Post reply

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

You are walking along enjoying your holiday when a VPR/OPC/Kid on the street approaches you with his scratch cards. Law 4/2012 Article 7 Advertising (2). & E.U. DIRECTIVE 2008/122 Article 3 Advertising (2) state the VPR/OPC must inform you if you are going to a Timeshare/Holiday Club presentation. Failure to do so is a breach of the 2 laws and will make any contracts NULL & VOID.

On arrival at the resort where the presentation is to take place, if the reception staff fail to clarify you are attending a Timeshare/Holiday Club presentation, then they too have failed to comply with Law 4/2012 Article 7 Advertising (2). & E.U. DIRECTIVE 2008/122 Article 3 Advertising (2), again, any contracts will be NULL & VOID.

Once the presentation begins, you will be shown brochures and literature to support the presenter’s sales presentation. You can ask the presenter for a copy of the material being shown (simply because the presenter has used the same to present their product) and if they fail to provide you with a copy, not only should alarm bells ring, BUT they have failed to comply with Law 4/2012 Article 8 ‘The Information requirements’, and E.U. DIRECTIVE 2008/122 Article 4 ‘Pre-contractual Information’ (Acting in accordance with the procedure laid down in Article 251 of the treaty (2) Numbers (9) & (10). Contracts are NULL & VOID.

If the word ‘INVESTEMENT’ is used during the Timeshare/Holiday Club presentation, then a breach of the 2 laws have occurred making the contracts NULL & VOID.

If the word ‘property’ appears during the Timeshare/Holiday Club presentation or in the contracts, then a breach of the 2 laws have occurred making the contracts NULL & VOID.

If you are told “you can take as many Extra Weeks (Bonus Weeks) as you want”, ask the presenter/sales person for an audited copy showing how many were available in recent years. Keep this copy presented to you.

During the presentation of Timeshare/Holiday Club, the presenter must provide the guest with a written copy of the last 5 years of what any ‘Service Charges’ (Maintenance Fees) were.

If you are at Anfi Del Mar on a presentation, and sitting with a presenter who has a blue identity badge, then they have worked there for a good number of years and even have ‘some’ protection from the union representing ‘some’ workers at Anfi. The orange badge holder would appear to have ‘no rights’. I say this because of my early post relating to ‘Abuse of Authority by the British Cold Line Sales manager’, ‘Threats of violence’, ‘Health & Safety violations’, Employment Laws breached’, ‘training given to new representatives which circumvented the Spanish Timeshare Act Law 4/2012 and the E.U. Directive 122 of 2008’, and ‘Thomas Cook Representatives also circumventing these 2 laws’. Thomas Cook also provides other TATOC/RDO resorts/companies with guests to attend presentations. Any Holiday product you are presented with for purchase and if IN ANY WAY SHAPE OR FORM, EXCEEDS 12 MONTHS, then it is covered by the 2 laws, Timeshare Act, Spain 4/2012 & E.U. DIRECTIVE 2008/122. (I wonder if Anfi are still using 11 months for their 2/3/4/5 week ‘trial membership’. If the purchaser had not ‘upgraded’ to a full membership within the 11 months period, they then had 18 months of using RCI Extra Weeks’. This ‘pitch’ was used to circumvent the 2 laws, however. 11 months and 18 months equals 29 months. 29 months is more than 12 months, so therefore the product is failing to comply with the 2 laws). THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION (9) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (Unfair Commercial Practices Directive) (5) prohibits misleading, aggressive and other unfair commercial business-to-consumer practices

Under NO circumstances can any money be taken what so ever, regardless of any reason given and this also includes no monies to be taken for a third party. (E.U Directive 122/2008, (16) The same should apply to contracts for other related services provided by the trader or by a third party on the basis of an arrangement between that third party and the trader. Real Decreto-ley 8/2012, de 16 de Marzo. Part 2: General information: During this period of withdrawal, any payment of advances by the consumer is prohibited. Affects ban to any consideration, including payment, the Constitution of guarantees, reservation of money on accounts, explicit acknowledgement of debt, etc. It includes not only payment to the trader, but also to third parties.)

If your purchase a Timeshare, the contracts should specifically state what week number and which apartment number. Failure to state these in the contract makes the contract NULL & VOID.

Any existing Timeshare/Holiday Contracts which was signed before Law 4/2012 came into force (16th March 2012) and has ‘not adapted’ (been changed to comply with law 4/2012) are NULL & VOID. (Why would someone pay to get out of a contract which is NOT NOW, a legal binding contract).

Many Timeshare/Holiday Club contract were signed before Law 4/2012 (16th March 2012) and included “summary of the main services that can be enjoyed by the consumer”, in other words, Maintenance Dees. If the original contract stated the ‘Service Charges’ (Maintenance Fees) included ‘Water & Electricity’ in the Service Charges (Maintenance Fees), then you have already paid for water and electricity in those charges. If you have not signed an amended contract, or received a Resort ‘Committee’s’ amendment to these charges being itemised as being paid separately from the ‘service Charges’ (Maintenance Fees), then why are you being asked to pay for the water and electricity again when you arrive for your holiday? Some resorts are charging for water and electricity when you are on holiday.

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

CHAPTER V

Legal regime

Article 16. Mandatory.

1). consumers may not waive the rights that are recognized in this Royal Decree-law.

2). the waiver of the rights recognized by this Royal Decree-law to consumers is zero, being likewise null the acts performed on fraud law, in accordance with provisions of article 6 of the Civil Code.