Anfi Address Consumer Concerns

Please rest assured that the agreement you have signed with Anfi Sales meets all the legal requirements on all terms; Anfi Sales and Anfi Vacation Club provide you with what is agreed in the contract and you enjoy the weeks holiday, as agreed in the contract and in the reservations procedure from the Anfi Vacation Club terms and conditions.

The ongoing issue and recent news related to the Supreme Court, considers that the law does not allow floating contracts. According to this interpretation of the law 42/98, the Supreme Court considers that all contracts must include or specify a specific apartment and a specific week and that if the contract does not fulfill both these requirements, then it must be considered null and void.  Our interpretation is completely different and we think the law allows us to sell timeshare in a floating system as it is indeed the most demanded holiday system among our members. As you know, all Anfi contracts based on the floating system clearly state the type of unit as well as the season that can be reserved therefore we cannot understand the reason of this court ruling. In addition to this, every time a vacation membership contract is signed at the Anfi Group and with a floating reservation system, a week number and an apartment number is always locked in our sales inventory and provided to the Fiduciary company, i.e. Continental Trustee, Ltd. in order to keep a strict control of the inventory. The Anfi Group has appealed this decision and will exhaust all available sources to confirm that Anfi has acted within the existing legal framework. We believe that the Court has applied a judgement following a precedent set in the Supreme Court related to a discount package, which is totally different to a floating timeshare week and our lawyers are seeking clarification on this.

With regards to the issue of perpetuity, a recent legal judgment was issued decreeing the nullity of the contract due to the character of perpetuity based on the law 42/98, which states that contracts must be for a limited time.  Therefore, any contracts made previous to the law 42/98 (being Club Monte Anfi, Anfi Beach Club and Club Puerto Anfi) continue to allow perpetuity. However, the 42/98 law also defines very clearly that any pre-existing perpetuity regime would need to be adapted and recorded if it was to continue to be sold as such and this was done by the Anfi Group through notaries and the land and property registry who duly accepted and recorded the adaptation of the existing perpetuity regime. The Supreme Court has not considered this transitional provision on the adaptation of the pre-existing regimes as stated in law 42/98, consequently dictating the nullity of contracts in perpetuity. For this reason, Anfi once again is pursuing all legal avenues to uphold our members’ rights and will be appealing against the ruling of the Spanish Supreme Court. The ruling is not yet final and Anfi will continue to sell in perpetuity in the 3 clubs mentioned until otherwise established by law.

Please be advised that as the court case has not yet been finalized, none of the questions can be answered. Until a final decision is made, there can be no plans or legal framework set up for any changes.  Regarding the floating issues and as previously mentioned, Anfi totally believes that the court has applied a judgment following a precedent set in the Supreme Court which related to a discount package which is totally different to a floating timeshare week. For this reason Anfi will continue to pursue all legal venues in this respect. This matter does not only affect Anfi but the whole of the Timeshare Industry.

On the other hand, Anfi has the obligation to give its members a certain service based on the contracts signed between both parties, which is the right se of their weeks. In this respect, Anfi does not have to give a solution to its members as their rights are intact based on the contracts that have been signed. The legality of certain contracts is being challenged on the correct platform which is in the court. Anfi is and will continue to defend the legality of its contracts and take it to its logical conclusion, as this not only goes against Anfi but against the Industry as a whole.

The Anfi Group has recently posted a communication with updated facts. Please click on www.anfi.com and under the member´s area section you will see the Anfi Group release.

It is also fair to say that this situation has been exacerbated by certain external parties such as CLA (Canarian Legal Alliance) and international press who are seeking to benefit financially by further confusing the legal picture. Should any firm contact you offering legal services to embark on legal actions, please make sure before acting that the company who has approached you offering to help with your ‘claim’ has explained to you the full situation and the costs involved.

We hope we have clarified your concerns and remain at your entire disposal for any further clarifications you might need.

For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk