Supreme Court Rulings 2015: Update
Last year there were two Supreme Court rulings made against Anfi in which two perpetuity contracts were declared null and void on the basis that the membership was for a duration of more than 50 years. RDO concurred with Anfi's conclusion at the time that there had been a misinterpretation of the law in Spain as it applies to timeshare schemes in existence before Spain implemented the provisions of the first Timeshare Directive in 1998. Clarification was sought by Anfi earlier this year from the Property Register and Notary Head Office, which was responsible for authorising the registration of the pre-existing schemes...
ASA Ruling on Timeshare Relief UK
KwikChex, as part of the Timeshare Task Force initiative, recently challenged two testimonials in an email for Timeshare Relief UK, a timeshare relinquishment company, stated "10th ANNIVERSARY NEWS SPECIAL. FINALLY - A BREAK FOR TIMESHARE VICTIMS. New Rules aim to end decades of pressure-selling and release thousands of people from costly and unfair contracts. Thousands of Britons trapped in onerous timeshare or ‘holiday club’ arrangements ...
Mindtimeshare S.L.
After a number of years operating as both Head of RDO Enforcement and Director of Mindtimeshare, Alberto Garcia has asked to stand down from his current responsibilities, and has set-out his proposals for a re-structure of Mindtimeshare.As from March 2016, he will cease to run Mindtimeshare, which has now been converted into a limited company, Mindtimeshare SL. The new Director will be Pedro Picazo Senti, of the Valencia law firm, Picazo Associados. Pedro has worked with Alberto for a number of years as his legal adviser and also for some RDO members in the past, so comes to the position with...
ASA adjudication on Easy Consulting SL
Kwikchex, as part of the Timeshare Task Force initiative, recently challenged whether an advertisement on www.directresortsinternational.co.uk was misleading because it omitted what it believed was a significant condition that the prices of the holidays referred to were dependent on consumers attending a timeshare sales presentation, and failure to attend would mean incurring the full cost of the holiday accommodation. Kwikchex also challenged whether the statement that referred to holidays "at RCI… Affiliated Resorts" was misleading because it understood that the advertiser had no connection with RCI. Easy Consulting SL trading as www.directresortsinternational.co.uk did not respond to the ASA's enquiries. The ASA was...
Are We Becoming Today’s Thief Takers?
It is no secret that RDO has been battling with the on-line fraudsters over the past few years – fraudsters who damage the reputation of the industry, leave consumers cheated out of their money and legitimate developers losing valued owners who are poached/tempted by offers that never come to fruition. Before the solicitors representing some of these organisations start reaching for their writs in contemplation of issuing defamation proceedings, let me make it clear that I have no intention here of naming any individual organization at this stage. Not for fear of being sued – RDO has amassed ample evidence against...
Direct Marketing Commission recommends that Hollywood Marketing’s membership of the Direct Marketing Association is terminated
As a result of complaints made by Kwikchex, which runs the Timeshare Task Force on behalf of RDO, an investigation by the DMC (Direct Marketing Commission) into Hollywood Marketing, which runs sellmytimeshare.tv and monster.travel.com has resulted in a recommendation that Hollywood Marketing's membership of the DMA (Direct Marketing Association) is terminated. DMC reported that sellmytimeshare.tv provides an initial valuation of a timeshare and invites consumers to a meeting at one of its advice centres. During the meeting, consumers are introduced to Monster Credits as part of the trade-in deal. These credits are presented as a discount on travel and accommodation. Consumer vulnerability...
‘Kaiser’ Court Case Update
The higher Court of Justice in Las Palmas de Gran Canaria has come to a decision on the appeal filed by Mindtimeshare against the order made by the Judge in San Bartolomé Court to close the Voyager Travel/Lifestyle Holiday (‘Kaiser’) case. The appeal, filed by Mindtimeshare in July 2014, has been accepted, the Judge’s court order revoked and the case will now be re-opened. The original case commenced with the arrests of 74 people in 2013 at the offices and sales decks of Voyager Travel, Lifestyle Holidays and other associated companies. It is alleged that the companies made around €5million by defrauding...
ASA adjudication on Timeshare Solutions Ltd
KwikChex, as part of the Timeshare Task Force initiative, recently challenged two testimonials on the Timeshare Solutions Ltd website, questioning whether they were genuine as they also appeared on another website for a different claims company (although under different customer names). Although Timeshare Solutions Ltd initially said the similarities were down to the fact that the two companies operated in the same timeshare relinquishment industry, they later stated that they were not sure if they still held the testimonials because they were provided in 2014. They did, however state that they still held contact details for the individuals who had given...
RDO’s code of conduct gives enhanced flexibility to “legacy” timeshare owners
RDO (Resort Development Organisation) had been aware of the problems faced by some timeshare owners who bought their timeshare back in the 1980s and 90s, the so-called “legacy cases” when timeshare weeks were sold in “perpetuity” and could be up to 80 years in length. Given this background, in 2015 RDO updated its Code of Conduct to provide more options to owners who wished to relinquish (hand back, dispose) of their timeshare.RDO's updated requirements, approved by the Board, go over and above those covered by law and in addition to it being mandatory for members to have an overall exit...
Spanish Supreme Court Ruling 15 January 2015
We are aware of the ruling of the Supreme Court in Spain regarding the case of Anfi Sales SL v Grimsbo. We have been in and continue to be in close touch with Anfi management and their legal advisers to ascertain the up to date position. We understand from intensive discussions with Anfi’s legal advisers, and concur with their conclusion, that there has been a misinterpretation of the law in Spain as it applies to timeshare schemes in existence before Spain implemented the provisions of the First Timeshare Directive in 1998. We therefore believe, as does Anfi, that this case has limited...