Spain has now ended the “state of emergency” and things should now be returning to “normal”, with the borders and airports reopening. At the moment most of the hotels are still getting themselves ready to open under the “new normal”, which will still include social distancing and wearing of masks in closed areas. We have also seen a steady stream of restaurants beginning to open albeit they are asking for people to make reservations due to the limited numbers allowed. So it should not be long before we hear that many of the timeshare resorts will also be welcoming back their members.
Inside Timeshare has also been receiving questions about the courts and if they have reopened and getting back to business. Over the past couple of weeks, the court’s staff have been returning to work although no dates for any trials have yet been announced. From what we have been told the only cases the judges have been dealing with are those where no attendance is required.
It should also be pointed out that there is going to be a considerable backlog due to the lockdown being in place for around 10 weeks, this is obviously going to cause some delays which your lawyers have no control over. As soon as it is announced that trials will be resumed as usual Inside Timeshare will publish the information here.
Staying with the problems which the lockdown has created for many timeshare owners, many of the enquiries centre around the loss of the weeks booked and the question of maintenance. Some resorts are being very helpful in this regard, some are doing what they do best and being totally obnoxious to their members.
A very good case in point is Anfi, all the complaints surround the “voucher” to use the “week” in 2021 so as not to lose it. Sounds fine so far, the only problem is the “blackmailing” of members that is going on.
As we have published in the past, Anfi has been trying to convince members with illegal contracts to sign the new ones which then brings the contracts within the law which was established on 5 January 1999 (only 21 years too late). Obviously this is a result of the many court cases against them which they are losing on an almost daily basis.
This situation with the vouchers has prompted Anfi to inform members that the only way they can save their week and receive a voucher is to sign the new contract. We do know the reasoning behind this new contract, once signed that particular member loses any rights to sue Anfi, have their contract declared null and void plus the return of their full purchase price.
In other words, Anfi is saying to members “Sign it or lose it”, not really a customer orientated response considering the situation!
Staying with Anfi, late on Friday afternoon, the news came in that there is now one very happy client of Canarian Legal Alliance. Their case was heard some time ago with their contract being declared null and void and the court ordered Anfi to pay them over 24,000€. This client has now received the full payment into their own account, bringing an end to their case.
In Fuengirola, the Court of First Instance has declared null and void a UK client’s contract with Diamond Resorts International null and void. The contract was in breach of the timeshare law 42/98 which limits the length to a maximum of 50 years.
The court ordered Diamond Resorts to refund a total of 24,517€ plus legal fees and legal interest. Again the case was conducted by Canarian Legal Alliance and one of their lawyers Óscar Salvador Santana González. So congratulations to the client and to all the legal team at CLA.
If you have weeks and bookings for this year which you have not been able to use, Inside Timeshare would like to hear from you and the experiences you have had with your resort, have they been helpful or just downright obnoxious?
Have you had a call from a company with the wonderful news that you either have a valid claim or have even been awarded money in a court case you didn’t know about, then please use our contact page and let us know.