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  #11  
Old 26th October 2016, 02:19 PM
ex Anfi (35351) C.D.N. ex Anfi (35351) C.D.N. is offline
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Default Re: Yet another Timeshare twist/scam?

The Anfi Way (part 4 of 7)

EU Directive 122, (16/03/2012) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION (Continued)

Article 10

Specific provisions relating to long-term holiday product contracts
1). For long-term holiday product contracts, payment shall be made according to a staggered payment schedule. Any payment of the price specified in the contract otherwise than in accordance with the staggered payment schedule shall be prohibited. The payments, including any membership fee, shall be divided into yearly instalments, each of which shall be of equal value. The trader shall send a written request for payment, on paper or on another durable medium, at least fourteen calendar days in advance of each due date.

2). From the second instalment payment on wards, the consumer may terminate the contract without incurring any penalty by giving notice to the trader within fourteen calendar days of receiving the request for payment of each instalment. This right shall not affect rights to terminate the contract under existing national legislation.

Article 11

Termination of ancillary contracts

1). Member States shall ensure that, where the consumer exercises the right to withdraw from the timeshare or long-term holiday product contract, any exchange contract ancillary to it or any other ancillary contract is automatically terminated, at no cost to the consumer.

2). Without prejudice to Article 15 of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers (10), where the price is fully or partly covered by a credit granted to the consumer by the trader, or by a third party on the basis of an arrangement between the third party and the trader, the credit agreement shall be terminated, at no cost to the consumer, where the consumer exercises the right to withdraw from the timeshare, long-term holiday product, resale or exchange contract.

3). The Member States shall lay down detailed rules on the termination of such contracts.

Article 12

Imperative nature of the Directive and application in international cases

1). Member States shall ensure that, where the law applicable to the contract is the law of a Member State, consumers may not waive the rights conferred on them by this Directive.

Article 14

Consumer information and out-of-court redress

1). Member States shall take appropriate measures to inform consumers of the national law transposing this Directive and shall encourage, where appropriate, traders and code owners to inform consumers of their codes of conduct.

The Commission shall encourage the drawing up at Community level, particularly by professional bodies, organisations and associations, of codes of conduct aimed at facilitating the implementation of this Directive, in conformity with Community law. It shall also encourage traders and their branch organisations to inform consumers of any such codes, including, where appropriate, by means of a specific marking.

************************************************** ************************************************** *************************

The 2 laws governing Timeshare in Spain are quite specific and have been in existence now for 4 years and 7 months.

I will quote from the TATOC website where they proclaim on their ‘Home’ page, to be ‘recognised as the authoritative voice of timeshare owners’.

From the TATOC ‘Home’ page.

TATOC’s mission is “To safeguard and enhance the timeshare holiday experience for existing and prospective users and to be the voice of owners”

From the TATOC ‘About’ page.

Serving individual timeshare owners, owner committees, resorts, and reputable timeshare companies TATOC has developed into a significant force within the European timeshare industry.

Why don’t TATOC ensure their RESORT members are abiding by the relevant laws in their daily activities when selling Timeshare?
I ask this because of « Reply #8 on: October 21, 2016, 13:14:24 » of this thread where I make a reference to Crown Resorts, and other issues I have researched on this and other websites.

************************************************** ************************************************** *********************************

Article 15

Penalties
1). Member States shall provide for appropriate penalties in the event of a trader’s failure to comply with the national provisions adopted pursuant to this Directive.

2). Those penalties shall be effective, proportionate and dissuasive.





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


CHAPTER V

Legal regime

Article 16. Mandatory.

1). consumers may not waive the rights that are recognized in this Royal Decree-law.

2). the waiver of the rights recognized by this Royal Decree-law to consumers is zero, being likewise null the acts performed on fraud law, in accordance with provisions of article 6 of the Civil Code.

Article 19. Codes of conduct.

1). in contracts for Timeshare, acquisition of holiday products long-lasting, resale and Exchange, employers inform consumers that contracted code of conduct that had signed to facilitate the exercise of their rights.

2). professional associations of employers encourage their associates to promote codes of conduct and shall inform them to consumers who request it. (Again, is this what TATOC should be enforcing their members to do?)



CHAPTER VII
Tutela judicial and administrative

Article 22. Sanctioning regime.

Non-compliance by the companies of the provisions of this title shall be sanctioned as violation of consumer, applying you provisions of the general penalties provided for in title IV of book 1 of the revised text of the law for the defence of consumers and users and other complementary laws and regional regulations resulting from application.

Shall be deemed serious infringement which, once expired the withdrawal, the employer has not fulfilled the information requirements in the present Royal Decree, maybe, in your case, considered to be very serious, according to the criteria provided for in article 50 of the above-mentioned consolidated text.

TITLE II
Special rules on timeshare property timeshare

CHAPTER I
General provisions

Article 23. Target field.

1) is this title object the regulation of the Constitution, exercise, transmission and extinction of the right of timeshare real estate.

The right of timeshare properties attributed to its holder the Faculty enjoy, with character exclusive for a specific period each year, consecutive or alternate, accommodation capable of independent use by having output itself to the public highway or a common element of the building which were integrated and is equipped with permanently with the furniture suitable for the purpose, as well as the right to the provision of complementary services. The Faculty of enjoyment does not include accommodation or your furniture alterations. The timeshare right may be constituted as a real right to limited or on a obligacional basis, in accordance with the provisions of this article.

************************************************** ************************************************** *********************
This means a Fixed week in a Fixed Apartment. Floating weeks are NOT LEGAL. ‘Pure’ Points are also NOT LEGAL. The meaning of ‘Pure’ Points, is points sold by a company where there is not a ‘Fixed’ Week or ‘Fixed’ Apartment ‘attached’ to the points stated in the contract.

************************************************** ************************************************** ***************************
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  #12  
Old 3rd November 2016, 01:38 PM
ex Anfi (35351) C.D.N. ex Anfi (35351) C.D.N. is offline
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Default Re: Yet another Timeshare twist/scam?

The Anfi Way, maybe not? (part 5 of 7)

EU Directive 122, (16/03/2012) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION (Continued)

EUROPEAN COMMISSION Brussels, 16.12.2015 COM (2015) 644 final

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
Report on the evaluation of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts.




ENFORCEMENT OF THE DIRECTIVE
Enforcement issues by country of the consumer and trader

Around half of all complaints between 2007 and 2013 concerning timeshare and related products, registered by the ECC-Net database, were made by UK consumers. The overwhelming majority of consumer complaints registered by ECC-Net were lodged against traders based in Spain.

Available penalties

Enforcement procedures and penalties vary considerably from one Member State to another. Member States have discretion in how to comply with the Timeshare Directive with regard to providing effective enforcement means and imposing effective, proportionate and dissuasive penalties to ensure compliance with its provisions by traders.

Penalties available to enforcement authorities in case of breaches of the Directive vary significantly among the Member States — from administrative fines of EUR 1 500 to fines in excess of EUR 100 000, or fines based on the annual turnover of the trader, e.g. up to 10 %.

Police investigation and criminal prosecution

In view of the high number of consumer complaints registered by various organisations, the penalties foreseen by national consumer laws do not appear to be efficient enough to discourage fraudulent traders. There is no EU-wide definition of "fraud" as a criminal offence; however, that does not seem to be a problem, as all Member States, under certain circumstances, qualify fraud as a criminal offence in their criminal law; this offence typically covers practices that have the objective of intentionally deceiving consumers and extorting money from them with no intention of providing the service, or providing the product with the characteristics that was promised. There is thus no indication of a need for an EU-wide definition of fraud, but rather there is a need for a more ambitious application of criminal law in that area. Member States therefore should be encouraged to take a more active approach regarding the investigation and prosecution of fraudulent practices.

In some Member States, investigating and prosecuting fraudulent traders involved in consumer scams does not seem to be a priority. When assessing the seriousness of such conduct the whole extent of the crime (including money laundering) and the possible involvement of criminal organizations should also be taken into account.

Consumer associations and business associations have been very active in assisting law enforcement authorities in investigating and prosecuting fraudulent conduct committed by companies. As a result of such assistance, some important criminal cases against fraudulent traders could be successfully launched.

The cross-border dimension of such fraudulent practices and the effectiveness of the measures taken by law enforcement authorities (police, prosecution services, courts) strongly depend on the successful functioning of the established criminal law cooperation between the competent authorities of Member States. Existing EU instruments for cooperation in criminal matters provide a comprehensive legal framework for this purpose. The Directive 2014/41/EU regarding the European Investigation Order in criminal matters will make it easier for judicial authorities to collect evidence from another EU Member State during any investigation. The investigative measures covered by this Directive include, for example, interviewing witnesses, obtaining information or evidence already in the possession of the executing authority, and (with additional safeguards) interception of telecommunications and information on — and monitoring of — bank accounts. As regards the prosecution stage, the European Arrest Warrant (established by Council Framework Decision 2002/584/JHA ) is a very effective tool for seeking the arrest and subsequent surrender of a requested person for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.

Credit or debit card chargeback as remedy

Chargeback possibilities offered by providers of payment means have been identified as one of the most effective short-term ways of obtaining redress when the Timeshare Directive 2008/122/EC has been breached. It is a process that allows consumers to ask their credit or debit card provider to reverse a card transaction if there is a problem with the good or service purchased, especially if an illegal activity can be proven. Study has shown that it has been successfully used to ensure redress for consumers who were asked to make an advance payment and subsequently were refused to exercise their right of withdrawal. Directive 2007/64/EC on payment services in the internal market (PSD) and Directive 2008/48/EC on credit agreements for consumers (CCD) form the main legal bases of requesting a chargeback. With regard to chargeback for the non-conformity of goods or services, Article 15 59 of Directive 2008/48/EC applies, which covers credit card chargeback. Purchases where debit cards are used can, nevertheless, be covered by national law or by the operating rules of card companies. National consumer protection authorities and European Consumer Centres should, where appropriate, systematically advise consumers to ask banks for a chargeback, and as swiftly as possible since deadlines may apply.




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

2). the timeshare regime can only fall on a building, property set, or sector of them architecturally distinct. All independent units that comprise it, excepting the necessary premises, must be subject to that regime. It will be necessary that the set has at least ten accommodations. He is allowed, however, that a same set of real estate is subject, at the time, a regime of rights of use per shift and to another type of tourist exploitation, provided that rights of timeshare borne of specific accommodations forperiods of time.
****************FIXED WEEK in a FIXED APARTMENT, *****************

3). the annual period of use may not be never less than seven days in a row and, within a same regime shifts may have the same duration. Shall, in addition, be reservedfor repairs, cleaning or other common purposes a period of time which may not be less than seven days for each of the accommodations subject to the regime.

4). the actual timeshare right may not in any case linked to an undivided share of the property, nor referred to timeshare, or in any other manner containing the word property.

For the purposes of advertising, marketing and transmission of the right of timeshare real estate, any other denomination may be used provided that you do not induce to confusion to the acquiring end and it falls off with clarity the nature, characteristics and legal and economic conditions of the right to enjoy.

6) contracts for lease of real estate rentals per season, which relate to more than one of them, anticipate or not corresponding to some or all seasons contracted rents, and any other contractual arrangements for more than a year, without setting up a real right relating to the use of one or more accommodations for overnight during more than one period of occupation they will be subject to the provisions of this title, without prejudice to the stipulated in the law 29/1994 of 24 November, tenancies, and general consumer protection legislation. Either you can be called timeshare or in any other manner containing the word property.

7). the contract by virtue of which constitute or convey any other rights, real or personal, for a time exceeding one year and concerning the use of one or more properties for a determined or determinable period a year, aside from this title, and with the sole exception of the provisions of the following paragraph, shall be null , and you must be returned to the purchaser or assignee any rents or satisfied considerations,as well as compensation for damages suffered.

. the provisions of this title is not obstacle to the validity of any other contractual mode of Constitution of right of a personal nature or associative type, which aims at the use of one or more accommodation for the night during more than one periodof occupation, constituted under cover and on the terms contained in the rules of the European Union in particular, Regulation (EC) No. 593/2008, of the European Parliament and of the Council of 17 June 2008 on law applicable to contractual obligations (Rome I) and of the international conventions to which Spain is a party. To all these contractual arrangements shall apply the provisions of title I of this Royal Decree.

Article 24. Duration.

1). the duration of the regime will be more than one year and shall not exceed fifty years, counting from the registration of the same or the registration of the completion of the work when the regime has been constituted on a building under construction.
***********2 and a half years comes between more than 1 year and 50 years*******
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  #13  
Old 3rd November 2016, 01:40 PM
ex Anfi (35351) C.D.N. ex Anfi (35351) C.D.N. is offline
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Default Re: Yet another Timeshare twist/scam?

CHAPTER II
Legal regime

Section 1 Constitution

Article 25. Constitution of the regime.

Service companies may not be domiciled in tax havens and will have to be, at least,a branch established in a Member State of the European Union.

Article 26. Regulatory writing.

1). the regulatory public deed of the timeshare regime must be expressed, at least the following circumstances:

1 the description of the farm on which constitutes exploitation regime shift and of the building or buildings that exist, with review of common services to the holders of the exploitations are entitled. If the construction is only begun, indicate the date limit for the completion of the same.

2nd the description of each of the accommodations that integrate each building, which will be a correlative with reference to the estate. If the property is earmarked tourist exploitation at the time that is on it a regime of exploitation by shift, will be determined what accommodations are likely to be encumbered with rights of use pershift and for what periods a year.

3rd in each accommodation designed to use shift will express the number, duration,indicating the day and start time and end, the quota corresponding to each shift with regard to accommodation, if previously constituted the horizontal division, or in relation to the total of the property, if it is not, furniture that is intended, as well as its value , and day of the year not configured as shifts of exploitation being reserved,in that housing, repairs and maintenance. It is given to each use also a correlative number on each accommodation.

4th reference to services that have been provided and which are inherent in the rights of timeshare, expressing that they are assumed directly by the owner or by a service company.

5th the statutes that undergoes the exploitation regime shift, if they had established. Of them may not be for rights holders any obligation or limitation contrary to the provisions of this title.

6th the tourist of the property registry, cadastral, town planning and, where appropriate, situation. You will accompany graphic and descriptive cadastral certification of the property, as well as the level of distribution of the different accommodation options in the respective plant.

7 remuneration of services and, where applicable, the costs of community.

8th duration of the regime.

2) in addition shall incorporate writing, original or notary public testimony, the contract concluded with the company's services and the insurance contracts referred to in article 28. An authenticated copy of these for your file must accompany registration.
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  #14  
Old 10th November 2016, 01:44 PM
ex Anfi (35351) C.D.N. ex Anfi (35351) C.D.N. is offline
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Default Re: Yet another Timeshare twist/scam?

I saw the following on another Timeshare Companies website yesterday Wednesday 9th November 2016 (which I have taken a photo shoot of) which has the following included in their article

“The Law today, Law 42/1998 clearly states that contracts must last between a period of 3 & 50 years. In 2015 the Spanish Supreme Court announced the new ruling, stating that life timeshare contracts are declared illegal under perpetuity, this been a common practice at the Anfi Resort. The Majority of timeshare owners at the resort are owners from Germany, the UK and Scandinavia.”

The Law covering the 2 Court Cases versus Anfi relate to purchases made in 2004 and 2009 and the website correctly points out that Law 42/1998 was in force at the time of the purchases. HOWEVER, the quote above is INCORRECT in that Law 42/1998 does not cover Timeshare being sold in Spain today, BUT the Law ‘Real Decreto-ley 8/2012’ does.


The quote of “that contracts must last between a period of 3 & 50 years” is also incorrect.

Look and check for your selves.


Search Engine

eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52015DC0644&from=en

1.INTRODUCTION
This report provides an assessment of the application of Directive 2008/122/EC (the Timeshare Directive) in Member States and evaluates its effects.
The 2008 Timeshare Directive repealed former Directive 94/47/EC 1 and modernised its provisions in order to deal with the emergence of new products in the travel market. It covers a broader range of holiday-related services characterised by long-term commitments or significant financial risks for consumers, namely:
- timeshare contracts, of more than one year under which a consumer, for consideration, acquires the right to use overnight accommodation for more than one period of occupation;
- contracts for long-term holiday products by which a consumer, for consideration, acquires the right to obtain benefits in respect of accommodation, either in isolation or together with travel or other services (such as membership in ‘discount holiday clubs’, which offer discounts on travel and accommodation in different resorts for a fixed period of time);
- exchange contracts under which a consumer, for consideration, joins a system that allows him to enjoy overnight accommodation or other services in exchange for granting others, on a temporary basis, access to the benefits of the rights arising from his own timeshare contract;
- resale contracts under which a trader, for consideration, assists a timeshare owner to resell his timeshare rights or long-term holiday product.


Search Engine

boe.es/diario_boe/txt.php?id=BOE-A-2012-3811


Scroll down to Articulo 3.

Artículo 3. Contrato de producto vacacional de larga duración.
Se entiende por contrato de producto vacacional de larga duración aquel de duración superior a un año en virtud del cual un consumidor adquiere, a título oneroso, esencialmente el derecho a obtener descuentos u otras ventajas respecto de su alojamiento, de forma aislada o en combinación con viajes u otros servicios.

Article 3. Contract of product holiday of long duration.

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.



I have been posting as Ex Anfi (35351) C.D.N. so as not to cause any confusion as to who I am. I purchased 2 weeks of Timeshare in 1985 and had many wonderful holidays during my ownership. I do not NOW own any Timeshare, Holiday clubs or similar product what so ever.
I did work in the Timeshare industry until 7th September 2015. I do not NOW work in the Timeshare Industry, Holiday Clubs or any product to do with holidays what so ever. I also DO NOT work in any profession or for any company which has any connections to do with Timeshare, holidays or any product similar.
My postings are only in relation to my own personal experiences and knowledge of the Timeshare industry.
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  #15  
Old 10th November 2016, 01:44 PM
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Default Re: Yet another Timeshare twist/scam?

The Anfi Way, maybe not? (Part 6 of 7)

EU Directive 122, (16/03/2012) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION (Continued)

EUROPEAN COMMISSION Brussels, 16.12.2015 COM (2015) 644 final

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
Report on the evaluation of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts.

CONCLUSIONS
Based on the above findings, the Commission draws the following conclusions concerning the application of the Directive:

•Regarding aspects of the timeshare, long-term holiday product, resale and exchange contracts falling within its scope, the Timeshare Directive appears overall to be a useful tool in protecting consumers in this specific holiday sector.

•Regarding aspects falling outside its scope (such as termination of contracts) problems still occur. However, the analysis shows that these aspects can be successfully addressed through targeted interventions at national level, efficient self-regulatory measures and a better enforcement of other relevant EU consumer law instruments.

•Specific attention must nonetheless be given to legal constructions and practices aimed at circumventing the Directive. The Consumer Rights Directive, the Unfair Contract Terms Directive and the Unfair Commercial Practices Directive can all help to address such circumventions. The revised guidance for the Unfair Commercial Practices Directive will, amongst other things, address the interaction between it and the Timeshare Directive.

•At this stage, there seems to be no need to modify either the scope or the provisions of the Directive.

•In order to render the Directive more effective, there is a need to encourage national enforcement authorities to focus on certain business practices and traders. This is particularly the case for Spain, which is involved in half of all complaints reported to European Consumer Centres across the EU, Iceland and Norway.

•Where a conduct points towards criminal law, law enforcement authorities should be quickly informed with a view to launching criminal investigations. The cross-border dimension of fraudulent practices could be addressed more effectively by better use of the measures on criminal law cooperation, established between the law enforcement authorities of the Member States. Existing EU instruments for cooperation in criminal matters already provide a comprehensive legal framework for this purpose.

•Possible alternative ways of addressing existing problems, e.g. awareness-raising campaigns, self-regulation and alternative dispute resolution mechanisms, all of which could also have a positive impact. In this respect, the European Consumer Centres have prepared a dedicated section on their websites with tips for consumers that will be launched soon.

•More comprehensive strategies of national consumer protection authorities could raise consumer awareness so as to ensure that their own citizens are more informed about potential scams. Prevention is the most effective way of protecting consumers. Research shows that legitimate businesses actively work on their reputation and want to be seen as being compliant with the EU regulatory regime. Associations representing these businesses and their clients draft codes of conduct, set up alternative dispute resolution mechanisms and cooperate with enforcement authorities when detecting fraudulent traders in this holiday sector.

•The Commission has taken the necessary actions under Article 258 of the Treaty on the Functioning of the European Union in cases where a Member State failed to comply with its transposition obligations. The Commission will also exercise its powers under this article whenever a Member State fails to comply with its enforcement obligations. For this reason, the Commission services have begun a dialogue with Spain regarding the correct enforcement of the Directive.

•The Commission will further encourage Member States, where appropriate, to step up their enforcement actions, including via the Consumer Protection Cooperation network, and ensure the Directive’s provisions are complied with in all Member States. Consideration will be given to further steps, such as targeted workshops with key stakeholders. If deemed appropriate in light of the amount and impact of activities that are undertaken at national level in response to this report, an additional evaluation on the overall state of application of the Directive could be issued in three years’ time.


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


Article 29. General scheme.

1). subject to the provisions of article 23.4, the transfer of rights of use per shift with denomination of timeshare or anything containing the word property is prohibited.

Article 30. Form and content of the contract.

3) identification of the property through its cadastral reference, accurate description of the building, its location and accommodation on which rests the right, with express reference to their registration details and the turn that is the subject of the contract, indicating the days and hours that starts and ends.
****fixed week in a fixed apartment****

4) expression that the work is completed or is under construction. In the lattercase, it shall indicate:

g) detailed list of furniture and furnishings that will include housing, as well as the value that has been attributed for the purpose of the guarantee or insurance refers to article 25.2.
****how many units do not have inventories in rooms?****


5) the price that will have to pay the purchaser and the amount that in conformity with the regulatory writing should meet annually, once acquired the right, service company, or the owner that had taken over in regulatory writing, with expression that will be updated according to the consumer price index published by the National Institute of statistics unless the parties have established another form of upgrade, which may not be at the mercy of one of them, indicating, by way of indication, what has been the average of the index in the past five years.

****Service charges (Maintenance fee’s) YUP should have average of last 5 years in writing for prospective purchasers*****
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  #16  
Old 17th November 2016, 01:59 PM
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Default Re: Yet another Timeshare twist/scam?

The Anfi Way, maybe not? (Part 7 of 7)

EU Directive 122, (16/03/2012) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION (Continued)
You will clearly see the following words in the EU Directive 122;

“Member States should not be allowed to maintain or introduce in their national legislation provisions diverging from those laid down in this Directive”.



Real Decreto-ley 8/2012, de 16 de Marzo.
Article 37.

3). all pre-existing schemes will have a maximum duration of 50 years, that in the case of the concluded before the entry into force of the law 42/1998 of 15 December,will it be calculated since this date, unless they are of less or that they had made in adaptation, express declaration script continuity indefinitely or for certain period.

4). the regimes of timeshare contract or associative nature relating to real estate sites in Spain referred to in paragraph 8 of article 23, made before the entry into force of the present Royal Decree-Law shall advertise the regime in the registry of property where is located the property as provided in paragraph 8 referred.


Sole repeal provision. Repeal legislation.

The law 42/1998 of 15 December, on rights of timeshare real estate for tourist use and tax rules be repealed.

By this Royal Decree-Law was incorporated into the Spanish legal system Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2008, concerning the protection of consumers in respect of certain aspects of timeshare timeshare, acquisition of holiday products long-lasting, resale and Exchange.


ANNEX I Information form standardized to utilization contracts by turn of timeshare

Part 1:

Brief description of the product (for example, description of the property):

Exact of the right or rights nature and content:

Exact period during which it may exercise the right to object of the contract and, if necessary, its duration:

Date from which the consumer may exercise the right of the contract:

Summary of the main services that can enjoy the consumer (e.g., electricity, water, maintenance, refuse collection) and indication of the amounts to be paid for such services:

****There are many Spanish Timeshare contracts signed before Real Decree 4/2012 (16th March 2012). If your contract states “summary of the main services that can be enjoyed by the consumer” includes WATER & ELECTRICITY ect, then those resorts CAN NOT CHARGE for ELECTRICITY & WATER ect. If your Spanish resort requests you to pay, you are not legally obligated to pay****

Summary of facilities you can enjoy the consumer (e.g. swimming pool or sauna): Are they included in the costs listed above?


Part 2: General information:

During this period of withdrawal, any payment of advances by the consumer is prohibited. Affects ban to any consideration, including payment, the Constitution of guarantees, reservation of money on accounts, explicit acknowledgement of debt, etc. It includes not only payment to the trader, but also to third parties.




6) ADDITIONAL INFORMATION
information about the way in which are organized the maintenance and repairs of the property, as well as its administration and management, including the possibility that consumer to influence and participate in decisions relating to these issues and modalities for this participation,

information about whether it is possible or not to join a system of resale of the contractual rights, information about the relevant system and indication of costs related to resale through this system,

where appropriate, the possibility of resorting to a medium of out-of-court dispute resolution.

Acknowledgement of receipt of the information:

Signature of the consumer:


BE REPEALED, by law 4/2012 on July 6 (Ref. BOE-A-2012-9111).
IT PUBLISHES agreement of recognition, by resolution of March 29, 2012 (Ref. BOE-A-2012-4915).
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  #17  
Old 23rd November 2016, 05:29 PM
ex Anfi (35351) C.D.N. ex Anfi (35351) C.D.N. is offline
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Default Re: Yet another Timeshare twist/scam?

You are walking along enjoying your holiday when a VPR/OPC/Kid on the street approaches you with his scratch cards. Law 4/2012 Article 7 Advertising (2). & E.U. DIRECTIVE 2008/122 Article 3 Advertising (2) state the VPR/OPC must inform you if you are going to a Timeshare/Holiday Club presentation. Failure to do so is a breach of the 2 laws and will make any contracts NULL & VOID.

On arrival at the resort where the presentation is to take place, if the reception staff fail to clarify you are attending a Timeshare/Holiday Club presentation, then they too have failed to comply with Law 4/2012 Article 7 Advertising (2). & E.U. DIRECTIVE 2008/122 Article 3 Advertising (2), again, any contracts will be NULL & VOID.

Once the presentation begins, you will be shown brochures and literature to support the presenter’s sales presentation. You can ask the presenter for a copy of the material being shown (simply because the presenter has used the same to present their product) and if they fail to provide you with a copy, not only should alarm bells ring, BUT they have failed to comply with Law 4/2012 Article 8 ‘The Information requirements’, and E.U. DIRECTIVE 2008/122 Article 4 ‘Pre-contractual Information’ (Acting in accordance with the procedure laid down in Article 251 of the treaty (2) Numbers (9) & (10). Contracts are NULL & VOID.

If the word ‘INVESTEMENT’ is used during the Timeshare/Holiday Club presentation, then a breach of the 2 laws have occurred making the contracts NULL & VOID.

If the word ‘property’ appears during the Timeshare/Holiday Club presentation or in the contracts, then a breach of the 2 laws have occurred making the contracts NULL & VOID.

If you are told “you can take as many Extra Weeks (Bonus Weeks) as you want”, ask the presenter/sales person for an audited copy showing how many were available in recent years. Keep this copy presented to you.

During the presentation of Timeshare/Holiday Club, the presenter must provide the guest with a written copy of the last 5 years of what any ‘Service Charges’ (Maintenance Fees) were.

If you are at Anfi Del Mar on a presentation, and sitting with a presenter who has a blue identity badge, then they have worked there for a good number of years and even have ‘some’ protection from the union representing ‘some’ workers at Anfi. The orange badge holder would appear to have ‘no rights’. I say this because of my early post relating to ‘Abuse of Authority by the British Cold Line Sales manager’, ‘Threats of violence’, ‘Health & Safety violations’, Employment Laws breached’, ‘training given to new representatives which circumvented the Spanish Timeshare Act Law 4/2012 and the E.U. Directive 122 of 2008’, and ‘Thomas Cook Representatives also circumventing these 2 laws’. Thomas Cook also provides other TATOC/RDO resorts/companies with guests to attend presentations.

Any Holiday product you are presented with for purchase and if IN ANY WAY SHAPE OR FORM, EXCEEDS 12 MONTHS, then it is covered by the 2 laws, Timeshare Act, Spain 4/2012 & E.U. DIRECTIVE 2008/122. (I wonder if Anfi are still using 11 months for their 2/3/4/5 week ‘trial membership’. If the purchaser had not ‘upgraded’ to a full membership within the 11 months period, they then had 18 months of using RCI Extra Weeks’. This ‘pitch’ was used to circumvent the 2 laws, however. 11 months and 18 months equals 29 months. 29 months is more than 12 months, so therefore the product is failing to comply with the 2 laws).
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
(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


Under NO circumstances can any money be taken what so ever, regardless of any reason given and this also includes no monies to be taken for a third party.
(E.U Directive 122/2008, (16) 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. Real Decreto-ley 8/2012, de 16 de Marzo. Part 2: General information: During this period of withdrawal, any payment of advances by the consumer is prohibited. Affects ban to any consideration, including payment, the Constitution of guarantees, reservation of money on accounts, explicit acknowledgement of debt, etc. It includes not only payment to the trader, but also to third parties.)


If your purchase a Timeshare, the contracts should specifically state what week number and which apartment number. Failure to state these in the contract makes the contract NULL & VOID.

Any existing Timeshare/Holiday Contracts which was signed before Law 4/2012 came into force (16th March 2012) and has ‘not adapted’ (been changed to comply with law 4/2012) are NULL & VOID. (Why would someone pay to get out of a contract which is NOT NOW, a legal binding contract).


Many Timeshare/Holiday Club contract were signed before Law 4/2012 (16th March 2012) and included “summary of the main services that can be enjoyed by the consumer”, in other words, Maintenance Dees. If the original contract stated the ‘Service Charges’ (Maintenance Fees) included ‘Water & Electricity’ in the Service Charges (Maintenance Fees), then you have already paid for water and electricity in those charges. If you have not signed an amended contract, or received a Resort ‘Committee’s’ amendment to these charges being itemised as being paid separately from the ‘service Charges’ (Maintenance Fees), then why are you being asked to pay for the water and electricity again when you arrive for your holiday? Some resorts are charging for water and electricity when you are on holiday.



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


CHAPTER V

Legal regime

Article 16. Mandatory.

1). consumers may not waive the rights that are recognized in this Royal Decree-law.

2). the waiver of the rights recognized by this Royal Decree-law to consumers is zero, being likewise null the acts performed on fraud law, in accordance with provisions of article 6 of the Civil Code.
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Old 30th November 2016, 04:02 PM
ex Anfi (35351) C.D.N. ex Anfi (35351) C.D.N. is offline
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Default Re: Yet another Timeshare twist/scam?

Any existing Spanish Timeshare/Holiday Contracts which were signed before Law 4/2012 came into force (16th March 2012) and has ‘not adapted’ (been changed to comply with law 4/2012) are NULL & VOID.
Why would someone pay to get out of a contract which is NOT NOW legal and binding contract?

I am aware people may have purchased Timeshare in recent years and have in fact been ‘miss-sold’ or have signed contracts which are NOT LEGALLY binding, and wish to seek recompense for this.

My comments “why would someone pay to get out of a contract which is NOT NOW, a legal binding contract” is due to the following.

We have all read articles on the website which refer to elderly people who bought Timeshare in the 1980’s and 1990’s, who after many years of happily using their Timeshare, are now too ill or frail to use the Timeshare.

A report I read specifically quoted an elderly couple who owned their Timeshare with Macdonald resorts in Spain. For more than 10 years the elderly couple had been unable to use their Timeshare due to ill health. Although they were unable to use their Timeshare, Mcdonald Resorts were still charging them Maintenance Fees and had in fact sent in ‘the debt collectors’.

If you signed a Timeshare contract before 16th March 2012 (Law 4/2012) came into force, it is highly likely that your contract does not comply with the SPANISH Timeshare Acts in force TODAY.

An example is, you bought your Timeshare in 1990. The SPANISH contract states you own your entitlement ‘in perpetuity’ (or more than 50 Years). As soon as Law 4/2012 came into force (16th March 2012), then the company were LEGALLY OBLIGATED ‘TO ADAPT’ (change your contracts) to comply with Law 4/2012. If your ‘old’ contract contains the word ‘property’, then this “little” word will also make your old contract NOT NOW a legal binding contract.

By failing to change your contracts WITH YOUR AGREEMENT and SIGNATURES, then the company have failed to comply with LAW 4/2012.


If this is the case with your old ownership, you can freely walk away as you are NOT NOW legally bound to pay your Maintenance Fees.

‘Pure’ Points are not legal in Spanish Timeshare contracts.

‘Floating’ Weeks are not legal in Spanish Timeshare contracts.



The Official Journal of the European Union dated 14th January 2009, with regards to the Directive 2008/122/EC of the European Parliament and of the Council article 12;


Article 12
Imperative nature of the Directive and application in international cases

1. Member States shall ensure that, where the law applicable to the contract is the law of a Member State, consumers may not waive the rights conferred on them by this Directive.

2. Where the applicable law is that of a third country, consumers shall not be deprived of the protection granted by this Directive, as implemented in the Member State of the forum if:
— any of the immovable properties concerned is situated within the territory of a Member State, or,
— in the case of a contract not directly related to immovable property, the trader pursues commercial or professional activities in a Member State or, by any means, directs such activities to a Member State and the contract falls within the scope of such activities.

A ‘third country’ is a NON MEMBER STATE such as Russia, Ukraine ect.

TATOC are the ‘Consumer Association’ allegedly acting on behalf of CONSUMERS who own Timeshare.

Have TATOC ever advised a consumer of a pre Law 4/2012 contract which was not ‘adapted’ (Changed to conform with both Spanish Law 4/2012 and EU Directive 122/2008) that their old contract was NOW NULL and VOID and they could walk away from any Service Charges (Maintenance Fees)?

If TATOC have not advised the consumer of this, will they be advising the consumers in the future?
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