New contracts

Contracts Rights and law

With the new interpretation of the Spanish Timeshare law 42/1998 since 2015 by the Supreme Court in Madrid and with the new Spanish Timeshare law 4/2012 the contract duration is limited to maximum 50 years and only fixed weeks with apartment number and week number are allowed which optionally can be exchanged at Anfi internal in Anfi Vacation Club (AVC) over all clubs or external. The contract duration limitation is since 2017 already part of the club constitutions.

Anfi has the legit right to withdraw so called ‘illegal’ contracts to comply with the Spanish Timeshare law if the new contracts do not contain any disadvantages and in particular restrictions for members with regard to the further use of the rights of residence.

This is the case because you can still exchange earlier so-called ‘flex weeks’ in the AVC replaced now by fixed weeks, the contract period is limited to 50 years, but with a free extension of another 50 years. There are no disadvantages to contracts with fixed weeks anyway. There are also advantages as you have now the legal right to end the contract (without money return).

If the annual membership of AVC is left you can exchange in the so called Anfi Flex system in your home club with automatic renewal after a 5 years period. In case you leave this exchange system you can use the fixed weeks. The only problem is that you cannot choose the fixed weeks because this weeks exist already with the old contract but are not mentioned.

From this it can be concluded that most of the plaintiffs are not concerned with illegal contracts (illegal at court but not by use), but with the welcome opportunity to withdraw part of the purchase price by leaving Anfi for personal reasons. But it is also true, that Anfi makes no reasonable offer for those who want to end the membership.