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Re: Anfi Del Mar, Gran Canaria (by Christopher D.):

The Anfi Way, maybe not? (part 5 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.

ENFORCEMENT OF THE DIRECTIVE Enforcement issues by country of the consumer and trader

Around half of all complaints between 2007 and 2013 concerning timeshare and related products, registered by the ECC-Net database, were made by UK consumers. The overwhelming majority of consumer complaints registered by ECC-Net were lodged against traders based in Spain. Available penalties

Enforcement procedures and penalties vary considerably from one Member State to another. Member States have discretion in how to comply with the Timeshare Directive with regard to providing effective enforcement means and imposing effective, proportionate and dissuasive penalties to ensure compliance with its provisions by traders.

Penalties available to enforcement authorities in case of breaches of the Directive vary significantly among the Member States — from administrative fines of EUR 1 500 to fines in excess of EUR 100 000, or fines based on the annual turnover of the trader, e.g. up to 10 %.

Police investigation and criminal prosecution

In view of the high number of consumer complaints registered by various organisations, the penalties foreseen by national consumer laws do not appear to be efficient enough to discourage fraudulent traders. There is no EU-wide definition of "fraud" as a criminal offence; however, that does not seem to be a problem, as all Member States, under certain circumstances, qualify fraud as a criminal offence in their criminal law; this offence typically covers practices that have the objective of intentionally deceiving consumers and extorting money from them with no intention of providing the service, or providing the product with the characteristics that was promised. There is thus no indication of a need for an EU-wide definition of fraud, but rather there is a need for a more ambitious application of criminal law in that area. Member States therefore should be encouraged to take a more active approach regarding the investigation and prosecution of fraudulent practices.

In some Member States, investigating and prosecuting fraudulent traders involved in consumer scams does not seem to be a priority. When assessing the seriousness of such conduct the whole extent of the crime (including money laundering) and the possible involvement of criminal organizations should also be taken into account.

Consumer associations and business associations have been very active in assisting law enforcement authorities in investigating and prosecuting fraudulent conduct committed by companies. As a result of such assistance, some important criminal cases against fraudulent traders could be successfully launched.

The cross-border dimension of such fraudulent practices and the effectiveness of the measures taken by law enforcement authorities (police, prosecution services, courts) strongly depend on the successful functioning of the established criminal law cooperation between the competent authorities of Member States. Existing EU instruments for cooperation in criminal matters provide a comprehensive legal framework for this purpose. The Directive 2014/41/EU regarding the European Investigation Order in criminal matters will make it easier for judicial authorities to collect evidence from another EU Member State during any investigation. The investigative measures covered by this Directive include, for example, interviewing witnesses, obtaining information or evidence already in the possession of the executing authority, and (with additional safeguards) interception of telecommunications and information on — and monitoring of — bank accounts. As regards the prosecution stage, the European Arrest Warrant (established by Council Framework Decision 2002/584/JHA ) is a very effective tool for seeking the arrest and subsequent surrender of a requested person for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.

Credit or debit card chargeback as remedy

Chargeback possibilities offered by providers of payment means have been identified as one of the most effective short-term ways of obtaining redress when the Timeshare Directive 2008/122/EC has been breached. It is a process that allows consumers to ask their credit or debit card provider to reverse a card transaction if there is a problem with the good or service purchased, especially if an illegal activity can be proven. Study has shown that it has been successfully used to ensure redress for consumers who were asked to make an advance payment and subsequently were refused to exercise their right of withdrawal. Directive 2007/64/EC on payment services in the internal market (PSD) and Directive 2008/48/EC on credit agreements for consumers (CCD) form the main legal bases of requesting a chargeback. With regard to chargeback for the non-conformity of goods or services, Article 15 59 of Directive 2008/48/EC applies, which covers credit card chargeback. Purchases where debit cards are used can, nevertheless, be covered by national law or by the operating rules of card companies. National consumer protection authorities and European Consumer Centres should, where appropriate, systematically advise consumers to ask banks for a chargeback, and as swiftly as possible since deadlines may apply.

Real Decreto-ley 8/2012, de 16 de Marzo. (Continued)

2). the timeshare regime can only fall on a building, property set, or sector of them architecturally distinct. All independent units that comprise it, excepting the necessary premises, must be subject to that regime. It will be necessary that the set has at least ten accommodations. He is allowed, however, that a same set of real estate is subject, at the time, a regime of rights of use per shift and to another type of tourist exploitation, provided that rights of timeshare borne of specific accommodations forperiods of time. ****************FIXED WEEK in a FIXED APARTMENT, *****************

3). the annual period of use may not be never less than seven days in a row and, within a same regime shifts may have the same duration. Shall, in addition, be reservedfor repairs, cleaning or other common purposes a period of time which may not be less than seven days for each of the accommodations subject to the regime.

4). the actual timeshare right may not in any case linked to an undivided share of the property, nor referred to timeshare, or in any other manner containing the word property.

For the purposes of advertising, marketing and transmission of the right of timeshare real estate, any other denomination may be used provided that you do not induce to confusion to the acquiring end and it falls off with clarity the nature, characteristics and legal and economic conditions of the right to enjoy.

6) contracts for lease of real estate rentals per season, which relate to more than one of them, anticipate or not corresponding to some or all seasons contracted rents, and any other contractual arrangements for more than a year, without setting up a real right relating to the use of one or more accommodations for overnight during more than one period of occupation they will be subject to the provisions of this title, without prejudice to the stipulated in the law 29/1994 of 24 November, tenancies, and general consumer protection legislation. Either you can be called timeshare or in any other manner containing the word property.

7). the contract by virtue of which constitute or convey any other rights, real or personal, for a time exceeding one year and concerning the use of one or more properties for a determined or determinable period a year, aside from this title, and with the sole exception of the provisions of the following paragraph, shall be null , and you must be returned to the purchaser or assignee any rents or satisfied considerations,as well as compensation for damages suffered.

. the provisions of this title is not obstacle to the validity of any other contractual mode of Constitution of right of a personal nature or associative type, which aims at the use of one or more accommodation for the night during more than one periodof occupation, constituted under cover and on the terms contained in the rules of the European Union in particular, Regulation (EC) No. 593/2008, of the European Parliament and of the Council of 17 June 2008 on law applicable to contractual obligations (Rome I) and of the international conventions to which Spain is a party. To all these contractual arrangements shall apply the provisions of title I of this Royal Decree.

Article 24. Duration.

1). the duration of the regime will be more than one year and shall not exceed fifty years, counting from the registration of the same or the registration of the completion of the work when the regime has been constituted on a building under construction. ***********2 and a half years comes between more than 1 year and 50 years*******

CHAPTER II Legal regime

Section 1 Constitution

Article 25. Constitution of the regime.

Service companies may not be domiciled in tax havens and will have to be, at least,a branch established in a Member State of the European Union.

Article 26. Regulatory writing.

1). the regulatory public deed of the timeshare regime must be expressed, at least the following circumstances:

1 the description of the farm on which constitutes exploitation regime shift and of the building or buildings that exist, with review of common services to the holders of the exploitations are entitled. If the construction is only begun, indicate the date limit for the completion of the same.

2nd the description of each of the accommodations that integrate each building, which will be a correlative with reference to the estate. If the property is earmarked tourist exploitation at the time that is on it a regime of exploitation by shift, will be determined what accommodations are likely to be encumbered with rights of use pershift and for what periods a year.

3rd in each accommodation designed to use shift will express the number, duration,indicating the day and start time and end, the quota corresponding to each shift with regard to accommodation, if previously constituted the horizontal division, or in relation to the total of the property, if it is not, furniture that is intended, as well as its value , and day of the year not configured as shifts of exploitation being reserved,in that housing, repairs and maintenance. It is given to each use also a correlative number on each accommodation.

4th reference to services that have been provided and which are inherent in the rights of timeshare, expressing that they are assumed directly by the owner or by a service company.

5th the statutes that undergoes the exploitation regime shift, if they had established. Of them may not be for rights holders any obligation or limitation contrary to the provisions of this title.

6th the tourist of the property registry, cadastral, town planning and, where appropriate, situation. You will accompany graphic and descriptive cadastral certification of the property, as well as the level of distribution of the different accommodation options in the respective plant.

7 remuneration of services and, where applicable, the costs of community.

8th duration of the regime.

2) in addition shall incorporate writing, original or notary public testimony, the contract concluded with the company's services and the insurance contracts referred to in article 28. An authenticated copy of these for your file must accompany registration.