# Spanish timeshare claims - basic info [merged]



## Julie J (Jul 19, 2016)

I cannot invite you to contact me for more information or I will be in breach of the posting rules on this site - but this is information that many Spanish timeshare owners ought to know.

If you own a Spanish timeshare - i.e. the selling company is a Spanish company (whose name ends in SL) OR potentially you bought from another company but while you were on holiday in Spain (including the Canaries and Balearics) and/or you paid any part of the purchase price while in Spain OR your timeshare contract references a Spanish timeshare resort, even if you have points and have never actually visited your home resort

AND

If you bought after 5 January 1999 when Spanish timeshare law 42/1998 came into force

AND any one or more of the following applies:
- your contract is in perpetuity - i.e. states that it is unlimited in time or does not state an end date - or has a duration of more than 50 years
- your contract does not specify an apartment and a date when you are entitled to occupy it, i.e. you have a floating week or points contract - basically you bought the right to make a phone call and try and book
- you paid any part of the purchase price within the 14 days 'cooling off' period - even if you paid to an 'independent ' third party or trustee company rather than the timeshare operator

YOU COULD HAVE A CLAIM!

This means you could apply to the Spanish Courts to have your contract declared null & void, recover the whole purchase price, in some cases double the purchase price if you paid within 3 months of signing a defective contract, and possibly claim back all your maintenance payments since you bought. Your claim will also include legal interest and your legal fees.

It sounds too good to be true but it is true. the Spanish Supreme Court has issued at least 15 decisions since January 2015 enforcing a Spanish timeshare law that has been in effect since 1999. OK - they took their time, but they got there in the end.

I am the Secretary of Anfi UK Members' Club - you can check me out on LinkedIn - see Julie Jordan - a retired UK solicitor and I am leading a project within our club to support members who want to make claims. We identified a Spanish law firm, recommended to me by a former professional colleague, whose senior partner is registered as a European lawyer with the UK SRA and who employs native English speaking staff, who could support our members. That law firm is now expanding its timeshare claims practice beyond Anfi UK members to include owners at other Spanish timeshare resorts.  They provide FREE NO OBLIGATION timeshare contract assessments, an opinion on your chances of making a successful claim, a valuation of your claim and a fixed fee quote.  NO PAYMENT until you make the decision to go ahead.

106 of Anfi UK members are now making claims against Anfi Group companies based on these Spanish Supreme Court decisions. We filed our first batch of 56 claims at the end of October 2015 and they are now going through their pre-trial reviews in the Courts in Gran Canaria. The first of our claims is listed for a full hearing on 5 September 2016. In Spain if you win at first instance, cf the UK County Court, you are entitled to be paid the amount claimed EVEN if the respondent appeals the decision. The money must be paid with 20 working days of the Court decision or the claimant has the right to apply to the Court to execute the judgment. The Court has wide powers to freeze the assets of the respondent until they do pay you - including their bank accounts. This means that they cannot operate their business unless they pay you. We fully expect our members whose claims are heard in the autumn of 2016 to be paid before Christmas.

I have a claim too. I bought my Anfi floating week timeshare in 2005 for c £12,500. I paid the full purchase price within 3 months of signing the contract and I have paid on average €500 a year maintenance since 2006. My claim, which was converted to Euros when it was registered at Court in October last year is worth c €38,000 + legal interest AND I expect to receive back my legal fees when the claim is concluded.


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## Julie J (Aug 9, 2016)

Is there anyone out there?



Julie J said:


> I cannot invite you to contact me for more information or I will be in breach of the posting rules on this site - but this is information that many Spanish timeshare owners ought to know.
> 
> If you own a Spanish timeshare - i.e. the selling company is a Spanish company (whose name ends in SL) OR potentially you bought from another company but while you were on holiday in Spain (including the Canaries and Balearics) and/or you paid any part of the purchase price while in Spain OR your timeshare contract references a Spanish timeshare resort, even if you have points and have never actually visited your home resort
> 
> ...


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## tschwa2 (Aug 9, 2016)

While there are a few European owners on TUG on a regular or semi-regular basis, they are mostly happy Marriott or Hilton owners.  On the occasions when very unhappy European owners stop by there isn't a whole lot of useful specific advice so they move on.


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## Pompey Family (Aug 10, 2016)

Julie J said:


> Is there anyone out there?



I don't think there are many Anfi owners on these boards.

We're Marriott owners and are very content with our timeshares and I believe that it's the same for many of the other UK contributors here.


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## Julie J (Aug 10, 2016)

Thanks to those who have responded to my message.   I hope you carry on enjoying your Marriott and Hilton timeshares.

It's a shame there are not more Anfi or other Spanish timeshare owners on this site.  Maybe my post has added to the available information that might be of interest to them.


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## dominidude (Aug 10, 2016)

My read of the OP's comment is that it doesnt juts apply to Anfi owners, but to anyone who bought a timeshare in Spain after 5 January 1999.

That would seem to include Marriott and Hilton ownerships.


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## Julie J (Aug 10, 2016)

Yes, I does apply to anyone who bought a Spanish timeshare since 5 January 1999 - but if the timeshare owner is happy and does not want to make a claim, that's fine.  The resorts are currently honouring their illegal contracts.

I am just looking to help out those who regret their purchase or can no longer make good use of their timeshare and want out.  There is now a way out but you have to be prepared to take legal action of you want your money back.


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## Armada (Aug 21, 2016)

You might want to post this over on http://www.timesharetalk.co.uk/index.php .  They have a section specifically for Spanish timeshares.


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## Julie J (Aug 21, 2016)

Thanks for the suggestion.


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## ex Anfi (35351) C.D.N. (Sep 7, 2016)

*Anfi Del Mar*

I have registered as ex Anfi (35351) C.D.N. so as not to leave any ambiguity as to who is making these posts. 35351 was my employee number at Anfi and C.D.N. are my initials. There have been many other Court cases since this original ruling and is now JURISPRUDENCE in Spain.

There is a news article on a Court ruling in Spain which can be found in the “Canary News”  (headed “Ground-breaking” Supreme Court ruling on Timeshare in Spain. Dated 16th March 2015), and there have been many other Court cases since this original ruling which is now JURISPRUDENCE in Spain.

There are 2 websites which have many good references and if you search their NEWS items, you will find some interesting information and guides. For those not fluent in English, I would suggest you use Google Translate. The 2 websites are, Timeshare Consumer Association and TESS, Timeshare.

Due to another posting elsewhere on another Timeshare forum titled “Owner of Anfi Company jumping sinking ship” which can be found in “eldiario.es” (headed “Santana Cazorla se refugia en Marruecos” “Santana Cazorla takes refuge in Morocco”. Dated 17th August 2016).  I added a comment to that forum which read “The Captain may be jumping ship, but the same crew will continue with their waves”.

I was employed at Anfi Del Mar from Monday 28th July 2014 until Monday 7th September 2015, when I was UNFAIRLY DISMISSED.

I will be posting factual events and will be able to provide both evidence and witnesses to any Court, should Anfi Del Mar decide to seek legal recourse.

Although emails may not admissible as evidence in Spanish Courts, they are automatically timed and dated. I can type a statement at any time using the emails as contemporaneous notes.

During my time at Anfi, I was aware that an outside UK Agency had been employed by Anfi to monitor the internet for detrimental postings and comments. I am making postings on a number of websites, including the languages:
Czech, Danish, Dutch, Finnish, French, German, Icelandic, Italian, Norwegian, Polish, Portuguese, Romanian, Russian, Serbian, Slovak, Slovenian, Spanish, Swedish, Turkish and Ukrainian. 


In 1997 I discovered I was the victim of an ID Fraud which had begun in 1995. In August 2015, I saw my personal details were on display for other employees and occasionally members of the public to see. Having brought this issue to a supervisor’s attention, I received the proverbial Foxtrot Oscar.


On Thursday 3rd September 2015 I sent an email to the Sales Director with a CC copy to the Human Resources (HR) Department, pointing out a breach of the Data Protection Act (LEY Organica 15/1999, de 13 de Diciembre, de Proteccion de de Datos de Caracter Person) and a breach of the Human Rights Act  (LEY de La Comision Nacional de Los Derechos Humanos Denominacion de la Lay reformada DOF 26-11-2001).

On Monday 7th September 2015, I was dismissed for “upsetting” the Anfi Del Mar IT department.

A document dated 7th September 2015, signed by the HR Director and signed by myself on 22nd September 2015 and I quote;
“With the signature of the present agreement, the employee entirely accepts all what is stipulated in it, including the indemnification payment for the dismissal admitted as unfair by the Company that is above detailed. Therefore, the employee declares to have been paid all what is due to him, and with the receipt of the said indemnification because of unfair dismissal received by the employee as stated in the present document, the labour relationship between the parties is solved, having no right by any means to lay further claim. As well, he compromises to desist from any legal action put before the signature of the present agreement, as well as not to put any further claim later” Unquote.

The “no further claims” ONLY relates to my dismissal being unfair. There was or is not, any other agreement in force.

As from today, I will be posting on this and many other websites, various topics some of which are listed below. I will be going into more detail on each individual topic. Due to the amount of postings I will be making weekly, I will be unable to discuss the issues mentioned until all my postings are completed. I will then be happy to discuss any matters relating to the same.

I will be pointing out a number of Laws Anfi Del Mar breached or allowed their Employees to breach besides those posted here, including for example;

A) Abuse of Authority by the British Cold Line Sales Manager.
The current Employment Act in Spain is Real Decreto Legislativo 3/2015, de 23 de octubre, which came into force on 13th November 2015.

However, the Employment Law in Spain covering my time at Anfi was Law 56/2003 of 16 December, which was valid until 13th November 2015. 

B) How Anfi Del Mar are circumventing the current Timeshare laws, namely;
Spanish Timeshare Act Ley 42/1998 which came into force on the 5th January 1999, the European Union Directive 122 of 2008 which came into force on 16th March 2012.


C) A major Holiday Company/Tour Operator are also circumventing the Spanish Timeshare Act and EU Directive when providing Anfi (and other RDO/TATOC companies) with clients for presentations.

D) Threats of violence. 

E) Breaches of the Health & Safety regulations, Spain. 
Number 155 ILO Convention on the Safety and Health of workers, June 22 1981, ratified by Spain on July 26 1985.
Royal Decree 486/1997 of 14 April establishes the minimum requirements for Safety and Health at the workplace.

F) A full explanation of “The Anfi Way

There will be other topics brought to this forum. 

If this posting is removed, there are many other websites I am posting on and I am sure those sites will want to inform their members and Timeshare owners in general.


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## DeniseM (Sep 7, 2016)

ex Anfi (35351) C.D.N. said:


> There will be other topics brought to this forum.
> 
> If this posting is removed, there are many other websites I am posting on and I am sure those sites will want to inform their members and Timeshare owners in general.



I'm not sure where you are going with this.  This is a US website, and I don't know of anyone who owns in Spain.

Please be aware that soliciting is not permitted on TUG.


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## SmithOp (Sep 7, 2016)

I find it interesting he had no problem "breaching various laws" while employed, it only became an issue when he was "unjustly terminated".


Sent from my iPad Mini 4 using Tapatalk


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## tedk (Sep 8, 2016)

I live in the UK so i am not sure what Denise M means this is a US website, were alright over here. We got conned ripped off, or what ever term you would use in America by a developer in Lanzarote. The only thing is this court case came too late to help us. We should be grateful if someone like Julie J is trying to help others, instead of saying no soliciting is allowed.


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## DeniseM (Sep 8, 2016)

Ted - First of all, TUG *is* located in the US - nothing insulting about that - my point is that we have very few members who own in Spain.

Secondly - I'm guessing that you didn't read her "offer" very carefully - she soliciting clients for a fee:



> We identified a Spanish law firm, recommended to me by a former professional colleague, whose senior partner is registered as a European lawyer with the UK SRA and who employs native English speaking staff, who could support our members. That law firm is now expanding its timeshare claims practice beyond Anfi UK members to include owners at other Spanish timeshare resorts. They provide FREE NO OBLIGATION timeshare contract assessments, an opinion on your chances of making a successful claim, a valuation of your claim and a fixed fee quote. *NO PAYMENT until you make the decision to go ahead*.



This is *not* a non-profit charitable organization - it's a law firm, soliciting clients, for a fee.


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## tedk (Sep 9, 2016)

My apologies Denise M , maybe i should start reading all of the post instead of skimming through.
Ted


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## CORK2 (Nov 20, 2016)

Julie J said:


> Yes, I does apply to anyone who bought a Spanish timeshare since 5 January 1999 - but if the timeshare owner is happy and does not want to make a claim, that's fine.  The resorts are currently honouring their illegal contracts.
> 
> I am just looking to help out those who regret their purchase or can no longer make good use of their timeshare and want out.  There is now a way out but you have to be prepared to take legal action of you want your money back.


Thanks for your concise summary go the Laws . Am medium ( !) happy with my 3 weeks at Marriott in Marbella     regards to all   Garry


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## fayhaff (Dec 24, 2016)

Julie, thanks for your post. We own a fixed May week at 3 bed villa with private pool at Heritage, Marbesa Club and want to get out of it as maintenance fees keep rising. We have a perpetuity contract but bought cheaply in 1995 from friends for I think around £1,500. Am I correct that we wouldn't be eligible because we purchased before 1999?  We have had good value out of exchanging, usually with RCI but banked with DAE for 2017 and got a bonus week. Heritage say they don't buy back and told us we have to use Travel and Leisure Group as their resale agents in UK - who will register it for free but charge to advertise....
Thanks, Fay


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## Julie J (Dec 26, 2016)

Hi Fay  Unfortunately the relevant Spanish timeshare law only applies to contracts bought directly from the timeshare operators and only came into effect in 1999.  So, if you bought from someone else before that date,  your contract would have to be challenged on a completely different legal basis, if possible, and it could be extremely difficult to pursue a claim.  If you are concerned about rising maintenance fees and the potential risks of passing on obligations to your children, or whoever inherits your estate in due course, your options are sell it, give it away or hand it back to the timeshare operator, if they will take it, in return for being released fro your future obligations.  You need to consider the value you have had out of it for 20+ years and what it is worth to you now.  I have never had dealings with TLG so I cannot comment on their service or charges but I do recognise their name as one of the leading companies in timeshare resales.  Good luck with whatever you decide to do with it.  Julie


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## Igor (Mar 24, 2017)

I signed a timeshare contract at the 2015th year. I want to dissolve It. Contractor has not informed me about the cooling-off period. But it's 2017 now and any cooling-off period is finished. How can I to dissolve the contract and to retrieve back a part of paid money for the contract?
The contract is from 2015 to 2016 years. Also the money paid at the moment of signing the contract.


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