Can resale owners use the Anfi Vacation Club?

Started by jcorrea-lawyer, May 06, 2013, 18:48:32

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jcorrea-lawyer

I have recently received a query about the use of the Anfi Vacation Club (AVC) by resale owners (see below). To my surprise, after reading carefully the Terms and Conditions of AVC, I noticed  that AVC reserves the right to enroll new members or renew the old ones (point 3.3) and continues to say (points 7.6 and 9) that upon transfers of Memberships the affiliation expires and that cannot be sold, assign, transfer or dispose. So it could be that "second" buyers can be banned from entering the AVC. Is this legal or an abuse? this is something to further study, but it is what their documents say and something that probably many people interested in buying in Anfi doesn't know, and so then Anfi can press them to buy an extra week to have access to the AVC, so they finally make their business, a new sale.

Content of the email received:
"We have just returned from Anfi. We own a super red floating at Monte, bought from a resale company in 2006. Up until recently we have had no problem booking the week near Easter we wanted. Last year was the first year that we had to travel a week later. We always book onsite in customer services just before we leave Anfi.

This year we had the usual visit from a rep. We were informed by one of the managers that being resale we would not get any other weeks except for the quiet periods in May and June and that we would have to book by email as customer services would not converse with us in person anymore. We went to customer services and found that the manager was correct. The receptionist gave us a request form to fill out for the week we desired, (it had space for 4 alternative dates on it, not a promising sign!) We were informed that they could not discuss a booking with us and that we would be informed by email in the coming weeks. They would not look up availability.

This made us somewhat anxious as due to working in a school I have to be able to use Anfi in the school holidays, something that seemed to be unlikely as a resale owner to be available to us. To make this tale brief! We have joined the vacation club by buying a floating one bed week at Beach for £10,000, Anfi has made our other week live and we have been booked in the week we wanted there and then.

Has anybody any advice for us before the cooling off period ends. The rep and manager seemed keen to help and genuine. There was talk of them buying our week back from us. We cannot see any downside to this. Has anyone else had a similar experience or any information regarding this situation they could share with us?"

Have you had any similar experience? what did Anfi tell you?
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

jcorrea-lawyer

Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

Calvin

In short the answer is NO
ANFI are penalising resale owners by not allowing them access to the full facilities.

Resale owners are NOT allowed to be members of the AVC

Carolinian

This snotty behavior by the developer at Anfi is something that gives timesharing a bad name.  There is no legitimate reason for them to set up their rules to screw their owners like this.  One thing it does it devalue Anfi weeks for resale as who would want to buy under those conditions?

I wonder if there is a conflict between these new rules and the terms of what Anfi originally sold, and if so if Anfi could be taken to court on that.  If so, they should be since what Anfi is doing is immoral and unethical.

I understand Anfi also pulls the same despicable stunt as Silverpoint in trying to make it difficult for members to use independent exchange companies.
 

Calvin

Quote from: Carolinian on May 06, 2013, 21:47:52
This snotty behavior by the developer at Anfi is something that gives timesharing a bad name.  There is no legitimate reason for them to set up their rules to screw their owners like this.  One thing it does it devalue Anfi weeks for resale as who would want to buy under those conditions?

I wonder if there is a conflict between these new rules and the terms of what Anfi originally sold, and if so if Anfi could be taken to court on that.  If so, they should be since what Anfi is doing is immoral and unethical.

I understand Anfi also pulls the same despicable stunt as Silverpoint in trying to make it difficult for members to use independent exchange companies.


Anfi are breaking the original contracts as these state that owners can sell on what they originally bought. However, Anfi step in a prevent this by putting any restrictions they can think of to try to get owners to buy more just to get into the AVC.
My personal opinion is  "Don't buy at ANFI now" >:(

charlie1

This looks like something that Alberto of mindtimeshare to investigate as they are not RDO or TATOC members report this to them on http://www.mindtimeshare.com/cold-caller-list.htm
Timeshare Weekly is an Independent website working with those who share similar ideals. We are here to guide the consumer make the very best of timeshare. We encourage positive change and solutions. Your either living in the problem or your living in the solution. Contact graham@timeshareweekly.com

jcorrea-lawyer

Perhaps this issue could bring grounds for legal challenge, declaring those clauses null and void. Membership to AVC is part of the selling package. It is included as part of the  Terms and Conditions in each contract (see clause 12), those same Terms that allow owners to sell their rights (see clause 19). But if Anfi does not allow resale owners to became members, then Anfi is devaluing my contract. Nothing has been included nor in the Terms & Conditions, nor in the AVC enrollment form about this restriction.  There is a clear discrimination and this is based on undisclosed grounds, which make you think that they are there just for Anfi's own benefit. This should therefore receive judicial sanction.
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

charlie1

This just seems to make common sense. I cannot see how a legal challenge would not be successful

I am aware that there are some Anfi Groups representing owners this is something they should consider as a group to challenge and share the cost.

Quote from: jcorrea-lawyer on May 08, 2013, 11:23:10
Perhaps this issue could bring grounds for legal challenge, declaring those clauses null and void. Membership to AVC is part of the selling package. It is included as part of the  Terms and Conditions in each contract (see clause 12), those same Terms that allow owners to sell their rights (see clause 19). But if Anfi does not allow resale owners to became members, then Anfi is devaluing my contract. Nothing has been included nor in the Terms & Conditions, nor in the AVC enrollment form about this restriction.  There is a clear discrimination and this is based on undisclosed grounds, which make you think that they are there just for Anfi's own benefit. This should therefore receive judicial sanction.
Timeshare Weekly is an Independent website working with those who share similar ideals. We are here to guide the consumer make the very best of timeshare. We encourage positive change and solutions. Your either living in the problem or your living in the solution. Contact graham@timeshareweekly.com

Norm de Plume

Would appear to be a clear breach of contract by Anfi, but what  is the appropriate jurisdiction on the contract?
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jcorrea-lawyer

Quote from: Norm de Plume on May 08, 2013, 14:01:12
Would appear to be a clear breach of contract by Anfi, but what  is the appropriate jurisdiction on the contract?


Courts and Tribunals of San Bartolomé de Tirajana, Gran Canaria. The law that governs these contracts is the Spanish law, so the Courts must be the Spanish courts. Having Anfi its domicile in Mogán, the Courts are those from Playa del Inglés-Maspalomas or San Bartolomé de Tirajana.

Charlie1 a group action may be possible as many owners share the same cause of action: declaration of nullity of the said clauses. Nevertheless which is of foremost importance is to be able to prove what what is claimed, the discriminatory treatment, and as communications are usually by phone Anfi may say it is not true...
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

andre

If you google Ebay Resales-all-changing-in-Anfi, you will find a supposed eBay guide to buying a resale at Anfi. The guide states that resale owners will find it difficult to book at anfi as priority is being given to AVC members.

That eBay 'guide' was posted by one of Anfi's sales managers a guy called Stan.

jcorrea-lawyer

I would be very much interested to know on which grounds does Anfi behaves in this way. Why, if they allow selling the week, are resale owners of worse right that first owners who buy from them? I understand the true reason behind it and I think nobody has doubts on why, but I think this is a clearly discriminatory system. A client who is currently staying at Anfi these days contacted and asked me about this, I have recommended him to go and require Anfi to hand him over the new regulations that set up this new system. At the same time I has adviced him to ask for the "Complaint form to Costumers" and fill it so a claim about all this is already in a public registry. Let's see what happens next..
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

Spyke

We purchased a resale in 2005 at Gran Anfi. Since then we always booked a week during August without problem, until last year.
Because of lack ofavailability we didn't go at all last year.
This year we managed a week in May but could not get a week that coincided with the school holidays.
Next year we wish to book August 2 for a week. I called their customer service on Saturday and the first question they asked was are you an AVC member, when I replied no they said I must ring back today (5th August). When I asked I was advised that they opened at 8 a.m.
When I called at 8 I was once again asked if I was an AVC member, when I said no they said they did not open till 9 o'clock.
When I called back at 9 I was told (after a few minutes) that their was no availability on the 2nd, 3rd, or 4th.

When I asked why it used to be so easy to book a week in August, it was now impossible to get one. The reply I received was that AVC member now own big blocks of weeks in August.

When I asked how I could become a member of AVC they said I would either need to upgrade or buy another week. Either way this involves considerable outlay on my part.
It seems to me that Anfi take great exception to people who did not buy from them and are trying to force them to either, sell the unit back to them or make an additional purchase at considerable expense.
Whilst I am no lawyer I cannot see anything in my agreement that states that AVC members get priority on booking.

Any futher info and or advice would be greatly appreciated.

jcorrea-lawyer

You, as well as many others, are suffering from a clear discriminatory treatment. If you hold a Member Certificate issued by the relevant authorized body, I cannot see why you should not be able to access to the AVC. Memberships are memberships, and if you treat equal members in a different way that is called discrimination.

The reason behind it is obvious: the resale market goes against Anfi's sales. Who in his/her right mind would buy a timeshare week for 20.000 pounds when you can find it for 2.000 in the resale market? And don't forget that the weeks are exactly the same, not that Anfi sells brand new weeks and the resale market sells second hand. They are exactly the same product. Wordless.

I have heard that various Anfi Members Clubs in Europe (in Germany, Benelux and even in the UK) are planning to take action against these practices, perhaps you can contact them and see how this progress.
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

Spyke

Thank you so much for your reply, I will try to contact other members to see if we can move this forward, any further communication I receive from Anfi I will post on here. Thanks again.

charlie1

I would email www.anficlubgb.com and see what there thoughts are.

It amazes me how short sighted some Developers are. This is another example of a false economy that will only have a short term effect when they try to protect their new sales. This is only building up resentment towards Anfi. All members should be equal sounds like a sequel to the book Animal farm.

This again is a business decision by a Developer to try to protect their new sales and has nothing what so ever to do with what's right for the consumer.

They and other Developers created the secondary market by not supporting members if they required to sell on their weeks. They ignored those members and so the Resale Market was born. So Anfi is trying to protect its new sales by creating a disadvantage to those buying through a Resale Company or buying privately.

Anfi have already received full payment from the Resale week originally some where down the line.

If anyone had a real brain as a Developer with a selling operation they would come up with their own Resales programs to assist their own members. Where talking a real sales program not a lip service. That's what's needed and has been discussed on past threads and can be done.

Create value in Anfi ownership. Because all your doing by ignoring the real problem by not supporting members with selling on there Anfi weeks is devaluing your stock.

It may not be tomorrow but the Internet will slowly start to educate the timeshare owners to identify Developers who don't work back from the consumers needs first. They will eventually find themselves isolated and be known as the dinosaurs of the Industry as new timeshare owners will embrace those companies who evolve with the 21st century.


Quote from: Spyke on August 06, 2013, 21:52:00
Thank you so much for your reply, I will try to contact other members to see if we can move this forward, any further communication I receive from Anfi I will post on here. Thanks again.

[/quote]
Timeshare Weekly is an Independent website working with those who share similar ideals. We are here to guide the consumer make the very best of timeshare. We encourage positive change and solutions. Your either living in the problem or your living in the solution. Contact graham@timeshareweekly.com

Spyke

Just had an interesting conversation with Anfi when trying to book a week this time next year. As you would have guessed they are fully booked. The gentleman in the Customer Service Department advised me that people with certain contracts are allowed to book 18 months in advance. If I want to take advantage of this, I need to talk to one of the sales team during my next visit.

No doubt they will try and relieve me of sums in excess of 10k. This is now getting beyond a joke. >:(

Calvin

This system has been available for a few years now.
Anfi want to control all sales so give 'perks' to those who buy direct from them. However, even that is not 100% guaranteed as people with older contracts as asked to upgrade before they can take advantage of the system. Again more money to the Anfi coffers for very little return

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