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

The Anfi Way (Part 3 of 7)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION (Continued)

(5) The different contracts covered by this Directive should be clearly defined in such a way as to preclude circumvention of its provisions.

(9) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (Unfair Commercial Practices Directive) (5) prohibits misleading, aggressive and other unfair commercial business-to-consumer practices. Given the nature of the products and the commercial practices related to timeshares, long-term holiday products, resale and exchange, it is appropriate to adopt more detailed and specific provisions regarding information requirements and sales events. The commercial purpose of invitations to sales events should be made clear to consumers. The provisions concerning pre-contractual information and the contract should be clarified and updated. In order to give consumers the possibility to acquaint themselves with the information before the conclusion of the contract, it should be provided by means which are easily accessible to them at that time.

(12) Consumers should have effective remedies in the event that traders do not comply with the provisions regarding pre-contractual information or the contract, in particular those laying down that the contract should include all the information required and that the consumer should receive a copy of the contract at the time of its conclusion. In addition to the remedies existing under national law, consumers should benefit from an extended withdrawal period where information has not been provided by traders. The exercise of the right of withdrawal should remain free of charge during that extended period regardless of what services consumers may have enjoyed. The expiration of the withdrawal period does not preclude consumers from seeking remedies in accordance with national law for breaches of the information requirements.

(14) The prohibition on advance payments to traders or any third party before the end of the withdrawal period should be clarified in order to improve consumer protection. For resale contracts, the prohibition of advance payment should apply until the actual sale takes place or the resale contract is terminated, but Member States should remain free to regulate the possibility and modalities of final payments to intermediaries where resale contracts are terminated.

(16) In the event of a consumer withdrawing from a contract where the price is entirely or partly covered by credit granted to the consumer by the trader or by a third party on the basis of an arrangement between that third party and the trader, the credit agreement should be terminated at no cost to the consumer. The same should apply to contracts for other related services provided by the trader or by a third party on the basis of an arrangement between that third party and the trader.

**********************************************************The Anfi Way*************************************************************

When guests bought a Timeshare, Anfi would usually move the guests on to the resort of Anfi Del Mar and charge the guests for doing so. This charge was then deducted from the purchase price of the Timeshare, and was charged on a separate invoice. The guests were told if they continued with the purchase after the withdrawal date, “their stay at Anfi was in effect free”. This was the Anfi way of taking a deposit.

The wording in section (12) clearly states ‘The exercise of the right of withdrawal should remain free of charge during that extended period regardless of what services consumers may have enjoyed.

*******In other words, when people did cancel the Timeshare, people who paid money for the moving into Anfi, should have been refunded.******

Having researched Timeshare Talk, I have read where Crown Resorts (Part of Diversified Resorts) have taken money on the day from their buyers. The monies taken has been for a separate package, but part of the purchase of a Timeshare. Crown Resorts (Members of TATOC) would in my humble opinion, also be breaching the 2 laws covering Timeshare in Spain.

************************************************************************************************************** (19) In order to ensure that the protection afforded to consumers under this Directive is fully effective, in particular as regards compliance by traders with the information requirements both at the pre-contractual stage and in the contract, it is necessary that the Member States lay down effective, proportionate and dissuasive penalties for infringements of this Directive.

Article 2 Definitions

1. For the purposes of this Directive, the following definitions shall apply: (a) ‘timeshare contract’ means a contract of a duration of more than one year under which a consumer, for consideration, acquires the right to use one or more overnight accommodation for more than one period of occupation; (b) ‘long-term holiday product contract’ means a contract of a duration of more than one year under which a consumer, for consideration, acquires primarily the right to obtain discounts or other benefits in respect of accommodation, in isolation or together with travel or other services;

Article 3 Advertising

1). Member States shall ensure that any advertising specifies the possibility of obtaining the information referred to in Article 4(1) and indicates where it can be obtained. 2). Where a timeshare, long-term holiday product, resale or exchange contract is to be offered to a consumer in person at a promotion or sales event, the trader shall clearly indicate in the invitation the commercial purpose and the nature of the event.(Thomas Cook Representatives, VPR’s & OPC’s ) 3). The information referred to in Article 4(1) shall be available to the consumer at any time during the event. 4). A timeshare or a long-term holiday product shall not be marketed or sold as an investment.

Article 5 4). Before the conclusion of the contract, the trader shall explicitly draw the consumer’s attention to the existence of the right of withdrawal, the length of the withdrawal period referred to in Article 6, and the ban on advance payments during the withdrawal period referred to in Article 9. The corresponding contractual clauses shall be signed separately by the consumer. The contract shall include a separate standard withdrawal form, as set out in Annex V, intended to facilitate the exercise of the right of withdrawal in accordance with Article 6.

Article 6 In addition, Member States shall provide for appropriate penalties in accordance with Article 15, in particular in the event that, on expiry of the withdrawal period, the trader has failed to comply with the information requirements set out in this Directive.

Article 8 Effects of exercising the right of withdrawal 1). The exercise of the right of withdrawal by the consumer terminates the obligation of the parties to perform the contract. 2). Where the consumer exercises the right of withdrawal, the consumer shall neither bear any cost nor be liable for any value corresponding to the service which may have been performed before withdrawal.

Article 9 Advance payment

1). Member States shall ensure that in relation to timeshare, long-term holiday product and exchange contracts any advance payment, provision of guarantees, reservation of money on accounts, explicit acknowledgement of debt or any other consideration to the trader or to any third party by the consumer before the end of the withdrawal period according to Article 6, is prohibited.

Real Decreto-ley 8/2012, de 16 de Marzo. (Continued)

Article 2. Contract from timeshare timeshare.

Means use contract by turn of timeshare that lasting more than one year under which a consumer acquires for consideration, the right to use one or more accommodation for the night during more than one period of occupation.

Article 3. Long-term holiday product contract.

It means holiday product contract long one lasting more than one year by which a consumer acquires, for pecuniary, essentially the right to obtain discounts or other benefits on accommodation, in isolation or in combination with travel or other services.

Article 4. Calculation of the duration of contracts.

To calculate the duration of the contracts defined in articles 2 and 3 will take into consideration any provision of the agreement that allows the renewal or tacit extension. *************************************(Covered earlier in this thread. Refers to the Trial Membership)*************************

CHAPTER II Advertising and pre-contractual information

Article 7. Advertising.

1) displayed in establishments open to the public, as well as communications ads and offers commercial and other advertising on contracts for acquisition of rights of timeshare property timeshare or longterm holiday products, or resale or Exchangemust include where you can get the precontractual information provided for in this Royal Decree-law.

2) any invitation to any promotional event or sale that is offered to a consumer directly any of contracts governed in this Royal Decree, must clearly indicate the commercial purpose and the nature of the Act. **********************************************(Covered earlier in this thread)***************************************

The pre-contractual information provided for in this Royal Decree-Law will be available to the consumer at any time during the promotional event.

3). a right of timeshare property timeshare or a long-term holiday product may not be marketed or sold as an investment. Article 10. Warning about the right of withdrawal and prohibition of payment of advances.

Before the conclusion of the contract, as provided in the preceding article, the entrepreneur will explicitly in consumer knowledge the existence of the right of withdrawal and the length of the period to exercise it, as well as the prohibition of payment of advances during this period, as referred to in article 13.

CHAPTER III Conclusion of the contract

4) contractual clauses concerning the right of withdrawal and the prohibition of payment of advances shall be signed separately by the consumer.

CHAPTER IV Right of withdrawal, prohibition of advance payments, rentals of long duration andaccessories contracts

6). the consumer who exercises the right of withdrawal does not bear any cost or will have to pay any consideration for the service that could have been carried out prior to the date of the exercise of withdrawal.

Article 13. Prohibition on the payment of advances.

1) of timeshare timeshare contracts, Exchange and long-term holiday product prohibits the payment of advances, the Constitution of guarantees, reservation of money on accounts, the express acknowledgement of debt or any consideration in favour of the employer or of a third party and in charge of the consumer, before the end of the period of withdrawal. 3) acts against this ban are null void and the consumer can claim the double of the quantities delivered or guaranteed by such concepts.

Article 14. Specific provisions for contracts for long-term holiday products.

1). the payment of the price in contracts for long-term holiday products shall be carried out in accordance with a phased plan. It is forbidden to the price specified in the contract to be paid in advance or in any manner that is not in accordance with the staggered payment plan.

Article 15. Ineffectiveness of accessories contracts.

Accessory contract means any contract under which the consumer acquires services related to one of the contracts listed in the previous paragraph, when such services are provided by the employer or a third party as agreed between it and the entrepreneur.

******************************************(Moving people into Anfi and putting those costs on a separate invoice)********************************