These days it seems the timeshare industry is always in the news for one reason or another, so it comes as no surprise that many legal cases raised against Anfi contracts have made the headlines. Due to a substantial number of Anfi’s contracts being deemed null and void by the courts, it is understandable why the timeshare company have felt it is their best interests to start putting things right.
Anfi had been receiving so much legal attention due to contracts that were signed after 1999 that either exceeded the legal limit of 50 years or had no end date at all. To turn things around, Anfi’s timeshare owners were invited to attend a Special General Meeting that was held in Gran Canaria, June 2017. The purpose of this meeting was to discuss and then go on to rectify the issues with the aforementioned contracts.
The meeting raised three potential resolutions:
1. A complete change of their Timeshare Scheme to comply with the Spanish Act 4/2012.
2. To put in place a maximum 50 year term on timeshare agreements and to include the option to extend the agreement for a further 50 years.
3. As resolution 2 but without the option to extend the agreement.
Resolution 1 is to adapt Anfi agreements to ‘Rotational Enjoyment Rights’. Anfi explains this to mean:
“Every current holder of a membership certificate shall be allocated a number of rotational enjoyment rights, equal to the number of membership certificates they currently hold and which will entitle them to enjoy the same week of use as they currently hold.”
The meeting ended on the decision that resolution 2 was to go ahead in their three resorts (Club Monte Anfi, Club Puerto Anfi and Anfi beach Club).
This change in contract will only apply to new agreements drawn up as the club can not change the term within an existing agreement that has been signed by the timeshare owner and Anfi.
In simplified terms, this means that if you sign a new contract then resolution 2 will apply to you but if you choose not to accept the new contract that Anfi offers you, then your existing agreement remains in force. By refusing your new contract to continue with your existing one, it will mean that you have an illegal contract.
Don’t feel that you have to be forced into signing a new contract, if you choose to turn down the new one you will then be entitled to take your case to court to get the agreement nullified. You may even be eligible to receive some timeshare compensation.
If you are looking for a way out of your Anfi timeshare contract then make sure that you DO NOT sign a new contract. Call and speak to one of our advisers at Timeshare Advice today on 0800 072 4683 to discuss your options. The sooner you call, the sooner you can begin the process of relinquishing your timeshare.
See our recent post regarding facts about timeshare law.