Browse Month

November 2016

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.

The Alphabet Soup of Timeshare Lobby Organizations: TATOC – RDO – ARDA ROC & CARDA

Should Resort Timeshare Owners Worldwide Pay the Voluntary ARDA ROC Contribution?

questman    By Charles Thomas and Irene Parker

November 27, 2016

Across the oceanic great divide, there is an alphabet soup of timeshare political lobby organizations.  Are they on the side of the timeshare owner or on the side of the developer?

First off, who are they and what are they:

RDO (Charles)

TATOC (Charles)

The RDO, or Resorts Development Organisation, is the trade association for the timeshare industry in Europe, its function is to ensure standards within the industry are maintained and that members abide by a code of conduct. These members fund the organisation with annual subscriptions, they also provide the board of directors, it is a self policing organisation, funded and controlled by the people who make their money selling the products.

The RDO says that it helps to protect the consumer, but as we know, it is their own members who have breached the timeshare laws, just look at the many cases being brought in Spain. The only protection they appear to offer consumers is constantly attacking any company offering a service who is not one of their members. They say you should only deal with RDO “accredited” companies, any other company who is not a member is likely to be a scam.

The press has highlighted in the past, many transgressions RDO members have perpetrated, MacDonald Resorts is just one. This company was the subject of several articles by the Award Winning Journalist Tony Hetherington, one was titled “The timeshare contract that even death will not save you from”. It followed the story of one owner who could not get out of her contract on the death of her husband. What did the RDO do, nothing.

They state one of their missions is to “Educate” journalists as they are ill informed on the subject, that the industry has been the victim of poorly researched articles. Yet these articles are highlighting the plight of their own members customers!

Another partner of the RDO is TATOC, The Association of Timeshare Owners Committees, as the name suggests they represent the owners committees, but how can they represent owners when they are also funded by the industry?

The current CEO, Harry Taylor is no stranger to the Industry, between 14 June 2007 and 18 June 2013, he was listed as a director with Diamond Resorts European Collection Ltd. The strange thing is he is also listed as being appointed director of TATOC at the same time, 23 January 2007. (See Company House PDF).

harry-taylor-personal-appointments-free-information-from-companies-house

TATOC should be representing your rights, but we have seen on many occasions they have backed the plans of the resorts / developers themselves, again a case in point is MacDonald Resorts. There has been a move by this company to remove all fixed week owners into their points system, this has been resisted by many owners and is the subject of ongoing battles. Yet the advice from TATOC is to change to the points system, saying it will be better for them, backing MacDonald Resorts to the hilt at the expense of the people they say they represent.

It has been stated by Inside Timeshare many times, there does need to be dialogue between owners, resorts and developers, but the owners should be a separate voice, not one funded (run) by the industry. (See following link on trade associations inc, Tony Hetherington articles)

http://insidetimeshare.com/new-member-egtbw/

As for the “voluntary contributions” added to maintenance bills, this does not appear to be the case in Europe, so far we have not seen this and it is possible it would be highly contested if it were to be introduced.

ARDA and ARDA ROC

Timeshare owners worldwide who own a timeshare in the US may pay more attention to ARDA ROC’S “Voluntary” donation this year. Depending on the developer, the fee can range from $3 to $10. Owners must call their resort accounting department to have the charge removed unless it is an “opt-in” request.

For owners asking: “ARDA what?” – ARDA stands for American Resort Development Association and ROC is the timeshare owner arm – Resort Owner’s Coalition.

One reason timeshare owners are taking a closer look is because legislation passed in Florida last year outraged timeshare owners and timeshare advocacy groups. The legislation went into effect July 1, 2015.

One clause, simply put, “Currently, if there are errors in the contract, then a buyer has a right under Florida law to cancel that contract after 10 days. Under the new bill, errors or omissions that are “nonmaterial” would NOT allow a buyer to cancel after 10 days.” (Deanna from Winning the Timeshare Game)

http://timesharegame.com/florida-bill-weaken-timeshare-protections/

RedWeek also weighed in:

http://www.redweek.com/resources/ask-redweek/arda-roc-donation-in-maintenance-bill

Keep Reading

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.