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

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.

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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.

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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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