Welcome to day 5 of the Spanish lockdown or “house arrest” as we prefer to call it, with plenty of videos being posted on social media of the main tourist areas with not a soul about. At least now the tourists who were ignoring the lockdown have finally realised that the police are not messing about and are staying in their hotels. In one video a woman who defied the rules and used the hotel pool (which was cordoned off) was arrested by National Police, she even had the audacity to ignore their orders to vacate the pool. But enough of that, today we report on a couple of news items that have filtered down from the courts, more comments and complaints from Anfi members.
Even with the courts suspending trials there still is some news filtering through, the latest was against Anfi. The case involving British clients was held at the Court of First Instance of San Bartolomé de Tirajana, where their contract was declared null and void. They were also awarded over £8,000 further details to be released.
Moving on to the Court of First Instance of Fuengirola on the Costa del Sol, this court has just rejected a “declinatoria” by Diamond Resorts.
The Declinatoria is a legal writ in which the resort petitions the court to reject the case on the basis that the court does not have jurisdiction to try the case as the contract does not fall within the jurisdiction of Spanish law.
In this case, the court in Fuengirola ruled that the Diamond contracts did, in fact, fall under Spanish jurisdiction and therefore are subject to the terms of Spanish Timeshare Law 42/98.
This particular move by Diamond and many other resorts is a common one with the sole intention of avoiding litigation under Spanish law. This ruling sends the message that the courts are now taking this matter seriously.
Both of these cases were brought on behalf of the clients by Canarian Legal Alliance.
Yesterday we published a report regarding Anfi and the policy of charging extortionate amounts per night for those members whose holidays are over, yet are stranded in Gran Canaria due to the “State of Alarm” which is in place. The latest are regarding the cancellation of bookings.
Today we publish some more comments and complaints from members on this subject.
The first is not so much a full-blown complaint but shows the concern this situation is causing to members. This reader has seen information that Anfi is to close yet there is no information or help from them forthcoming.
They are that concerned as they do not know what this means for them, they do not know what to do, even to the point of asking if they will end up “on the street”!
The next two complaints are very similar in nature, they are regarding the cancellation of bookings during the current crisis.
One reader asks “why do they have to pay 80€ to cancel their booking”, considering the situation and the fact that they may not even be able to get a flight, Inside Timeshare has to agree with them.
The second is what one reader has been told by Anfi regarding the cancellation of their booking, they will have to pay a cancellation fee, which is not given, plus they would be able to deposit their week for future use. This must be done by email before September 2020.
They are told that there is no charge to deposit the week, but, there is always a but, they will have to pay a fee of 91€ to re-book that deposited week. Although it will be valid until the end of 2021.
So even with the current situation of lockdown and the termination of many flights, Anfi seems determined to screw their members for every cent they can, this is not what people who have spent thousands to purchase this “exclusive” club membership deserve. At least in the current situation, these charges should be wavered and the costs per night should be reduced dramatically or even no charge at all.
As for the views of Inside Timeshare, this is what we have come to expect from Anfi so it is no surprise to us, customer and members service and care is obviously non-existent at Anfi.
In the end, they have screwed the members with the selling of illegal contracts over the years, they go out of their way to avoid paying what the courts have ordered and done all they can to prolong the legal process. So the question Inside Timeshare asks is do you really want to be members of this club knowing that they have no respect or regard for their members?
For further information on your legal rights and options please use our contact page and Inside Timeshare will get back to you.