Ending a contract

NubloBy the Spanisch timeshare law resorts have no obligation to buy weeks back. Further more there is no legal possibilty to end a contract other than by breaking it by not paying the maintenance fee. In this case the week is given back to Anfi for nothing and Anfi can sell it again for normal prices.

Other possibilies are:

Resale market

The only possibility besides Anfi’s buy-back program, if available, is the private resale market.

RDO exit program

By the end of 2012, all Resort Development Organisation (RDO) members, where Anfi is member too, were required to have some form of an exit programme in place, and, additionally, any deserving cases – for example due to ill health or old age – had to be dealt with swiftly and sympathetically. The RDO Board has since required members to allow exit in the case of the death of an owner whose spouse or family does not wish to keep the timeshare and also in the event of the personal bankruptcy of an owner. According to the RDO, this programme of self-regulation is proving to be effective and it has urged non-member companies to adopt similar schemes that protect the interests of owners.

Here the RDO text:

Not just news but important to know: Since 2014 the RDO (Resort development organisation) where Anfi Group is member, publishes the ‘Code of conduct for surrendering timeshare’:

“In the event of the death of a joint owner, the surviving owner can surrender their timeshare if they wish and additionally, the beneficiaries of a will are not obliged to take on the timeshare if they do not wish to do so.

If a sole owner or either of the joint owners is suffering from a long-term illness that prevents them from travelling to their resort for the foreseeable future, the timeshare interest may be surrendered.”

Nothing is said about what the resort pays back for the weeks. That may change from one resort to the other and is not published by Anfi. Normally you would expect that this is more than you get by a buy-back program.

Transfer as a gift

Anfi contracts and club constitutions include the right to transfer the contract to ‘any’ person (even a person you meet in a pub down the street) as a gift, with the only obligation to pay the maintenance fee and to agree to the club constitution.

Transfer to children during your life time

If your children want to inherit the weeks they can be made outright or joint owners during your life time. Joint owners require that one child in the certificate is on the top of the list of owners and gets the maintenance bill and communication from Anfi. How the fee of the maintenance bill is shared and how the weeks are used on a yearly basis is a private agreement in the family. The certificate can be updated by a small fee to allow this.

It is important to note that a certificate with joint owners is not a replacement of transfer under your will, see next.

Transfer under your will

Transfer to ‘any’ person including your children and relatives is possible under your will with the only obligation for the beneficiary to pay the maintenance fee and to agree to the club constitution. Anfi Customer Service needs the testament and death certificate to transfer the week(s) to the beneficiary.