Mid Week Review: Mindtimeshare Post and Marriott Payout Voluntarily

Well, here we are, halfway through the last week of February and it has been quite a month for news from the courts, with Anfi appeals being systematically dismissed and others such as Palm Oasis and Marriott paying out without all the problems. Yesterday we also highlighted one case against Marriott with the story of one family’s purchase. This story certainly showed how misleading sales presentations can be and it also highlighted the problem of availability and then the ability to be able to book independently online, often cheaper than the annual maintenance fees.

First, we must address a post on the blog site Mindtimeshare.

On 17 February, Inside Timeshare published the article “Anfi and the Tui Connection: Are Tui Liable for Court Claims?”

This looked at a question that is being asked in legal circles, it is still under debate and the possibility is being investigated by various lawyers. The article did not as Mindtimeshare would have you believe say that Tui was liable for paying out on claims while they controlled Anfi.

The article clearly showed that Tui who was in control of the “Board of Directors” were at the time responsible for the decisions of all companies within the Anfi Group and that includes the sales departments. Although they are registered companies in their own right, they are still part of the Anfi Group which was controlled by Tui at the time, the same as the Cazorla Group are now. So the question still stands.

It is obvious that the person writing for Mindtimeshare has absolutely no idea what they are talking about.

Their article is insinuating that the purpose behind the article is to “confuse” owners into making “spurious” legal claims. The purpose of the article is to inform people of legal questions and issues which are being raised, discussed and investigated. The article did not say that Tui was liable, it asked the question “could they be liable”.

Mindtimeshare has taken out of context in their blog this quote “This may also mean they are also liable for the claims against Anfi…”

(Obviously not a native English speaker!)

The full text is:

“Although Tui is no longer a shareholder at Anfi, they are legally responsible for the sale of the contracts which are illegal under Timeshare Law 42/98, sold under their watch as the controlling body of Anfi Group.”

“This may also mean they are also liable for the claims against Anfi which amount to over 48 million euros.”

Again it is posing a question, could they be liable in law?

They also state in their blog a point they have used for many years, that “Cold Calls” are “illegal” and not allowed under current Data Protection Law. Cold calls are not illegal, they are a recognised marketing tool and used by many industries. There are very strict rules which call centres must abide by, there are also rules on the data that is used. It must come from a legitimate and verifiable source, the information that they hold is also limited. Unsolicited emails, text messages etc are not allowed, emails can only be sent with the permission of the person being called. The information gained on these calls also cannot be passed to any other third party without the express permission either in writing or via a recording of the call by the “potential client”.

Once again we see Mindtimeshare confusing people with their half baked blogs, it appears they are also struggling to find anything to write about. Recently their posts have been gleaned from other sources and most are what can be called old news.

Alberto Garcia, is he back at the helm?

So again we have to ask the question, who is behind Mindtimeshare now, is Alberto Garcia back in control?

How are they being funded now?

What are they doing with all the data they have collected from “consumers” over the years?

These are very legitimate questions, after all for years this blog site was in the pay of the industry, with Silverpoint and Anfi being major contributors to the funding body the RDO.

Are they still being influenced by this?

On this point of data, Inside Timeshare does not share any readers details when they make an enquiry to any third party. Inside Timeshare will try to answer the questions and if the reader asks for a recommendation of who to go to, then we will give one. It is then down to the individual to make contact with the recommended firm unless the reader expressly asks for Inside Timeshare to make contact on their behalf and this must be in writing to conform to Data Protection.

Moving now to Marriott, yesterday we published the story of one family’s legal battle with Marriott, they have won their case and are just waiting for the payment to be made to the court and then receive this money into their own account.

Just after publishing the news came in about another case against Marriott at the Court of First Instance Number 4 of Marbella, which has now had a very satisfactory conclusion.

The court declared the contract null and void, also ordering Marriott to repay 34,992€ back to the client.

The case was heard in November 2020, with Marriott “VOLUNTARILY” paying the money into the court. These funds have now been released by the court and are now safely in the personal account of the German client, who no doubt is celebrating.

The companies named in the suit are MVCI Management SL and MVCI Holidays SL.

This has taken just 3 months and is one of the fastest payouts that we have seen for some time, this probably due to the fact that Marriott being responsible to their shareholders did admit to losing in the Spanish Courts and had already set aside over $16 million to cover these expenses.

Anfi, once again take note!

The case was prepared and brought on behalf of the client by the Canarian Legal Alliance Lawyer Oscar Salvador Santana Gonzalez with Claims Consultant Evi Richter assisting the client through the process.

We now wait and see if Marriott does the same with the case we highlighted yesterday, we suspect there will be news on this in the very near future.

If you have any questions or comments on any article published or just want to know if whoever has contacted you is genuine, please use our contact page and Inside Timeshare will get back to you.


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