Appeals by Anfi against the judgements of the Court of First Instance have become a common feature on Inside Timeshare, not a day seems to go by without yet another appeal being dismissed and today is no exception. Although Anfi has the legal right to lodge an appeal, it beggars belief that they continue to do so even when every single appeal is being rejected and the original sentence is being upheld. We also have a look at the latest information being given to members of Anfi regarding the signing of the “New Contracts”, which in theory conform to current timeshare legislation.
We begin with the latest case to be dismissed by the High Court Number 5 of Las Palmas, Gran Canaria.
The case involving a Norwegian client whose original case in the Court of First Instance Number 4 of San Bartelomé de Tirajana, was prepared and presented by Canarian Legal Alliance.
In the original sentence, this court declared the contract null and void, they also ordered that Anfi repay the client 31,770€ plus interest. A sentence that follows all those which have been past previously. After all, the courts are applying the law as laid down in 131 Supreme Court Rulings.
The three basic principles being:
- The contract is for a duration of more than 50 years, known as perpetuity;
- The inclusion of floating weeks and points systems;
- The taking of payments even by a third party within the statutory cooling-off period.
In this case, the Court of First Instance followed these principles.
Yet as expected Anfi filed their appeal with the High Court, the reason, well that is pure speculation, but we do believe that it is an attempt to cause as much delay in paying as possible, plus, to cause as much stress and anxiety to the client as possible.
We already know that the Provincial Prosecutors Office is investigating Anfi, part of this investigation is centred on the movement of funds to empty bank accounts. This then prevents any embargo from being enforced as there will be no money in the accounts. This investigation could lead to criminal charges being filed.
As we have come to expect from the High Court, they dismissed the appeal and fully endorsed the sentence of the lower court.
The case has now been returned to that court for execution of sentence, so we expect this client will soon receive the payment into their own bank account.
Moving now to the “New Contracts” Anfi is trying so desperately to make members sign.
We have been publishing on this subject since May 2017, at this meeting, Anfi put forward three proposals for changing the new contracts. Full details on the result and the proposals can be found in the links below.
Since that time, Anfi has been trying to get members to sign the new contracts with varying excuses, these have ranged from “bringing the contracts” in line with current legislation and “updating” the member’s database. This has included adding others such as family to the contract.
The last method which they have employed recently has resulted from the closure of resorts due to the pandemic restrictions being enforced around the world.
Because of this, the vast majority of members were unable to use their weeks in 2020 and it looks very unlikely they will have any better luck this year.
What Anfi have done is nothing short of “Blackmail”, unless the member signs the new contract, the week they were unable to use last year, which they have already paid their annual maintenance fees on, will be lost.
Sign the “New Contract” and Anfi will give you an “accommodation voucher” to save your week for use in the coming year. We suspect this will be the same for those who are unable to use their weeks this year!
Recently, Anfi has begun yet another campaign to “force in” these new contracts, according to the independent timeshare lawyer Javier Correa, this is what Anfi are saying:
“According to the legal changes, each member now has a fixed week in the contract, so that a value is specified with the number of square meters and cadastral registration data. The inventory that is taken internally from the system can also be viewed by the member. So that you don’t have to come to the specified week, we have an extra document for you which is marked with “Registration in the flexible system”.
In this document, you relinquish the right to the week that is in the contract to us so that you can freely choose the week, the apartment and the day of arrival as usual. Nothing will change for you when using the weeks and you will remain flexible.
By enrolling in our flexible exchange system, we guarantee you will continue to be flexible, you will continue to book in the future as before”.
The underlying concern for this lawyer and on reading the above Inside Timeshare agrees this “New Contract” is being portrayed as “MANDATORY”.
Considering Anfi’s attitude toward those with unused weeks, this conclusion is very valid.
So what if you sign the new contract?
The answer is very simple indeed, you lose all your legal rights to sue Anfi for the illegal selling of your contract, you waive your rights to legal redress and having your contract declared null and void, with the repayment of the full purchase price plus double any payment taken illegally within the statutory cooling-off period.
In other words, they know that with every case that is found against them by the lower courts and subsequently on appeal, more cases will follow.
Now, on reading the above which was issued by Anfi, it is clear this is another attempt to circumvent the law.
Although they claim that each member will be given a specified week and apartment number, which is the fixed week system which is allowed by law, but the telling thing is the “separate” contract or as they put it “document”. They call this the “Registration in the flexible system”.
On signing this “addendum”, the member waives their right to the numbered week and apartment and being placed in this “flexible system”. Hang on, does this not look like retaining the “Floating Weeks”?
We know not everyone is able to or wants to vacation the same week every year, most people do, but sometimes due to personal circumstances that may not be possible. Is this not what the old “internal exchange system” covered, after all, it was just like banking and exchanging with RCI or Interval International?
So once again, we see Anfi trying to pull the proverbial wool over the eyes of their “valued members”, no doubt there will be some lawyer who will find that this “New Contract” is just as illegal as the original. This is something which we will watch with great interest and we expect that it will be contested in the courts at some point in the future.
If you would like further information on your legal rights regarding illegal contracts whether it is Anfi or any other resort, please use our contact page and Inside Timeshare will get back to you.
Past articles on Anfi Special Meeting
Anfi and the new contract to save weeks.
Anfi in the press