Should You Sign The New Contract With Anfi Resorts?

Introduction

In 2015 the case of Tove Grimsbo, hit the Spanish Supreme Court.  In a landmark decision, the court ruled that the contract Ms Grimsbo signed with Anfi Resorts did not meet the requirement for a timeshare contract under Spanish Timeshare Law 42/98.  The contract was declared null and void and Anfi ordered to repay their client 53,000 euros.

This was the first of many such rulings against Anfi, withmore clients choosing to register their claims each week.  Anfi Sales and Anfi Resorts have now entered the liquidation process, with much effort being put into the continued operation of the resorts.

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Watch our short video which explains how Paul and Lynn claimed back nearly £63,000 for their Spanish Timeshare.  Just click the play button above to get started.

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To briefly summarise the main points of Spanish Timeshare Law,

·        A timeshare contract must be for a fixed term,that does not exceed 50 years- Anfi issued contracts that run in perpetuity and that have no end date.

·        The object of a contract must be identified-this means that the week and apartment number must be stated on the contract,the ‘floating’ system utilised by Anfi does not meet this criteria.

·        No deposits are to be taken in the cooling off period-Anfi sales reps often took a deposit or even full payment during the sales presentation.

If any of the above points apply to you then you could been entitled to submit a claim against Anfi to have your contract declared null and void and have the money that you have paid returned to you.

Spanish Timeshare Law 42/98 came into force in January 1999and applied to any timeshare contracts signed under Spanish jurisdiction from that point onwards.  Anfi, who issued thousands of these incorrect agreements, have been badly hit with judgments against them in the Spanish Courts- for millions of pounds.

To right the situation, Anfi have asked all owners with an affected contract to sign a new agreement that complies with Spanish Timeshare Law.  And the decision on whether to sign or not is really up to each owner and will depend on what their intentions are.

You should NOT sign if you intend to put a claim in against Anfi, either now or in the future – If you sign the new contract you can no longer put in a claim as this ‘new’ contract does meet the requirements for a timeshare contract under Spanish Law.

If you do not intend to EVER look into your possibility of a claim against Anfi, then there’s no reason why you should not sign the new contract.

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This article is not intended to constitute legal advice, it is intended only to provide information and we strongly suggest that any Anfi owner who is considering their options seek legal advice from a Spanish Lawyer.  We can arrange for your contract to be assessed by a Spanish lawyer who will let you know if your contract is one affected by the court rulings.  If so, they will provide you with a free viability report that will confirm that you have all documentation necessary for a successful claim and also let you know how much compensation you could expect to receive should you choose to submit your claim.

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To find out more about your options please contact us on 0800 060 8729 place an enquiry on our website or use our live chat facility to speak to an adviser online

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