Browse Tag

Western Sahara

News from the Canaries: Tauro Beach; Nordic Consulting

Over the past few years Inside Timeshare has been following the story of the Anfi Tauro Beach Project. This was the creation of a manmade beach along with the development of the land to build a commercial centre and hotels. As we know there has been much controversy over the project, with the Head of the Coastal Authority José María Hernández de León being sacked and charged. His trial has now begun.

The former head is being prosecuted for illegally authorising the creation of an artificial beach at Tauro. The project was being financed by Anfi, who saw this as their flagship project, it would also involve the illegal importation of sand from the Western Sahara, which is banned by International law as well as Spanish and European law.


José María Hernández de León

On the first day of the trial, the charges are of prevarication and falsehood, which Hernández denies vehemently, stating he always proceeded within the law. The Environmental Prosecutor has called for a jail term of three and a half years.

This trial is set to open up a can of worms, especially if it turns out that Anfi had influenced the passing of the plans and the starting of the work without the correct permissions and licences.

The Mayor of Mogan Onalia Bueno was also being investigated for authorising the work to start before the permissions were signed, several months after the fact. That investigation is still underway.

We shall bring you the latest news on this trial as it emerges.

Link to the news report on the first day

https://cadenaser.com/emisora/2019/05/15/ser_las_palmas/1557931479_570338.html?ssm=fb

Link to all articles relating to this story published by Inside Timeshare.

https://insidetimeshare.com/?s=tauro+beach

Information has been received by Inside Timeshare that Nordic Consulting Canary Islands, based in Tenerife and run by the Farhoud brothers is now targeting Dutch clients of Silverpoint.

The calls are being made by a former sales agent Geert de Greef, in the call, he is offering the client the chance to take legal action through the courts against Silverpoint, the cost 15,000€, but he then drops the price to 10,000€.

Geert de Greef apparently is also sending out a POA (poder) without the agreement of the client. In the agreement all the client’s details including passport numbers are present, this only leads us to believe that he is working from the official client data held by Silverpoint. So does this mean that they are cooperating with Silverpoint or have the details been stolen?

This is something we leave you the reader to decide, whichever it is, it certainly is not ethical and may even be in breach of data protection laws due to the information that they are holding such as passport details.

If you have been contacted by Nordic Consulting and especially Geert de Greef, contact Inside Timeshare and we will point you in the right direction, remember it may not be illegal to cold call but holding personal information without your knowledge or permission is.

Start the Week: Anfi Make the News Again; A New Contributor Joins Inside Timeshare

Welcome to Start the Week, on 11 August El Diario published another article surrounding the controversy of the man made beach at Tauro, which is part of the Anfi Tauro Beach Project.

El Diario has had access to a report on the ecological impact of the importation of sand from the Western Sahara, which under UN and EU sanctions is illegal. El Diario gained access to this report under the freedom and transparency regulations.

The report is from a study by the Biodiversity and Conservation Group, which is part to the EcoAqua University Institute of the University of Las Palmas de Gran Canaria. It looks at the impact of the Special Zone of Conservation (ZEP), Known as the Marina Strip of Mogan, an area about 300 meters offshore and covering an area of 30,000 hectares which extends along the southwest coast of Gran Canaria.

Due to the sedimentation caused by this sand, visibility is affected which will have an effect on the ecosystem as light is drastically reduced. This reduction is causing problems for the plant life as it affects their photosynthesis capabilities. There is also concern as to the introduction of minerals and other inorganic material which is also having consequences on the marine life of the Zone.

It was originally believed that the 70,000 tonnes of sand was actually coming from Las Canteras Beach in Las Palmas, but as we know it was actually imported illegally from the Western Sahara, with work starting in May 2016. This work was also started without the necessary documentation, licences and permissions in place, these were then falsified by the then head of the Coastal Authority months after the work began.

José María Hernández de León, was then sacked and is now facing trial, which the State Prosecutor is demanding a minimum of 3 years jail. The investigation is also involving Anfi as it is that company who has the concessions to the beach and also is undertaking the work to build it.

No doubt we will be seeing more prosecutions and possibly some very heavy fines, once the investigation is complete. For the full story click on the link below, open in google and use the translate facility.

https://www.eldiario.es/canariasahora/sociedad/aportacion-Tauro-Franja-Marina-Mogan-playa_de_Tauro-arena_saharaui-Franja_Marina_de_Mogan_0_801419852.html

PDF file of the University of Las Palmas Report.

ANFITauro_EDIFIL20180809_0001

We have also had the following story from one of our Anfi readers, it transpires that the Anfi Charge Card which members can use at the various concessions at Anfi, is no longer being accepted by certain bars and restaurants.

This charge card allows Anfi members to pay for food and drink without the need to use cash or their own credit cards, they are then charged at the end of their stay and clear the card with Anfi.

This is not a bad idea, but it does seem as though the businesses concerned are not having their bills paid by Anfi immediately, according to our information, they are having to wait several months before they are paid. This is obviously not good for the businesses, especially if the majority of members are using the card, the businesses still have their own bills to pay such as stock and the high rents for the locals. As we get more information on this subject we will inform you.

Inside Timeshare would also like to welcome a new collaborator, Wayne C. Robinson, an Inspirational Speaker, Author and Film Producer, you can see more about him on his website:

https://waynerobinsonproductions.com

Wayne is a former timeshare sales executive with many years of experience in the industry, he is also publishing a book called The Red Week Timeshare Book, covering everything you need to know about timeshare before, during and after the sale. It will also cover how to be rid of your timeshare for free. We will certainly be looking forward to reading this.

He has also sent us a copy of his publication entitled 13 Shocking Secrets; The timeshare industry does not want you to know. We have added a PDF copy below for you to read.

13 Shocking Timeshare Secrets

Or to subscribe click on the link below

https://l.facebook.com/l.php?u=https%3A%2F%2Fwaynerobinsonproductions.us16.list-manage.com%2Fsubscribe%3Fu%3D44c27217e62190e8ab52dc418%26id%3Da30a1ab1e0&h=AT2iQOYhL4_-aX_VBWKlWNXUlQIPvzjm2gEf_WCUm7ybAqiH-bVPp6dJfyfJna2tGxYgIY9RWIfrsDAgPPqfz4zQdQYzwHbakLP8CvHDZXLHkGBoGs20SHZxCXoP2ol4xyKsL0wsY1jkcgFFVoJY5mCeu6o5ea7ic8c

We hope to be able to publish some of his insights on these pages in the near future, so once again welcome to Inside Timeshare and the Diamond Resorts Owners Advocacy facebook page.

Tomorrow we publish another new contributor Della Morris, an Americano Beach Resort owner in foreclosure, with the introduction by our very own Irene Parker, so join us tomorrow for more on the “Nightmare on Timeshare Street” series.

Start the Week: Diamond Lose in Tenerife; Latest news on Tauro Beach and Anfi.

Welcome to the start of another week with Inside Timeshare, today we report on two cases Diamond Resorts have lost in Tenerife, but first we look at the disturbing scenes at Tauro Beach over the weekend.

Over the past year Inside Timeshare has been reporting on the debacle that is the Anfi Tauro Beach Project, this has been an ongoing saga, with charges being brought against the former head of the coastal authority along with others and a full blown investigation by Seprona, the Guardia Civil Nature Protection Service.

It has been well reported that Anfi had plans to transform the old shingle beach into a man made one with sand, build a marina and also several hotels with a shopping complex on the land behind. It turns out that part of the investigation into the beach found the sand had been illegally imported from the Western Sahara. (see link to The Guardian Article).

https://www.theguardian.com/world/2017/jul/28/trouble-in-paradise-the-canary-island-beach-accused-of-illegally-importing-sand

Now a company called Desokupa went in over the weekend and began demolishing the homes of those who live there. The reason is the land “belongs” to Anfi, who claim that these dwellings are illegal. Whether they are or not is not the point, considering that there are no planning permissions in place and the fact that the Anfi concession to run the beach is on hold while the Gran Canarian government apply to the courts to revoke the licenses. Should these demolitions have waited until the outcome?

https://www.youtube.com/watch?v=BIHbrdIC_To&feature=share

Was there a court order which allowed Anfi to bring in the bulldozers?

All valid questions which will eventually be answered, but what we have lost is a little bit of old Gran Canaria and a very popular paradise spot, for locals and tourists alike. The bar Pio Pio is one of the most popular venues in the area at the weekend, with a wonderful atmosphere and great music. Is that now in danger!

https://www.eldiario.es/canariasahora/sociedad/Violento-derribo-chabolas-Tauro_2_794790515.html

Since publishing this following has appeared on facebook for Nueva Canarias

https://www.facebook.com/permalink.php?story_fbid=10155352630021755&id=185892306754

It will take you to the link below, this is very disturbing news.

http://canarias-semanal.org/not/23270/un-comando-de-boxeadores-peninsulares-viaja-a-gran-canaria-para-derribar-chabolas-video-/

Now for the court cases against Diamond Resorts and a look at timeshare law compared to other places.

Both these cases were heard at the High Court No 3, Santa Cruz de Tenerife, both were appeals on behalf of the British clients. These cases were originally held at the Courts of First Instance and unfortunately the clients lost those cases. These were heard before the Supreme Court in Madrid issued the numerous rulings (now 126) on how the timeshare laws should be interpreted and applied.

Before these rulings, different courts and judges interpreted the laws differently, no one actually knew how the laws should be applied. This is nothing unusual in legal work, laws are put into place, but it is not until they are tested and challenged are they effective, this is what the Supreme Court has done, issued a definitive interpretation.

In the first case, the client has been awarded over 19,000€ plus legal interest, with the contract being declared null and void.

In the second case held at the same court, over 30,000€ has been awarded plus legal interest, again the contract being declared null and void.

The court found several infringements of Spanish Timeshare Law 42/98, (along with other relevant Consumer Laws), with contracts being over 50 years in duration and the illegal taking of payments within the cooling off period. The court also found as per the rulings from Spain’s Highest Court that the contracts lacked any substance or tangible product as they were points based. These have been declared illegal in Spain. (See PDF’s below for the court sentences).

HC n 3 Diamond 1

HC N3 Diamond 2

So how does Spain’s timeshare laws compare with elsewhere?

During the early days in Europe, timeshare was virtually unregulated, know one actually knew what it was, was it real estate, as that is how it was “sold” to the public, a share in your own holiday home, or was it purely a holiday product which was not an investment?

The free for all lasted some years, then the European Union issued the first of many Timeshare Directives, these were to try and regulate the industry, with the directives supposedly being put into the domestic laws of each member state. Basically all singing off the same hymn sheet!

In some countries, the directives were very much watered down, the industry trade body The RDO and the “representing” owners body TATOC, (now defunct), successfully lobbied the UK parliament and those laws are probably the weakest in Europe, they tend to be in favour of the industry not the consumer.

Spain on the other hand had a very different approach, which in some respects is not that surprising. Spain was one of the major places for timeshare development, they had just recently found freedom and democracy, with the country in dire need of development. The building of resorts and the tourist industry was one of the most important factors in this development.

The unfortunate thing is the free run timeshare developers had, timeshare was being sold even before the resorts were actually started, known as off plan. Many consumers got stung in these enterprises, with the resort they paid for never even getting built.

People on holiday were being picked up off the street left right and center, taken to sales presentations and coerced into parting with huge sums of money. Spain’s reputation as a great holiday destination was being sullied by these practices.

That all changed in December 1998, when the government introduced Law 42/98, based on the EU Timeshare Directives, but stronger. Spain was going to have the strongest laws in Europe and this was going to hurt the industry if they didn’t comply.

The law became effective on 5 January 1999, although they did allow a period where the timeshare companies could get their house in order and comply. One aspect of the law was regarding the duration of the contract, before, these were sold in perpetuity, there was no end date. The law now demanded that contracts be for a duration of a minimum 3 years and maximum of 50 years. Timeshare companies were allowed to place a deed of adaptation to all contracts sold before the law came into place, this allowed the pre 99 perpetuity contracts to remain, but all new sales must conform.

Many ignored this, on advice from their lawyers many continued to sell perpetuity, citing the deed of adaptation as the basis for carrying on. This obviously was one point that needed to be tested in the Supreme Court, but that would be many years ahead.

As a point of interest, there were two countries where timeshare laws only allowed for a maximum of 30 years on contracts, they are Madeira and Malta. Those had been put into place right at the start of timeshare development.

Another aspect of the law which Spain has put into place is the illegality of the Floating Weeks and Points systems. According the the Supreme Court they have ruled the timeshare law clearly states that any contract must have substance and tangibility, in other words the guarantee of the apartment and the week being sold. Floating weeks and points do not do this, you only have a right to use subject to availability.

So how does this compare with our friends experience across the Great Lake in the US?

Well from the many articles we have published on Inside Timeshare, they are sadly lacking any control or real consumer protection, it is pot luck which State you have purchased as to what protection you have. There appear to be no Federal Laws governing the sale of timeshare.

In Europe we have the 14 day cooling off period, where no payments should be taken and the consumer has the right to cancel, in some States we have been informed this can be as little as 3 days!

From what we have published, there are so many different agencies and authorities for the consumer to turn to, from Attorneys General (that depends on which State you are in) to the Federal Trade Commission and the FBI. (See link below on filing a complaint).

http://insidetimeshare.com/the-teusday-slot-with-irene/

We are seeing many complaints coming into Inside Timeshare on the practises of sales agents, which the timeshare companies seem to condone. There needs to be regulations to govern what is acceptable and what is not, these should be right across the board so that no matter which State you purchase in, the rules are the same for all.

Canada is preparing new legislation on the regulation of timeshare, we hope to bring you news of this from our Canadian readers in the near future.

South Africa is also pushing for changes, there have been several high profile cases against the timeshare industry, resulting in jail time and massive fines. It will not be long before they also have some of the strongest laws regulating timeshare in the world.

In Australia, there is also a move to regulate the timeshare industry, we have published in the past a couple of articles on timeshare down under. Again we wait for our Antipedian friends to submit their articles.

There is nothing wrong with the concept of timeshare, it may not suit everybody, after all we are all different, but it is how it is sold and administered that is the problem. For too long the industry has and in many cases, the US in particular, still carries on as though they are untouchable.

Diamond believed this in Spain, these cases highlighted today and those in the past along with the many more waiting to be heard, are letting them know that they are not above the law and will be curbed and brought to justice. Consumer protection is paramount in any industry, after all it is the consumer’s money that keeps any company afloat!

If you have any comments on this or any other article, then use our contact page, Inside Timeshare welcomes them.

Are you being contacted by different companies offering claims or relinquishments? If so and you are not sure if they are genuine and will do what they say, then contact Inside Timeshare, we will help you look for the information and point you in the right direction.

Tomorrow we publish an article by a new contributor, Diane Creager and titled Elder Advocates, so join us tomorrow and welcome Diane.

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