Posted in United Kingdom forum
I have registered as ex Anfi (35351) C.D.N. so as not to leave any ambiguity as to who is making these posts. 35351 was my employee number at Anfi and C.D.N. are my initials. There have been many other Court cases since this original ruling and is now JURISPRUDENCE in Spain.
There is a news article on a Court ruling in Spain which can be found in the “Canary News” (headed “Ground-breaking” Supreme Court ruling on Timeshare in Spain. Dated 16th March 2015), and there have been many other Court cases since this original ruling which is now JURISPRUDENCE in Spain.
There are 2 websites which have many good references and if you search their NEWS items, you will find some interesting information and guides. For those not fluent in English, I would suggest you use Google Translate. The 2 websites are, Timeshare Consumer Association and TESS, Timeshare.
Due to another posting elsewhere on another Timeshare forum titled “Owner of Anfi Company jumping sinking ship” which can be found in “eldiario.es” (headed “Santana Cazorla se refugia en Marruecos” “Santana Cazorla takes refuge in Morocco”. Dated 17th August 2016). I added a comment to that forum which read “The Captain may be jumping ship, but the same crew will continue with their waves”.
I was employed at Anfi Del Mar from Monday 28th July 2014 until Monday 7th September 2015, when I was UNFAIRLY DISMISSED.
I will be posting factual events and will be able to provide both evidence and witnesses to any Court, should Anfi Del Mar decide to seek legal recourse.
Although emails may not admissible as evidence in Spanish Courts, they are automatically timed and dated. I can type a statement at any time using the emails as contemporaneous notes.
During my time at Anfi, I was aware that an outside UK Agency had been employed by Anfi to monitor the internet for detrimental postings and comments. I am making postings on a number of websites, including the languages:
Czech, Danish, Dutch, Finnish, French, German, Icelandic, Italian, Norwegian, Polish, Portuguese, Romanian, Russian, Serbian, Slovak, Slovenian, Spanish, Swedish, Turkish and Ukrainian.
In 1997 I discovered I was the victim of an ID Fraud which had begun in 1995. In August 2015, I saw my personal details were on display for other employees and occasionally members of the public to see. Having brought this issue to a supervisor’s attention, I received the proverbial Foxtrot Oscar.
On Thursday 3rd September 2015 I sent an email to the Sales Director with a CC copy to the Human Resources (HR) Department, pointing out a breach of the Data Protection Act (LEY Organica 15/1999, de 13 de Diciembre, de Proteccion de de Datos de Caracter Person) and a breach of the Human Rights Act (LEY de La Comision Nacional de Los Derechos Humanos Denominacion de la Lay reformada DOF 26-11-2001).
On Monday 7th September 2015, I was dismissed for “upsetting” the Anfi Del Mar IT department.
A document dated 7th September 2015, signed by the HR Director and signed by myself on 22nd September 2015 and I quote;
“With the signature of the present agreement, the employee entirely accepts all what is stipulated in it, including the indemnification payment for the dismissal admitted as unfair by the Company that is above detailed. Therefore, the employee declares to have been paid all what is due to him, and with the receipt of the said indemnification because of unfair dismissal received by the employee as stated in the present document, the labour relationship between the parties is solved, having no right by any means to lay further claim. As well, he compromises to desist from any legal action put before the signature of the present agreement, as well as not to put any further claim later” Unquote.
The “no further claims” ONLY relates to my dismissal being unfair. There was or is not, any other agreement in force.
As from today, I will be posting on this and many other websites, various topics some of which are listed below. I will be going into more detail on each individual topic. Due to the amount of postings I will be making weekly, I will be unable to discuss the issues mentioned until all my postings are completed. I will then be happy to discuss any matters relating to the same.
I will be pointing out a number of Laws Anfi Del Mar breached or allowed their Employees to breach besides those posted here, including for example;
A) Abuse of Authority by the British Cold Line Sales Manager.
The current Employment Act in Spain is Real Decreto Legislativo 3/2015, de 23 de octubre, which came into force on 13th November 2015.
However, the Employment Law in Spain covering my time at Anfi was Law 56/2003 of 16 December, which was valid until 13th November 2015.
B) How Anfi Del Mar are circumventing the current Timeshare laws, namely;
Spanish Timeshare Act Ley 42/1998 which came into force on the 5th January 1999, the European Union Directive 122 of 2008 which came into force on 16th March 2012.
C) A major Holiday Company/Tour Operator are also circumventing the Spanish Timeshare Act and EU Directive when providing Anfi (and other RDO/TATOC companies) with clients for presentations.
D) Threats of violence.
E) Breaches of the Health & Safety regulations, Spain.
Number 155 ILO Convention on the Safety and Health of workers, June 22 1981, ratified by Spain on July 26 1985.
Royal Decree 486/1997 of 14 April establishes the minimum requirements for Safety and Health at the workplace.
F) A full explanation of “The Anfi Way
There will be other topics brought to this forum.
If this posting is removed, there are many other websites I am posting on and I am sure those sites will want to inform their members and Timeshare owners in general.
posted by in United Kingdom forum
The following 2 Laws are not a “guide” “hint” or “suggestion”, BUT, 2 Laws that govern the sale of Timeshares in Spain.
Ley 4/2012 Artículo 7. Publicidad.
(2) En toda invitación a cualquier acto promocional o de venta en que se ofrezca a un consumidor directamente alguno de los contratos regulados en esta Ley, deberá indicarse claramente la finalidad comercial y la naturaleza de dicho acto.
Law 4/2012 Article 7. Advertising.
(2) Any invitation to any promotional event or sale that is offered to a consumer directly any of contracts governed by this law, shall clearly indicate the commercial purpose and nature of the Act.
E.U. DIRECTIVE 2008/122 Article 3. Advertising.
(2) Where a timeshare, long-term holiday product, resale or exchange contract is to be offered to a consumer in person at a promotion or sales event, the trader shall clearly indicate in the invitation the commercial purpose and the nature of the event.
In reality, this is what you are more likely to hear from the VPR (OPC, Kids on the street).
“I work for the Local Council promoting tourism”.
They DO NOT WORK FOR THE LOCAL COUNCIL/TOURISM BOARD. They are employed by the company. They are (probably, because not all OPC,s are) licensed by the local council, however, this is only the first lie (breach of the 2 Acts) you will encounter that day. More will follow on this subject.
You will then be “scratchcarded” and guess what, you win the super duper 1st prize (almost certainly a 10 euros mobile phone). Now watch the OPC/VPR do cart wheels coupled with large bursts of energy as they dance their previous night’s excessive intakes from themselves. Those of you reading this will have no doubt seen this in operation a number of times.
The VPR/OPC will then tell you “just say yes to everything the girl says in reception, you only have to stay 20/30 minutes to get the gifts”.
During my time at Anfi Del Mar, the reception staff were and probably still are, on a bonus for every client they “check through the reception”. They will half-heartedly “go through the motions”. It’s not in their own best financial interests to block a guest from taking the presentation.
The guests are then collected from the reception by a Sales Representative.
At some stage, whether this be 20 minutes or more, some guests will say they want to collect their prizes and leave. It is then the Sales Representative informs the guests they have agreed with the reception staff to take a 90 minutes presentation in order to qualify and collect their gifts. This causes a lot of anger and aggravation with some guests.
In fact, I was approached by the Sales Director from Anfi Del Mar on Thursday 9Th July 2015, and he asked me to put a report in regarding issues and incidents with guests. I submitted an email to the Sales Director that evening. The email I submitted refers to 2 incidents. The first incident I referred to was a client who had been brought in by a representative from a major tour operator/holiday company (will be explained in more detail at a later date). The second incident I referred to was a client who had been brought in by a VPR/OPC on Monday 6th July 2015. The guest on this occasion had thrown their gifts in my direction and stormed off saying (with expletives) that he was going looking for the VPR/OPC and referencing violence towards the VPR/OPC.
My email also quoted to the Sales Director, at least 80% of the clients have no idea what they are attending, although some of them have their suspicions of a Timeshare presentation.
During my time at Anfi Del Mar, I also witnessed a good number of incidents involving guests and other Sales Representatives in and around the reception area.