Recently we discovered that owners at Anfi are being sent a communication which contains some very disturbing information.
As regular visitors to our site will be aware, Anfi have been the subject of literally hundreds of Spanish court cases for the selling of illegal contracts that have contravened Spanish Law 42/98. The result of these cases is that Anfi have been found guilty in all court presentations and are now subject to paying substantial compensation to owners who have been wronged.
In an attempt to stem the flow of claimants, Anfi have been communicating that owners can sign a new contract, an extract of the text is reproduced below:
“We would like to take this opportunity to advise you that at the moment and to update our database, we are offering the option to make amendments (remove/add new holders, transfer the membership to your children, or simply update the agreement under the new terms & conditions) free of charge. This way we will be able to give you an accommodation voucher, to at least recover this week.”
So what does this mean? Well it states that Anfi are prepared to update the owners’ current agreement for a new agreement free of charge, plus be they will be given free accommodation. The communication goes on to say:
“Following the new legalisation, the physical apartments and weeks behind the floating weeks will appear on the updated contract,”
So a new agreement or a new contract is on offer, so what is the problem? Basically if owners agree to these terms and allow Anfi to issues a new agreement/contract then in the event owners have an illegal contract, by accepting these terms they will likely forfeit any future rights to present a claim based on the original contract.
Whilst we have not seen the new contract, it will almost certainly have a clause something like “This contract will replace all former and/or previous contracts”
Our Advice
Think very carefully before agreeing to the Anfi offer. Whilst it is fair to say that not all existing contracts are illegal; those that are, by accepting this offer you will likely forfeit your ability to commence legal action and seek financial compensation.
The Spanish courts take the issue of illegal contracts very seriously and will nullify those contracts, this means that an owner will automatically exit their ownership, will be refunded their timeshare purchasing costs and in many cases will be awarded legal interest for the period of ownership. By agreeing to the new terms, the loss could run into thousands and the only positive gain is a free weeks’ holiday. Doesn’t seem like much of a deal to us.
If you would like to read the full communication, it may be downloaded here;
If you are at all in doubt of the status of your ownership contract and would like clarification of your legal position, please feel free to contact us.
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