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

Any existing Spanish Timeshare/Holiday Contracts which were 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 legal and binding contract?

I am aware people may have purchased Timeshare in recent years and have in fact been ‘miss-sold’ or have signed contracts which are NOT LEGALLY binding, and wish to seek recompense for this.

My comments “why would someone pay to get out of a contract which is NOT NOW, a legal binding contract” is due to the following.

We have all read articles on the website which refer to elderly people who bought Timeshare in the 1980’s and 1990’s, who after many years of happily using their Timeshare, are now too ill or frail to use the Timeshare.

A report I read specifically quoted an elderly couple who owned their Timeshare with Macdonald resorts in Spain. For more than 10 years the elderly couple had been unable to use their Timeshare due to ill health. Although they were unable to use their Timeshare, Mcdonald Resorts were still charging them Maintenance Fees and had in fact sent in ‘the debt collectors’.

If you signed a Timeshare contract before 16th March 2012 (Law 4/2012) came into force, it is highly likely that your contract does not comply with the SPANISH Timeshare Acts in force TODAY.

An example is, you bought your Timeshare in 1990. The SPANISH contract states you own your entitlement ‘in perpetuity’ (or more than 50 Years). As soon as Law 4/2012 came into force (16th March 2012), then the company were LEGALLY OBLIGATED ‘TO ADAPT’ (change your contracts) to comply with Law 4/2012. If your ‘old’ contract contains the word ‘property’, then this “little” word will also make your old contract NOT NOW a legal binding contract.

By failing to change your contracts WITH YOUR AGREEMENT and SIGNATURES, then the company have failed to comply with LAW 4/2012.

If this is the case with your old ownership, you can freely walk away as you are NOT NOW legally bound to pay your Maintenance Fees.

‘Pure’ Points are not legal in Spanish Timeshare contracts. ‘Floating’ Weeks are not legal in Spanish Timeshare contracts.

The Official Journal of the European Union dated 14th January 2009, with regards to the Directive 2008/122/EC of the European Parliament and of the Council article 12;

Article 12 Imperative nature of the Directive and application in international cases

1. Member States shall ensure that, where the law applicable to the contract is the law of a Member State, consumers may not waive the rights conferred on them by this Directive.

2. Where the applicable law is that of a third country, consumers shall not be deprived of the protection granted by this Directive, as implemented in the Member State of the forum if: — any of the immovable properties concerned is situated within the territory of a Member State, or, — in the case of a contract not directly related to immovable property, the trader pursues commercial or professional activities in a Member State or, by any means, directs such activities to a Member State and the contract falls within the scope of such activities.

A ‘third country’ is a NON MEMBER STATE such as Russia, Ukraine ect.

TATOC are the ‘Consumer Association’ allegedly acting on behalf of CONSUMERS who own Timeshare.

Have TATOC ever advised a consumer of a pre Law 4/2012 contract which was not ‘adapted’ (Changed to conform with both Spanish Law 4/2012 and EU Directive 122/2008) that their old contract was NOW NULL and VOID and they could walk away from any Service Charges (Maintenance Fees)?

If TATOC have not advised the consumer of this before, will they be advising the consumers in the future?