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I saw the following on another Timeshare Companies website yesterday Wednesday 9th November 2016 (which I have taken a photo shoot of) which has the following included in their article “The Law today, Law 42/1998 clearly states that contracts must last between a period of 3 & 50 years. In 2015 the Spanish Supreme Court announced the new ruling, stating that life timeshare contracts are declared illegal under perpetuity, this been a common practice at the Anfi Resort. The Majority of timeshare owners at the resort are owners from Germany, the UK and Scandinavia.” The Law covering the 2 Court Cases versus Anfi relate to purchases made in 2004 and 2009 and the website correctly points out that Law 42/1998 was in force at the time of the purchases. HOWEVER, the quote above is INCORRECT in that Law 42/1998 does not cover Timeshare being sold in Spain today, BUT the Law ‘Real Decreto-ley 8/2012’ does. The quote of “that contracts must last between a period of 3 & 50 years” is also incorrect. Look and check for your selves. Search Engine eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52015DC0644&from=en 1.INTRODUCTION This report provides an assessment of the application of Directive 2008/122/EC (the Timeshare Directive) in Member States and evaluates its effects. The 2008 Timeshare Directive repealed former Directive 94/47/EC 1 and modernised its provisions in order to deal with the emergence of new products in the travel market. It covers a broader range of holiday-related services characterised by long-term commitments or significant financial risks for consumers, namely: - timeshare contracts, of more than one year under which a consumer, for consideration, acquires the right to use overnight accommodation for more than one period of occupation; - contracts for long-term holiday products by which a consumer, for consideration, acquires the right to obtain benefits in respect of accommodation, either in isolation or together with travel or other services (such as membership in ‘discount holiday clubs’, which offer discounts on travel and accommodation in different resorts for a fixed period of time); - exchange contracts under which a consumer, for consideration, joins a system that allows him to enjoy overnight accommodation or other services in exchange for granting others, on a temporary basis, access to the benefits of the rights arising from his own timeshare contract; - resale contracts under which a trader, for consideration, assists a timeshare owner to resell his timeshare rights or long-term holiday product. Search Engine boe.es/diario_boe/txt.php?id=BOE-A-2012-3811 Scroll down to Articulo 3. Artículo 3. Contrato de producto vacacional de larga duración. Se entiende por contrato de producto vacacional de larga duración aquel de duración superior a un año en virtud del cual un consumidor adquiere, a título oneroso, esencialmente el derecho a obtener descuentos u otras ventajas respecto de su alojamiento, de forma aislada o en combinación con viajes u otros servicios. Article 3. Contract of product holiday of long duration. It means holiday product contract long one lasting more than one year by which a consumer acquires, for pecuniary, essentially the right to obtain discounts or other benefits on accommodation, in isolation or in combination with travel or other services. I have been posting as Ex Anfi (35351) C.D.N. so as not to cause any confusion as to who I am. I purchased 2 weeks of Timeshare in 1985 and had many wonderful holidays during my ownership. I do not NOW own any Timeshare, Holiday clubs or similar product what so ever. I did work in the Timeshare industry until 7th September 2015. I do not NOW work in the Timeshare Industry, Holiday Clubs or any product to do with holidays what so ever. I also DO NOT work in any profession or for any company which has any connections to do with Timeshare, holidays or any product similar. My postings are only in relation to my own personal experiences and knowledge of the Timeshare industry. The Anfi Way, maybe not? (Part 6 of 7) EU Directive 122, (16/03/2012) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION (Continued) EUROPEAN COMMISSION Brussels, 16.12.2015 COM (2015) 644 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Report on the evaluation of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts. CONCLUSIONS Based on the above findings, the Commission draws the following conclusions concerning the application of the Directive: •Regarding aspects of the timeshare, long-term holiday product, resale and exchange contracts falling within its scope, the Timeshare Directive appears overall to be a useful tool in protecting consumers in this specific holiday sector. •Regarding aspects falling outside its scope (such as termination of contracts) problems still occur. However, the analysis shows that these aspects can be successfully addressed through targeted interventions at national level, efficient self-regulatory measures and a better enforcement of other relevant EU consumer law instruments. •Specific attention must nonetheless be given to legal constructions and practices aimed at circumventing the Directive. The Consumer Rights Directive, the Unfair Contract Terms Directive and the Unfair Commercial Practices Directive can all help to address such circumventions. The revised guidance for the Unfair Commercial Practices Directive will, amongst other things, address the interaction between it and the Timeshare Directive. •At this stage, there seems to be no need to modify either the scope or the provisions of the Directive. •In order to render the Directive more effective, there is a need to encourage national enforcement authorities to focus on certain business practices and traders. This is particularly the case for Spain, which is involved in half of all complaints reported to European Consumer Centres across the EU, Iceland and Norway. •Where a conduct points towards criminal law, law enforcement authorities should be quickly informed with a view to launching criminal investigations. The cross-border dimension of fraudulent practices could be addressed more effectively by better use of the measures on criminal law cooperation, established between the law enforcement authorities of the Member States. Existing EU instruments for cooperation in criminal matters already provide a comprehensive legal framework for this purpose. •Possible alternative ways of addressing existing problems, e.g. awareness-raising campaigns, self-regulation and alternative dispute resolution mechanisms, all of which could also have a positive impact. In this respect, the European Consumer Centres have prepared a dedicated section on their websites with tips for consumers that will be launched soon. •More comprehensive strategies of national consumer protection authorities could raise consumer awareness so as to ensure that their own citizens are more informed about potential scams. Prevention is the most effective way of protecting consumers. Research shows that legitimate businesses actively work on their reputation and want to be seen as being compliant with the EU regulatory regime. Associations representing these businesses and their clients draft codes of conduct, set up alternative dispute resolution mechanisms and cooperate with enforcement authorities when detecting fraudulent traders in this holiday sector. •The Commission has taken the necessary actions under Article 258 of the Treaty on the Functioning of the European Union in cases where a Member State failed to comply with its transposition obligations. The Commission will also exercise its powers under this article whenever a Member State fails to comply with its enforcement obligations. For this reason, the Commission services have begun a dialogue with Spain regarding the correct enforcement of the Directive. •The Commission will further encourage Member States, where appropriate, to step up their enforcement actions, including via the Consumer Protection Cooperation network, and ensure the Directive’s provisions are complied with in all Member States. Consideration will be given to further steps, such as targeted workshops with key stakeholders. If deemed appropriate in light of the amount and impact of activities that are undertaken at national level in response to this report, an additional evaluation on the overall state of application of the Directive could be issued in three years’ time. Real Decreto-ley 8/2012, de 16 de Marzo. (Continued) Article 29. General scheme. 1). subject to the provisions of article 23.4, the transfer of rights of use per shift with denomination of timeshare or anything containing the word property is prohibited. Article 30. Form and content of the contract. 3) identification of the property through its cadastral reference, accurate description of the building, its location and accommodation on which rests the right, with express reference to their registration details and the turn that is the subject of the contract, indicating the days and hours that starts and ends. ****fixed week in a fixed apartment**** 4) expression that the work is completed or is under construction. In the lattercase, it shall indicate: g) detailed list of furniture and furnishings that will include housing, as well as the value that has been attributed for the purpose of the guarantee or insurance refers to article 25.2. ****how many units do not have inventories in rooms?**** 5) the price that will have to pay the purchaser and the amount that in conformity with the regulatory writing should meet annually, once acquired the right, service company, or the owner that had taken over in regulatory writing, with expression that will be updated according to the consumer price index published by the National Institute of statistics unless the parties have established another form of upgrade, which may not be at the mercy of one of them, indicating, by way of indication, what has been the average of the index in the past five years. ****Service charges (Maintenance fee’s) YUP should have average of last 5 years in writing for prospective purchasers*****