Brian Taylor
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Good feedback Steve. Sounds very time consuming .
Good learning to check who airline are using. I’m still a bit worried about my booking with europcar via easyjea in Madeira
Brian
Dear Kjell
Thanks and I trust you will enjoy your future years at Anfi. Pam & I are normally out at Anfi from mid-late October for 2 or 3 weeks, though not this year as away elsewhere. We will be at Anfi in 2020, so perhaps may meet up at some stage.We have some fixed weeks, but also have one floating (resale) week and sometime struggle with getting week we want, and often get a week and rent it out, then find a rental week for the week we actually want. That’s worked well over a few years now.
Kind regards, Brian
Just to remind members the Beach Club meeting on the 4th February is now just next week – so last chance to get any questions into Richard!!!
Cold pools in January would be my question!! At Beach, Monte and Gran
Also in case you own at other resorts:-
Monte meeting is 7th February (also Richard as contact) – Forum post here
Gran meeting is 11th February (Roger Byatt) – Forum post here
Brian
NB if you prefer to email:-
Richard – relations@anfiukmembers.co.uk
Roger – membership@anfiukmembers.co.uk
Hi Michael / Val cc Robert
Robert is right in that the claims going through are all for people who bought direct. This relates back to the original court case that spanned many years and finally was determined in favour of the claimant, and this is based on buying direct from Anfi, and Anfi being in contravention of the legislation around timeshare. As you didn’t buy from Anfi you don’t have a claim against them. (In theory you might have a claim against the person or company who sold it to you? Though clearly not if the person has passed away.)
JLCA are handling claims from some of our members under the arrangements that Julie set up whilst she was Secretary. I don’t believe JLCA have taken on any indirect owners claims – though you could always ask if you feel you have basis for claim, I’m pretty sure they said back at the 2017 AGM that resale owners did not have basis for claim.
Even if a claim was possible on some aspect of the contract, Anfi based on past and current approach will contest it every step off the way, so you’d be going through a couple of levels of court, up to the equivalent of UK Supreme court & probably having to attend the court sessions. The original claims ruling took over 8 years to reach conclusion and was handled by CLA (who are a claims management company and nothing to do with JLCA who are a Spanish law firm)
The legal cost would be considerable and under Spanish law unless you are 100% successful in your claim, you are not awarded legal costs, and could face claims from Anfi for their legal costs.Michael
For your floating week Anfi have now assigned underlying fixed weeks for floating contracts and a FLEX system to replicate the floating arrangement – I believe they will tell you about this if you ask. But do beware if seeing updated contracts as, on our other Forum posts, we are seeing Anfi bringing in new and onerous terms when contracts are updated.Brian
Anfi UK Members’ ClubRoger has now emailed out the formal invitation for the AGM which includes reply slip and voting options. If you haven’t received it please let Roger know at membership@anfiukmembers.co.uk
The paperwork will be published on the 2019 AGM meetings page, and we have also set up a webpage for the AGM to give any relevant notes, and dates when different items are published – on this link
We are working on the documents now, so nothing published yet, though the agenda will be very similar to the 2017 one – minus the legal claims items, though we can give an informal update at the AGM for those interested.Please do consider joining us for the AGM!
- if you can’t join us please take a few minutes to use the reply form with Roger’s email, to let us know, and to vote on resolutions (the form with your email is pre-filled on the email with your details and your unique voting number – all you need to do is click “reply” and fill in a few boxes on the form)
- if you live within reasonable travel distance you are more than welcome to join us for just the AGM and post AGM member discussion (and free lunch! – but you need to tell us so we can book the right numbers)
- if you live further afield, or prefer to stay over, the email lists options for staying at the Cotswold Water Park hotel, where we are holding the AGM, and the rates are a good discount on the hotels normal rates. Roger has also sent options for lower cost hotels nearby.
You could stay over Saturday if joining us for the dinner, or Friday, or both – all details are in the emails
Regards, Brian
For those still to pay, having just paid my maintenance fees on 25th Jan – the rates offered by Anfi’s payment processor were 1.116, whereas the PO card day rate on
https://www.mastercard.us/en-us/consumers/get-support/convert-currency.html is 1.146 – on 1000 euros this saves a small amount (£24)If anyone seeing better rates do let us know.
I see that Money Saving Expert are still ranking the Halifax Clarity as best card for overseas spend.
One of my family is using the Revolut pre-paid card – you have to load up front, though you can choose when and load into Euros if you see a good exchange rate. The card works via a smartphone app. It also offers option to give you a “one-off” virtual card which is only valid for one transaction – this could be useful if paying in a shop you don’t trust or online, as once the transaction processed the company who used it cannot use the card again.
Article about this on moneysavingexpertBrian
Bit confused Steve, as I’m pretty sure that your contract is direct with Anfi – it is just you didn’t buy direct from Anfi – when you bought you get a revised certificate and the contract conditions transfer from the original buyer to you.
Your kids position in my mind is no different to whether you are direct or resale buyer – if they are not on ownership certificate and you die, then they need to go through a probate type process for Anfi to transfer ownership.Maybe other members know more?
I’m so sorry to hear of the position that Anfi have placed you in (I hope you don’t mind I’ve edited your text as it didn’t display very clearly on the original version)
It is inexcusable that Anfi did not explain properly to you the changes they had brought into the contract documents, when all this was done under the “simple” request to change names and update database!
It is a warning to all members to be very careful if they take up Anfi’s “offer” to update names for free, and I know our committee members Richard and Roger are taking this up with Anfi in the coming weeks when they visit for the liaison committee meetings. However that does not help your situation.
We’ve produced a guide on the website to pro’s and con’s of taking legal action against Anfi updated with the court cases up to last summer. Anfi have been requiring all claimants to attend court at in Gran Canaria and the process does take quite a while. So please do take advice and consider options before embarking on this. JLCA can provide estimates of legal cost and timescale should you wish to consider that route.
I assume it is too late to return the contract and revert to previous situation.It sounds as if you have a very good son-in-law and perhaps just take his advice and enjoy your years at Anfi and let him sort it out in the future. At least you’ve added him to your ownership, and whilst you have the issues on Anfi’s right to first refusal, and more worryingly their penalty cost for cancelled contracts at hotel rates, these may never become relevant, or you could look to sell at some point and remove any future commitment.
Do let us know how you get on or if you think the Club can provide further guidance.
Kind regards, Brian
Anfi UK Members’ ClubI checked again when at Anfi early January and the work on the main mall, and the smaller shopping centre opposite, is coming along. The signage says the mall will open in the autumn – though appears to be lots of work to finish by then.
The mall replaces the old aqua land site, just past the main shops in Puerto Rico, and runs up to the roundabout close to the bridge where the motorway runs overhead.
The smaller shops opposite look like they will open fairly soon – they had the elevator in when we looked.
See photos below.
Brian
main mall construction work
Shops on opposite side to main mall
For anyone just reading this topic now and thinking of changing names on certificate please beware that Anfi seem to be making other contract changes at the same time
See the topic below for latest information and the onerous clauses that may or are being added:-
https://anfiukmembers.co.uk/forums/topic/new-anfi-contracts-since-may-2018/#post-33492
I’d read the Which report but not the BBC or Sun ones – certainly agree to avoid Goldcar and Rhodium, the latter being a brand that Goldcar trades under in some countries
Europcar come out as OK but with opaque charges – I’ve read elsewhere they have hidden charges. I have booked with Europcar in Madeira in March, so will update my views after that. (Easyjet were doing deals on car hire using Europcar and very good prices)
Enterprise, Alamo, Sixt, Avis, Hertz and Dollar all come out better than Europcar according to Which.
Good for us in Gran Canaria and the Canary Islands, Autoreisen are by far the best of all the companies – though now that Top Car and Autoreisen have split I’m not sure how future scores will develop.
I’ve used Top Car Autoreisen for many years and always good. Since they split up their offices I’ve used Top Car who I believe have newer cars, though the cars Autoreisen use don’t seem to stop them scoring well. Pam has used Autoreisen with no problems.On my Anfi trip in January Top Car charged 140 euros for a week for a VW Polo which had about 7000km on the clock. The price included all insurances and covered second driver.
The only extra cost is the parking at Anfi if you are not at Beach Club where it is free. Otherwise around 7 euros a day.Roger has emailed all members on 7th January with the initial invitation to the AGM which will be held at the Cotswold Water Park Hotel & Spa near Cirencester.
The date given for member resolutions was not correct and member resolutions need to be with the Committee by 24th January. They can be submitted by email: chair@anfiukmembers.co.uk or by post to David Ledger at Ivydene, Gloucester Road, Corse, Glos. GL19 3RQ.
Other details from the initial invitation email remain the same. This can be seen at
https://anfiukmembers.us1.list-manage.com/track/click?u=b57390ce67cd1e4c62df15360&id=bfb170cc49&e=e7b58df6ee
This is a ‘Mailchimp’ document that still has the wrong resolutions date, as we are unable to correct it online – everything else in the document is correct.The email covers:-
- AGM details
- option for informal evening meal option for members on Friday the 8th March
- (free) buffet lunch on the 9th before the AGM
- option for a dinner in the evening with entertainment if you stay on
- things to do in the area
- the hotel is offering a discounted rate for the Friday as a DB&B rate and for Saturday B&B, and there are also other hotels in the area that offer a variety of rates, including good deals from Premier Inn and Travelodge – see the follow on email Roger sent for details of hotel options
We’ll be sending out the “formal” invitation with email voting for the resolutions for the AGM.
If there is anything you’d like to see discussed at the AGM do let us know.
Brian
First question from me for Richard is about the pool temperatures – Pam & I stayed 5th to 12th January in Monte and the pool felt pretty cold. From discussion with other people we met the Beach Club and Gran pools were also too cold to use.
I’d hope that Anfi have temperature records to be able to say what was happening and also if they had problems heating pools etc
Brian
Hi Wolfgang
Just reading again your post on contract changes – the hotel cost reads as if it applies if the member cancels the contracts not just if the contract is cancelled in court – see highlight below.
That means that if member handed back contract after x years, or doesn’t pay maintenance etc, then contract treated as cancelled and hotel cost due at 400 euros+ per night for all past years used!
Very onerous if correct – as implies you can’t escape from paying your maintenance fee for 50 years unless you sell on, or are able to sell/offer back to Anfi? – is that your reading of the contract clause?
Regards, Brian
==========================
Since May 2018 there are new Anfi membership contract forms. The contracts include the following:
If the member misses the payment target (purchase payment or maintenance fee) he has to pay after a deadline of 30 days 1.5 % interest per month.
The contract is over maximum 50 years and at any extraordinary termination of the contract before that date (non-payment, cancelling or nullification by the member, other types of nullification with nullification by court included) the member has to pay “hotel cost” instead of maintenance fee for all past years of using the weeks. The hotel costs defined in Annex F are:
ANNEX F
MAXIMUN PRICES (All Charges and Taxes lncluded)
Prices per night, 4 Persons (1 bed room):
High season € 435.00 €, Middel season € 401 .00, Low season: € 348.00The other aspect under new contracts terms is how long do Anfi have to decide if they wish to buy the week? – is this open ended, or does Anfi have to exercise its right within say one or two weeks – otherwise this could cause delay for the seller and perhaps lose a buyer. There must have to be some end date for Anfi to exercise its right otherwise a sale to a buyer could proceed and then Anfi could intervene to buy part way through.
Brian
Interesting – one thing to tell Anfi the buyer info as part of the 700 Euro transfer fee when a member sells, quite another to have to tell Anfi upfront when they have option to buy at that price.
Wonder where that sits under the EU GDPR as to disclosing buyer information unless the buyer gives explicit consent?Also a wise seller might just give a relative or friends name as the buyer to test if Anfi will buy. Set a high price and see what happens!
Sounds as if this means, that if a sale doesn’t go through, Anfi will need info on each offer the seller receives and is looking to pursue.
This might further reduce resale prices over the reductions Anfi’s tactics have already caused, yet allow them to buy up good apartments at bargain prices!!
Brian
Good luck Robert. In recent Which report mentioned looking very carefully at Ryanair and baggage charges which seem to catch people out as have had 3 changes in last year, and recently reduced hand luggage
Take it not worth flying to Manchester or Gatwick for a cheaper fight out
Brian
Hi Wolfgang
Interesting but how is price for the week the owner is selling determined if Anfi have right of first refusal?
Regards, Brian
Makes you wonder why anyone would sign a replacement contract!
Brian
very good points and reasons to be careful of any contract changes!!
Looking forwards we need to be careful, collectively, if Anfi ever try to retrospectively add in these terms to existing contracts!
Brian
Hi Wolfgang
That’s very interesting, thanks for alerting us – I thought on claims some courts had not awarded refund of maintenance fee – so does this only apply if court does award the maintenance fee? The costs are far in excess of maintenance fees and totally unreasonable by comparison to actual hotel rates which include B&B normally – how can they claim 435 euros per night for room only!!!! (you did mean per night?)Are there rates for other room sizes e.g. 2 bed etc?
Also if members are looking to add names to contracts are Anfi adding these terms into the revised contracts? If so members need to be very careful.
Brian
Also to add that Which have just published update on European airline surveys. Guess what? – Norwegian is one of top rated airlines. Easyjet is middling (Pam & I found them quite efficient, though hand baggage check policy is hassle as you have to stuff all your things in the one case).
Ryanair dropped off scale at bottom as worst rated airline & amazingly 70% of respondents would never consider booking with Ryanair – though their management do not seem to get the message & think all is well!!Brian
Update on above ref BA
I booked BA for this January, many months back, before Easyjet or Norwegian released dates – somewhat gutted to see, even today, that it would be cheaper for me to book Norwegian going out this Saturday for a week than what it cost with BA for an advance booking.
Right now you can book a return with Norwegian 5th – 12th January for £155 return per person – the return element is only £53 – with hold luggage, seat and 10kg hand luggage. Flights gets there early evening and coming back arrives late evening. I could live with that!!And to rub it in the BA flight is from Heathrow, and the parking there is a lot more than Gatwick. BA also only fly Saturdays to my thoughts of an extended 10 day stay cannot happen. And Pam’s lounge Priority Pass does not work at T5 Heathrow. Next time Gatwick and Norwegian or Easyjet (our October Easyjet flight was pretty good, no complaint)
Brian
I’ve read on Facebook recently of someone querying that when they asked for names to be updated they have been given by Anfi a much longer document than their original contract. Sounds similar to Diane and Steve’s experience posted above.
In Anfi’s request it seemed to be simply updating names as per extract below – if you are in the process of updating your contract names, please take care and Roger has offered above to sense check if there has been an error in the contract documents involved. The text below does not refer to updating contract terms just names.————————
In the Customer Services Department we are at present updating the database of Club members, and we are aware that over the years personal circumstances may change that affect the title holders of the certificates, and that members may wish to add or remove names, or require other revisions to the certificates.The 31st January 2019 is the date we have set as our objective to update the title holders of the certificates in the database, and to help us to meet this deadline, changes will be completed at no cost whatsoever to you, our members.
———————————We’ll be sending out the details for the AGM on 9th March very early in January. The hotel is near Cirencester as a change from the Ettington Chase, though still in central England and easy access from nearby motorways, and an amazing venue.
As with previous AGM’s we will have an informal evening meal option for members on Friday the 8th March. We’ll also provide a (free) buffet lunch on the 9th before the AGM, and you’ll have the option for a dinner in the evening with entertainment if you stay on.
The hotel is offering a discounted rate for the Friday as a DB&B rate and for Saturday B&B, and there are also other hotels in the area that offer a variety of rates. All details will be sent out shortly.I, and your Committee, look forward to seeing as many members as possible there.
Regards, Brian
