It must be said, Anfi Resort does remain one of Europe’s top timeshare complexes in Spain, however, it must also be countered in that it has also perpetrated a 10-year spree of selling illegal timeshare contracts to existing and new timeshare consumers. Like a good reputation assists an enterprise, unlawful antics can come back to bite a company which is the case at Anfi Resort.
Anfi having sold (unlawfully) thousands of timeshare contracts are now the subject of many supreme court ruling for which those antics are costing the resort dearly. Anfi is not the only Spanish timeshare resort being bitten by the legal profession, as other resorts are also being subjected to many supreme court ruling and again for mis-selling timeshare contracts.
The Anfi Resort Complex did open for business in or around 1992 and was claimed to be one of the world’s most luxurious timeshare resorts. I have personally seen the resort and if you see it today, you too will know that it contains many spenders, has many happy timeshare owners, who do enjoy holidays, however beneath this enjoyment facade are 1,000’s misrepresentations and breaches of the law. There exist, many wrongful selling practices and a cacophony of unlawful contracts and Anfi is facing hundreds (if not 1,000’s) of legal actions. The mis-selling did have an upside in that the past money gained did assist in the financing of the resort and the company behind it.
The problem is that in the selling spree many timeshare consumers acquired many unlawful contracts, cannot sell them or profit from what they acquired. Over the years, many consumers have been lied to and dissuaded from visiting a lawyer. Many enterprises have been set up by the timeshare industry to disseminate false, poor and bias advice to protect its mis-selling position.
The focus on quality and service at the Anfi Resort did make the resort a cut above most Gran Canarias’s hotels and self-contained accommodation and years later, it can be said that Anfi is still one of Europe’s leading timeshare resorts.
The Billionaire founder was Mr Bjorn Lyng always wanted to construct a quality resort and made sure that he got one, “but with your money” which was unlawfully gained. To that extent, Mr Lyng fuelled his dream faced with timeshare resort buildings with stone and ordered that a huge, heart-shaped island be constructed. With the aid of imported Caribbean sand (for the beaches), the resort was well presented and did boom. Now its finances are in tatters and the splendid dreams of ownership are far cry from reality.
Anfi can be said to have been Mr Lyng’s baby as it did cost him a fortune to build. Once the first foundation blocks were laid, the race was on to get his money back and then build more. The construction of this resort assisted in the Gran Canaria’s timeshare boom was very welcomed but (as stated) was founded on money unlawfully obtained.
The Wild West
Between the years 1992 and 1999, the timeshare sellers (working for Anfi) did pretty much as they chose, they constructed boiler rooms, invited consumer into the resort and were sold, hour after hour until many conceded and bought in. The salesmen and women would say anything, so long as a sale was concluded and with the aid of vast network touts, and salespeople timeshares weeks were sold fast but unlawfully.
The Change in the Law
As the resort was constructed in Canaries Spanish law governed, however authorities were not prepared for the mass selling that was taking place and equally were not equipped to deal with the many complaints from consumers that they were being ripped off by Anfi and others so, in 1998 the Spanish Lawmakers introduced needy legislation in the form of LAW 42/98 which came into effect on the 4th of January 1999. The day the law changed in Spain, Anfi ignored it and had a continuance of mis-selling the timeshare year in and year out.
As Spain brought in the strict timeshare law. It outlawed lots of the things Anfi, and Gran Canarias’s other timeshare firms were putting in their contracts, however as explained Anfi and other major timeshare didn’t change its sales tactics either its contracts. They simply had a continuance mis-selling believing they were above the law.
It has to be said that the Gran Canarias’s timeshare resorts, including Anfi’s flagship, were breaking the law every day, however, the situation was being monitored as the “Wild West” days were over and the Spanish Marshals were heading into town. One has to appreciate that Mr Lyng knew that thousands of the contracts his sales teams were selling were illegal. It’s hard to imagine that a man who built a billion-euro empire didn’t know exactly what was going on. Perhaps, like many successful men, he thought he could make any problem go away with money, as he certainly did have a huge legal team behind him., but like many, who do sell illegal products, they get caught in the end.
So Anfi ran into Timeshare Lawyers enforcing consumer rights.
If you take the time to look back, Anfi must wish that its lawyers had put in the effort lawful timeshare contracts, as millions are being spent today fighting and losing cases. A few pence spent and a few hours work done, would have saved the company a fortune.
Instead of spending the time making the contracts lawful, Anfi’s army of lawyers had one job: To make sure that nobody ever got their money back no matter how dodgy their contract was.
While the sales teams were pushed to make more and more money, the legal department did their best to hold onto it. Claims were blocked, delayed and appealed at every turn, so fighting Anfi became a long-winded and expensive process, so many consumers obviously just gave up.
But while Spanish law is slow, it is also remorseless. In the end, Anfi and timeshare just ran out of legal tricks and arguments and in 2015, the first case against Anfi reached the Spanish Supreme Court in Madrid. Inevitably, because it was so illegal, Anfi lost, then it lost again, again and again. To date, it’s now lost many 10’s of supreme court cases.
The result is that Anfi resort is now being made to return money to owners they sold illegal contracts to. The Spanish Supreme Court has ruled, no wriggle room is left and no matter how many lawyers they employ. This means that “if” you are one of the thousands of Anfi owners that retains an illegal contract, you can (finally) get your money back with damages and interest.
Is Anfi really the bad guy in Gran Canaria?
This is the tragedy of Anfi. It’s still a superb resort. It still offers excellent quality and service and many of its owners are happy and always have been, however that decade of lunacy after 1998 is now costing the resort dearly. Anfi is Tenerife’s largest timeshare resort, it has the highest number of illegal contracts, and they lose the most cases.
TESS can help
If you have a timeshare contract with Anfi TESS can Help to make a claim and on a no win no fee basis.
Anfi now faces an avalanche of legal cases and over the next few years. None knows what the effects of the migration of money will do for the resort. Timeshare consumers have always been victims and have equally been the targets of greedy Resorts but now they are finally getting their money back.
Is your Spanish timeshare contract illegal?
If you signed a timeshare contract after January 4, 1999, there’s a very good chance it contains an illegal clause and will be annulled. In doing so, you will get your money back in full with interest, costs and damages.
Just contact TESS for a no win no fee support, fill out a become a client application and we will call you back.
Posted on: 3rd March 2017