. There was no building of a breakwater, like the one seen at Amadores beach, this protects the artificial beach from high waves, especially during the winter storms.

Only a few weeks ago the sea washed away a sizable chunk of the beach, then this past weekend we saw even more washed away, the cost, over 6 million euros, what a waste. Who paid for it? Anfi, with the money you owners paid for your timeshares.

Tauro beach gone
The beach after the weekend weather.
original beach
The original beach

Is it any wonder that the Guardia Civil are conducting a huge investigation into this project, with rumours of corruption abounding, prosecutions pending and untold damage to the environment and protected area, only 300 meters off shore.

Just seeing the damage, it is clear that no real thought had gone into the project. Even local people had warned that the beach would be washed away at the first high tides during a storm. Did anyone take any notice of their concerns? The answer is sadly no. But it is they who will suffer when the really big tides and fierce storms arrive.

Posted by an unkown English woman on The Canary New Facebook page.

This story is not over yet, but Inside Timeshare will bring you the latest as and when it happens.

Follow the links for some of main stories in past articles.

http://insidetimeshare.com/anfi-tauro-beach-project-people-flooded/

http://insidetimeshare.com/tauro-beach-project-latest-news/

http://insidetimeshare.com/nightmare-for-anfi/

http://insidetimeshare.com/first-prosecution-tauro-beach-project-filed/

http://insidetimeshare.com/mayor-mogan-investigation-anfi-tauro-beach-project/

http://insidetimeshare.com/tauro-beach-project-canarian-government-revoke-anfi-concession/

Since publishing La Provincia posted this on their website:

http://www.laprovincia.es/gran-canaria/2017/02/14/fuerte-oleaje-pone-nuevo-jaque/908733.html

 

 

 

My Thoughts Today: End of November

Yes, it is that time again, the end of another month and what a month it has been. Canarian Legal Alliance has now had 36 Supreme Court rulings in favour of their clients, the latest was on 28 November.

In the latest ruling, again against Anfi, the British clients will receive £22,940 plus legal interest and legal fees, with their contract being declared null and void. Once again the Supreme Court reiterated their previous judgements that floating weeks are illegal.

This latest ruling comes just 4 days after the Supreme Court ruled against Palm Oasis /Tasolan, again the ruling was about floating weeks. In this case the Norwegian clients have been awarded 8,810€ plus legal interest and legal fees. Their contract was also declared null and void.

It does make you wonder why these companies are taking these cases, which have already been ruled over at the lower courts, all the way to the Supreme Court?

We know that Anfi, the RDO and others, still believe that the courts have got it wrong, but after 36 rulings in favour of clients, one has think are they just trying to delay?

It has to be pointed out that these rulings cannot be changed, the Supreme Court has unanimously found in favour of the consumer on each case, with lower courts now using them in their deliberations.

Tribunal-Supremo

We have even seen this month the High Court Number 4 in Malaga using these judgements in the case against Leisure Group Ltd. In this case the CLA client has been awarded 12,390€ plus legal interest and legal fees. Their contract has also been declared null and void.

Canarian Legal Alliance has now spread its wings from the Canary Islands and over to the mainland. They have had success in the past at the courts in Fuengirola and also in Barcelona, this latest case in Malaga just goes to prove that any contract sold that is illegal will be ruled against no matter where. CLA are certainly becoming a force to be reckoned with.

We have again this month published articles on the changing face of the TCA, it must also be pointed out that several readers have also noticed that articles published here, are several days later appearing on the TCA website. The content has been juggled around a little, but it can be clearly seen from the style of writing where they did originate.

Inside Timeshare is to be honest, quite flattered that they are using our articles, the only problem is one of acknowledgement. When using articles written or published by someone else, it is normal practise to state where this came from citing the source and usually providing a link.

In another piece regarding the TCA, we published the article on incorrect information, this concerned their post on cold calling. In this they stated that “Cold calling in the UK is illegal as it is considered a breach of privacy”. As we showed in the article, cold calling is not illegal, but there are some very important a rules regarding how it is done. These were published along with a link to the Information Commissioner’s website for the full regulations. (see link below)

https://ico.org.uk/for-organisations/guide-to-pecr/electronic-and-telephone-marketing/telephone-marketing/

data-protect

We also highlighted a problem regarding owners data, in this article and the follow up, we looked at the battle going on between the resorts / developers and owners, as to who controls / owns this data.

One of our readers, Edward, wrote part of the first article, here he showed how his resorts community of owners have been trying to use the members database to contact and inform owners of changes at the club. Even the Spanish Data Protection Agency believe that it belongs to the owners and the resorts / developers are only users and custodians of this information.

We all know that lists of members are sold on to others, as we stated in both articles, even Diamond have acknowledged employees and ex-employees have taken data and sold it on. We even explained that for many on the sales staff, keeping records of clients is like an insurance policy, to be used when they no longer have a job. Remember data is a commodity, it can and will be sold, it has yet to be proven if any of this data has been misused by owners committees, that I very much doubt.

Irene also published many articles this month, one was just after the presidential election, this was titled “Dialogue: The Way Forward”.

In this piece she explained how the divisiveness of the election equates to that in the world of timeshare, owners Vs resorts / developers. In the article we address the problem and the only solution, “Dialogue”. The need to work together to ensure that owners and the industry benefit, it is a long shot but somewhere along the line there must be a coming together, if not there will no longer be an industry.

In the article “Illness: Is not a Reason to Surrender your Timeshare” myself and Irene highlighted a very huge problem, that of the elderly and sick. This is a problem for owners on both sides of the great lake, we have seen this with the ongoing story of Mrs B and MacDonald Resorts. Owners unable to use or travel due to illness yet still paying maintenance and being unable to surrender their membership. In some cases they can, but the financial penalty is quite often a huge one, for instance, MacDonald Resorts want 4 years worth of maintenance, but this is not guaranteed, it is if they “allow” you out. (see link below regarding MacDonalds)

http://insidetimeshare.com/macdonald-resorts-reasonable-recompense-relinquishing/

Tauro Beach also came into the news again this week, with the announcement that the Canarian Government was revoking the concession awarded to Anfi Group for the Tauro Beach Project. This follows the prosecution of the former head of the Coastal Authority, the investigation into the Mayor of Mogan over the permissions and licenses given for the project. This will obviously cost Anfi a fortune, not just what they have already spent on it, but the cost of repairing the damage caused. The question is now who will foot the bill, the company or the members with increased maintenance?

Playa-Anfi-Tauro-Canarias-Ahora_EDIIMA20160716_0223_18

So, that is November, it now remains to be seen what happens in December. Although with the Christmas and new year period, it will be a rather quiet month. Inside Timeshare would like to thank Irene and all the other contributors to the articles published this month. These contributions help to make Inside Timeshare more balanced, they also provide a great source of information which might just get missed.

If you require any information on any article published, or you have something we have missed, Inside Timeshare would love to hear from you. If you have a story you would like to share, contact us and we will work with you to publish it.

Tauro Beach Project: Canarian Government Revoke Anfi Concession.

The newspaper La Provincia on 27 November 2016 has published news on the ongoing problems with the Tauro Beach Project, it has been announced that the Canary Island Government is to revoke the concessions awarded to Anfi for the development of this area.

la-provincia

This comes after the investigation started by SEPRONA, the Guardia Civil  Nature Protection Service into irregularities into the licences and permissions that were granted. We have already seen the head of the Coastal Authority, Jose Maria Hernandez, dismissed from his post and facing charges for “Breach of Trust” and Forgery of documents. This case has been declared admissible by Court No3 of San Bartolome de Tirajana. Also an investigation is underway into the Mayor of Mogan, over her involvement.

It transpires that Anfi are being stripped of the concession and being accused of starting the work without providing the correct paperwork. They have also been accused of encroaching on land that was not part of the original project and not completing the project correctly. It appears that they have only laid sand on a fraction of the beach, 1300 sq meters and not the 3811 sq meters as agreed. Environmentalist are also up in arms as the 70,000tonnes of sand imported from the Sahara has not been treated. This according to them means it could contain “invasive species”, which could have a detrimental effect on the local environment.

Playa-Anfi-Tauro-Canarias-Ahora_EDIIMA20160716_0223_18

The current permits allow Anfi to develop the beach area, building hotels, commercial center and beach services for profit, with the concession running for 50 years. Because of the infractions uncovered, the licences and permits will be revoked, with initial proceedings being heard at the local court of San Bartolome de Tirajana.

This is certainly a huge blow for the Anfi Group and the new 50% owners Lopesan. The financial consequences of this could be huge, it may mean that Anfi will have to spend to put things right, but it also means they have lost the huge investments already made in the project.

It now remains to be seen what will happen next, will there be more charges as the investigation continues?

How is this all going to affect Anfi as a whole, will it mean an increase in maintenance to help cover the losses incurred in the project?

As the investigation goes on, Inside Timeshare will bring you the news as it comes out.

Click on the PDF links for the La Provincia article:

costas-abre-expediente-al-grupo-anfi-para-revocarle-la-concesion-de-tauro-la-provincia-diario-de-las-palmas

costas-open-file-to-the-anfi-group-to-revoke-the-granting-of-taurus-the-province-diario-de-las-palmas

Follow these links for more information:

https://m.facebook.com/notes/gran-canaria/surprise-tauro-beach-so-dodgy-the-government-is-taking-it-away/1664104110273792

https://youtu.be/txEIuzIT7M4

http://insidetimeshare.com/first-prosecution-tauro-beach-project-filed/

http://insidetimeshare.com/mayor-mogan-investigation-anfi-tauro-beach-project/

http://insidetimeshare.com/tauro-beach-project-latest-news/

http://insidetimeshare.com/anfi-tauro-beach-project-people-flooded/

If you have any questions about this story, contact Inside Timeshare and we will be pleased to answer them. If you have any information about this or any other subject Inside Timeshare would like to hear from you.

My Thoughts for Today: End of August.

So here we are, the end of August and what a month it has been, we ended July with the breaking news about the Anfi Beach Project at Tauro. It was announced the Guardia Civil Nature Protection Service (SEPRONA) had begun an investigation into irregularities in the permissions that were granted.

Playa-Anfi-Tauro-Canarias-Ahora_EDIIMA20160716_0223_18

This resulted in the dismissal of the head of the Coastal Authority, it appears the investigation which is ongoing may result in more dismissals and may even end in charges being brought. Inside Timeshare has been following the case as more information came to light, on 1 August Ben Magec of Ecologists in Action called for “the immediate shutdown and sealing” of the project, pointing out that it was having a detrimental effect on the nearby Special Area of Conservation.

 

Then on 5 August, Inside Timeshare published the story about the floods that occurred the day before, posting a video made by one of the local residents. At the time the flooding occurred it was a high tide, this would not have been a problem when the beach was in its original state. The rocks and pebble beach which was much higher than the sand beach, created a natural defence, with the rocks breaking up the waves. Without this natural defence the sea just rolled over the beach, flooding several homes.

 

August 8th, we published further videos of the flooding and photographs of some of the damage caused to homes of the local residents. The Bomberos (fire brigade) spent considerable time helping to pump out the water from these homes, but damage to many appliances such as fridges and washing machines was considerable. The local population then made denuncias (official complaints) to the Guardia Civil, who are now investigating. One comment from a resident was who was going to pay for the damage, they also felt they were being ignored that they were “desperate, nobody pays attention to us”.

CLA Logo

On 9 August it was announced that Canarian Legal Alliance had just won their 18th Supreme Court Victory, this took the rulings by the Supreme Court against Anfi to an incredible 17. In this particular case the court awarded over 45,000€ plus interest and legal fees to the client. Again the court stated that contracts over 50 years, floating weeks and taking deposits within the 14 day cooling off period illegal. So another happy client of Canarian Legal Alliance.

 

Then on 15 August another win for a client of CLA, this time at the High Court in Las Palmas, Gran Canaria. A staggering 66,907€ plus interest and legal fees were awarded to the client, also their contract was declared null & void. The High Court cited the Supreme Court rulings in making this judgement, showing that the judgements from Madrid are having a profound effect on how the lower courts rule.

 

The following day we published an article on the argument that is raging between TESS (Timeshare Exits & Support Services) and the Monster Travel Group. It highlighted two articles published on the TESS website on the same day, in this Tess pulled no punches in the accusations laid against Monster Travel. It also made a scathing attack on the sales staff, particularly what TESS called the “Taylor Twins”, again TESS pulled no punches.

eldiario

Then it was published in the Spanish press that the boss at Anfi (one of the part owners) Santana Cazorla was moving to Morocco for “retirement”. El Diario headlined it as Santana Cazorla se refugia en Marruecos” or Santana Cazorla takes refuge in Morocco. Inside Timeshare published this story on 17 August, in the article the questions asked are what had prompted this news. One only has to see the problems of Anfi with the court cases being brought by their members, then to cap it all the accusations and investigation into the Tauro Beach Project.

 

Just to move away from Anfi for once, Diamond Resorts announced that they had sold off their interests at the Garden Lago resort in Mallorca. The ONA Group now run Garden Lago, they also have interests at the  Cala de Mar and Cala Pi resorts, also in Mallorca. It also highlighted one member who bought because they loved it there, now Diamond have no interests there, the only way for them to use the points they own is to use them on exchange, or book direct with the resort. With this last option they would have to pay the going rate as their points would not be used.

 

19 August, CLA announced another victory at the High Court in Las Palmas, the British couple Mr & Mrs Hammond had their contract declared null & void. They were also awarded a full refund including interest and legal fees, it was not stated how much this was.

 

So in all, August has turned into quite an eventful month, it remains to be seen what September will bring.

 

If you have any questions relating to any of these articles please contact Inside Timeshare and we will do our best to answer them. It only remains for me to say have a great bank holiday weekend and I hope the weather is just as good for you to get the BBQ´s out.

bbq man

More Bad News for Anfi & Latest on Tauro Beach

Late on Friday 12 August 2016, it was announce that another client of the law firm Canarian Legal Alliance has been awarded a substantial amount of money. In this instance the High Court No 2 of las Palmas awarded over 66,907€ plus interest and legal fees against Anfi.

claimmoney

Again this is following on from the rulings laid down by the Supreme Court, that contracts over 50 years (perpetuity) are illegal. The court also affirmed that the selling of floating weeks in accordance with Supreme Court rulings was also illegal. In accordance with 18 rulings from this court the contract has been declared null & void.

 

This goes to show all the lower courts are now accepting the rulings as a matter of course, although the companies involved do have a right of appeal, this is very unlikely to succeed. Obviously this also will have the effect of speeding up the process and we will probably see cases entering the system at a faster rate.

Tauro beach 1 year ago Tauro Beach about 1 year ago.

On the point of the Tauro Beach Project, the Mayor of Mogan Onalia Bueno has also stated she is against any more man made beaches in the Mogan area. She has also criticised plans to give private companies 50 year concessions for the exploitation of the coastline in the areas of Medio Almud and Los Frailes. Unfortunately the Mayor has no authority in this matter, it comes under the Coastal Authority and the Ministry of the Environment, so will we see a mobilisation of local people to fight and demonstrate against any new proposals and plans?

As for the beach at Tauro, many of the local people have been busy with wheelbarrows and sacks, creating sandbags to build a small buttress to protect themselves from the next high tides. These bags are also ready to be placed in front of the entrances to the homes to try and prevent the flooding and damage they suffered at the beginning of August, the next high tide is 20 August. September will also see very high tides, these are known as the Mar del Pino, if these tides also coincide with any adverse weather out in the Atlantic, the flooding and damage could be worse.

 

It would seem that very little is being done for the people of this community, the head of the Coastal Authority Rafael Lopez Orive held a meeting with the heads of Anfi, the only thing reported was he is going to Measure the Beach! In other words checking the beach conforms to the measurements authorised by the regeneration project.

 

Regarding the reports filed with the Guardia Civil, the residents have been informed that proceedings have been openned. One resident who has been there for over 14 years, has said that they know the tides will be high and the flooding will not stop. It was also reported that the people do not want to move, it is their home and community.

 

For those of you who are members and owners of Anfi, how do you feel that local people are being disregarded in this way. Anfi have shown in the past they have a total disrespect for the law, this is proven by the court cases against them. We know also that all is not well between the two partners, the Lyng family and the Santana Cazorla Group, there have been rumblings between them for years. (see link Battle of the Partners).

Through social media Inside Timeshare is in contact with several of the residents, who kindly keep us informed of developments as they happen. It is only because of this media that the community can get their story out into the open. (Follow the links below).

 

http://thecanarynews.com/tauro-beach-residents-angry-about-flooding/

 

http://www.laprovincia.es/gran-canaria/2016/08/11/topografo-costas-acude-tauro-medir/851160.html

 

Tauro Photo Gallery

http://www.canarias7.es/multimedia/galeria.cfm?id=18562

 

http://insidetimeshare.com/great-anfi-battle-partners/

 

If you have any questions about any timeshare matter or have any information about any company that you would like others to know, contact Inside Timeshare through the contacts section.