| WARNING: Onagrup can seriously damage your health … and wealth! Onagrup’s ‘Shocking Secrets’ revealed in the fight for Los Claveles |
| A War .. A Battle .. A Fight .. A Dispute. Whatever you call it, it is about fighting for what is yours … before it’s too late!! Irrespective of who you think is to blame for the dispute over control of Los Claveles – Onagrup … the Committee … Roger Barrow … the following facts (with solid associated evidence) cannot be disputed. They are presented below in as concise a manner as possible for your consideration. The length of this document is indicative of exactly what Onagrup is hiding – if the document appears overly daunting, we recommend you read, as a minimum, “SECRET No. 4 – Coercion or Extortion: ‘Tools of the Trade’ to Onagrup?”. Index to Onagrup’s 7 Shocking Secrets SECRET No.1 – Page 3 Onagrup is a Commercial Operation with growth and profitability at the top of its agenda. Onagrup has publicly revealed its pursuit of business growth through winning resort management contracts and, significantly, acquiring those resorts which hold commercial interest and opportunity. Los Claveles, our resort, is particularly attractive to Onagrup. SECRET No. 2 – Page 5 Obfuscation and Deception are the ‘norm’ for Onagrup There is a thin line between ‘sharp commercial practice’ and what might constitute obfuscation/deception. The Club Committee has first-hand experience of deception by Onagrup and some of its associates. SECRET No. 3 – Page 6 Onagrup Believes it ALREADY owns Los Claveles Sr Castro, in 2017, whilst giving evidence under oath in Arbitration 1 made this opening statement on the stand: “… when I purchased Los Claveles!’ SECRET No. 4 – Page 7 Coercion or Extortion: ‘Tools of the Trade’ to Onagrup? Coercion/Extortion has been frequently experienced by Los Claveles owners. For many owners the threatened ‘loss’ of their apartment creates a tangible fear. SECRET No. 5 – Page 8 Onagrup Corporation hides its activities behind a network of associates. Onagrup is, in reality, a subsidiary of Clubotel La Dorada S.L. Onagrup is one of many organisations which, on ‘face value’, appears to be separate entities but which, in practice, form a network of companies (subsidiaries and associates) which operate in conjunction with each other – think ‘Smoke and Mirrors’. SECRET No. 6 – Page 10 The Clubotel/Onagrup Corporation is engaged in many legal battles and investigations (including criminal fraud investigations by the Spanish National Police). The Clubotel La Dorada S.L/Onagrup entity has been/is being subjected to a great deal of investigation and litigation both civil and criminal, which, clearly, has made the organisation very adept in ‘legal warfare’ – experience through which it has developed its range of strategies and tactics. SECRET No. 7 – Page 10 Onagrup ‘pushes’ new ownership schemes as it seeks to maximise its profits and stay ahead of the law. Owners at resorts which are under the control of Onagrup have been ‘resisting’ new conditions and/or contracts which the company has sought to introduce or impose – irrespective of the owners’ thoughts about them. This change has usually entailed the exchange of a ‘fixed week’ to an alternative form of ownership. Against a backdrop of Onagrup taking over other timeshare resorts and turning them into hotels, Onagrup’s MD, Germàn Castro, has previously stated said that the entire cost of maintaining and servicing the resort, including all staff wages, laundry and cleaning materials, repairs and renewals, and even marketing, can be met by the timeshare owner. Underlying such thinking is that the ‘owner’ is principally a resource ‘ripe’ for exploitation. Creating a ‘living nightmare’ for those hapless timeshare owners at resorts, elsewhere, who have fallen into Onagrup’s clutches. If you think this sounds overly dramatic – think again!! As you will see below, hundreds of owners at other resorts have been bullied and harassed by Onagrup in its quest for larger profits. If you allow this company to gain control of Los Claveles you are not simply risking a week/weeks of holiday: you are bequeathing to yourself and family years of anxiety (Yes – your family! Onagrup will also pursue your estate or heirs). Thousands of hours of volunteer time are being spent trying to protect YOUR wellbeing and property. A resistance which is forcing Onagrup to continue its charm offensive whilst holding back its plans to exploit Los Claveles’ owners in its pursuit of profits. Some very important facts to consider as you read this report: 1 Almost uniquely in timeshare terms we actually own the resort. To repeat, you own Los Claveles – NOT Onagrup Vacations masquerading as WimPen of old! 2 Club weeks are owned by the Club and cannot be surrendered to Onagrup – those who have been encouraged to do this still own the weeks given to Onagrup. 3 Onagrup Vacations is an aggressive multinational commercial Company with a history of smoke & mirrors activity designed to cover the truth. 4 Despite a cloak of respectability their reputation for bullying and intimidating individuals, even after they have taken weeks from owners, is legion. 5 Everything you read here is fact, backed by evidence (if you are prepared to follow the links.) In lifting this ‘veil’ you will: * see the true nature of Onagrup and the battle in which the Committee, on your behalf, has been engaged. * gain a worrying insight into what you can expect in the future if Onagrup is successful in seizing control of Los Claveles. * ask yourself, what does this say about those individuals who still support and advocate on Onagrup’s behalf? * think again about who is telling the truth. SECRET No.1 – Onagrup is a Commercial Operation with growth & profitability at the top of its agenda. Onagrup has publicly declared its intent to grow its business through winning resort management contracts, acquiring resorts which hold commercial opportunity and expanding into other business sectors. Los Claveles, our resort, is particularly attractive to Onagrup, on several counts: 94% of Los Claveles owners are individuals who are geographically spread throughout the UK and Europe. If we/you allow it, fragmented ownership could make it relatively easy for Onagrup to take control, driving wedges between owners, i.e. ‘dividing and conquering’. This is the main purpose of Roger Barrow, purported President of the Development Owners Association (DOA), et al. Club members are contractually obligated to pay annual fees which provide a ‘guaranteed revenue’ to cover the basic running costs of the resort. Vacant weeks, can be rented (and are – see Booking.com, etc.) to ‘casual holiday makers’ at low/no cost to Onagrup, thereby improving income and profitability for Onagrup, not you. Onagrup’s MD, Germàn Castro, has said that the entire cost of maintaining and servicing the resort, including all staff wages, laundry and cleaning materials, repairs and renewals, and even marketing, is met by the timeshare owner. Therefore a business plan to ‘commercialise’ the resort (his words to the Committee), turning it into a hotel, is very attractive. It’s profit without risk to Onagrup. The risk, Club members, is to you. This concept was discussed at a 2015 Seminar in Tenerife entitled “Timeshare, A Key to the Future of the Hotel Business” which was attended by a number of hotel operators … and also by the late Ivan Pangelly, former MD of WimPen!! Onagrup, long before they acquired WimPen, was taking over timeshare resorts on mainland Spain and running them at hotels. In order to do this it made aggressive changes to owners’ rights in order to progress their plans: Ogisaka Gardens – sudden Extraordinary General Meetings were called to ratify seriously increased maintenance fees. At several resorts, owners were ‘encouraged’ to change their contracts to floating weeks or point systems (which are illegal) only to discover that vacant weeks were only available during the low season whilst high season weeks were ‘reserved’ for ‘casual holiday makers’ (rented at higher prices) sold through outlets such as Booking.com, Trip Advisor, On the Beach, etc. Los Claveles Committees acknowledge that commercial organisations need to make a profit, but your resort, Los Claveles, was set up by Wimpey as a ‘not for profit’ organisation. Early discussions which focussed on Onagrup’s plans to ‘commercialise’ Los Claveles, and the evolving public profile of Onagrup, led to the Committee’s concern that the ethics and practices of the company were incompatible with the needs of the Club and would inevitably lead to an exploitation of Club members. Multiple events since then, and reports in the media since 2015, confirm that the Committee’s instincts were correct. Examples, with links to click on, are listed below: |
| Source | Article Title | Language | Link |
| Lizarza Abogados (Solicitors) | Onagrup consolidates its presence in the Canary Islands” | Spanish | https://mixed-use-resorts.com/2015/02/25/onagrup-consolida-su-presencia-en-canarias/ English Translation |
| Preferente (Spanish journal on tourism news) | Onagrup buys a Diamond apartment resort from Lion in Mallorca | Spanish | https://www.preferente.com/noticias-de-hoteles/onagrup-compra-a-lion-un-resort-de-diamond-en-mallorca-246745.html English Translation |
| SECRET No. 2 – Obfuscation and Deception are the modus operandi for Onagrup. There is a thin line between ‘sharp commercial practice’ and what might constitute obfuscation/deception. The Club Committee has first-hand experience of deception by Onagrup and some of its associates: The first provisional award of Arbitration 1 in 2016 required that WimPen (under the control of Onagrup) should pay the Club Committee €125k to cover legal fees. However, despite being instructed by the Club’s lawyers and the Arbitrator to separate them, Onagrup continue to illegally hold the bank accounts for the Escritura Owners and the Club in a single account and used this to ensure that the Club couldn’t be paid. A WimPen employee, and owner of Escritura weeks, applied to the Spanish Court for an injunction to prevent Onagrup from making payment from the account without authorisation from all community groups. The case was settled out of court, unbeknown to the Club, because the judge was told by WimPen/Onagrup it was unable to contact the Club Chairman but that it could act on the Chairman’s behalf! At that time, Onagrup was heavily engaged with the Club Committee in the Scottish hearings for Arbitration 1. The ‘faux agreement’ was presented to the Spanish Court who accepted it at face value, which then translated into its legal judgement. Not Obfuscation, but Lies and Deception Club Administrator Hiro Bulchand discovered the case (whilst investigating delays in the Club’s other Spanish Court cases) and immediately initiated a number of successful appeals that eventually resulted in the original court order being overturned. A rehearing of the original case is now scheduled to take place (fully five years later!) in late November 2021. More deception featured in a Spanish legal hearing about the collection of maintenance fees at Los Claveles when WimPen/Onagrup submitted 2018 DOA AGM Minutes implying a consensus of all resort owners (Escritura & Club) that WimPen/Onagrup was authorised to continue collecting full maintenance fees. The minutes, drawn up by the purported DOA President, Mr Roger Barrow, were not an accurate reflection of the meeting by not recording the many challenges of AGM attendees. No reference was made about the general discord over the conduct of the meeting and the failure to record Club Member votes, despite the fact that the 2014 DOA AGM had passed a resolution to include Club votes in future AGMs. More Deception! The Spanish Appeal court amended the original judgement. WimPen/Onagrup was authorised to ONLY collect fees for the communal areas, e.g. the swimming pool, reception, restaurant, walkways etc., on behalf of the Community of Owners. The maintenance fees for Club owned property (Villas) were to be collected by the Club via the Committee/the Club Administrator. Despite the Spanish judgement, WimPen/Onagrup and the purported DOA President, Roger Barrow, continue to deceive Club owners by claiming that WimPen/Onagrup was authorised to collect all fees. There is further evidence in the reports, below, to show, that Onagrup’s acts of deception are not limited to our resort of Los Claveles. |
| Source | Article Title | Language | Link |
| Provincial Court in Santa Cruz | Successful appeal against the order preventing funds being withdrawn from the joint bank account. | English court | https://www.losclavelesowners.eu/index.php/public-docs#tenerife-provincial-court-appeal-judgement |
| Timeshare Consumer Association | “No Ona Amongst Thieves” | English | https://timeshareconsumerassociation.org.uk/2020/06/15/no-ona-amongst-thieves/ |
| El Pais (Spanish Daily Newspaper) | “The luxury vacation scam” article on Club Estrella Dorada, part of the Onagrup Group” | Spanish | https://elpais.com/diario/2007/07/20/sociedad/1184882403_850215.html English Translation |
| SECRET No. 3 – Onagrup Believes it ALREADY owns Los Claveles. The WimPen websites, operating under the banner ‘WimPen by Onagrup’, currently claim that it manages Los Claveles as a resort within a portfolio of 7 operations located throughout the Canary Islands and mainland Spain. However, this representation is very much at odds with the press release which Onagrup issued in 2015, following the acquisition of WimPen, and the claim made by Sr Castro giving evidence under oath in Arbitration 1. His first statement on the stand was: ‘… when I purchased Los Claveles’. The press release (see the link below) was contained in a blog site operated by Spanish lawyers Lizarza Abogados. When challenged, by owners, in 2015, about the truth/accuracy of Onagrup’s ‘ownership claims’, the response was that the press release had been misinterpreted and that the owner making the challenge should check his facts. A rather bizarre response, given that: (1) The article is marked “COMUNICADO LITERAL DE ONAGRUP” or “literal Statement from Onagrup”. (2) A lawyer would, surely, be less likely to “misinterpret” and or misrepresent a press release than might a journalist. (3) Lizarza Abogados has an established relationship with Onagrup having been engaged in Onagrup’s acquisition of another resort Cala De Mar. Francisco Lizarza is Onagrup’s legal representative at its Alanda Club Marbella. The press release was reproduced by one of Onagrup’s associate lawyers and not by a journalist. The significance of this is twofold: * Onagrup’s preparedness to tell very different stories to different groups dependent upon circumstances – as alluded to under Secret No. 2. * Onagrup’s clear belief that it owned Los Claveles and despite now acknowledging that it does not own your resort it is determined to continue to pursue the myth. |
| Source | Article Title | Language | Link |
| Lizarza Abrogados (Solicitors) | Onagrup consolidates its presence in the Canary Islands | Spanish | https://mixed-use-resorts.com/2015/02/25/onagrup-consolida-su-presencia-en-canarias/ English Translation |
| Scottish Courts Arbitration 1 | Arbitration 1 | English | https://www.losclavelesowners.eu/index.php/public-docs#part-award-arbitration-1-august-2017 |
| SECRET No. 4 – Coercion or Extortion: ‘Tools of the Trade’ to Onagrup? “Coercion” (a criminal or civil offence dependent upon context) is the act or process of persuading someone forcefully to do something that they do not want to do. “Extortion” is the crime of obtaining something from someone, especially money, by using force or threats. Coercion/Extortion has been frequently experienced by Los Claveles owners who choose to uphold their integrity and adhere to a former commitment by paying their maintenance fees to the Club (as required by their contract and law) but who have, subsequently, been ‘threatened’ by Onagrup (or an associated debt collector) to pay them also/or instead. Threatening that Club members not paying them will (i) be subjected to legal action, (ii) be refused access to their apartment, or (iii) have their membership cancelled. For many owners the threatened ‘loss’ of their apartment engenders a tangible fear, particularly aging owners and/or those who have ‘invested’ tens of thousands of pounds/euros into buying their weeks at Los Claveles. Many more fear the actions of a company known for their bullying and intimidatory actions. Onagrup is not averse to taking more physical action in seeking to impose its will on those which it views as recalcitrant owners. Senior company employees have: * Verbally and physically assaulted an owner/Committee member, who was attempting to help other owners who were struggling with/resisting Onagrup’s demands for additional monies for access to their apartments. * ‘Laid siege’ to a family which due to an ‘administrative error’, by Onagrup staff, had been allowed access to their apartment without paying Onagrup’s illegal ‘additional charges’. In an attempt to increase pressure Onagrup turned off the utilities serving the property leaving the family locked in and in fear. Judging by the repeated reports across the media this ‘pattern’ of behaviour by Onagrup is not unique to Los Claveles. The two articles, below, describe particularly ‘heavy handed’ behaviour from Onagrup in its quest to ‘extract’ funds from owners, at resorts under its control. The Club Committee knows that WimPen/Onagrup has accepted illegal ‘hand backs’ from owners at Los Claveles, under the guise of benevolence, and a small part of the Onagrup programme of propaganda (‘We are the nice guys’) as it continues to battle with owners who are resisting Onagrup’s take-over of the resort. Aside from remaining on the resort, despite its Club administration contract ending in 2017, this is the most devious and dangerous action on Onagrup’s part at Los Claveles. By accepting surrendered weeks Onagrup is accumulating weeks in order to use the associated voting power to force through decisions to its benefit (and to the detriment of legal owners) as we’ve seen at recent DOA AGMs. Onagrup has used its majority Escritura votes to: * place one of its associates in the position of President * awarded itself long term contracts In the upcoming 2021 DOA AGM WimPen/Onagrup has a resolution that, in reality, provides the opportunity for Escritura owners to vote to remove the ability for individual Club Owners to have an input on any DOA matters, even though it is presented otherwise. Despite the written statements from the late Mr Pengelly, Wimpen’s MD, intended to safeguard owners when he sold his Administration Company (NOT THE RESORT) to Onagrup, there is a very real risk of Onagrup gaining control/ownership of Los Claveles, and acting true to form, transfering ownership of the resort to another subsidiary. |
| Source | Article Title | Language | Link |
| European Consumer Claims | “Desperate” Spanish timeshare company’s “heavy handed” tactics after begging members for extra cash | English | https://www.mynewsdesk.com/uk/european-consumer-claims/blog_posts/desperate-spanish-timeshare-companys-heavy-handed-tactics-after-begging-members-for-extra-cash-97647 |
| Timeshare Consumers association | “No Ona Amongst Thieves” | English | https://timeshareconsumerassociation.org.uk/2020/06/15/no-ona-amongst-thieves/ |
| Club Los Claveles and Onagrup | Handback confirmatory email | English | https://www.losclavelesowners.eu/index.php/public-docs#wimpen-handback-confirmatory-email |
| SECRET No. 5 – Onagrup Corporation resembles the mythical multi-headed monster (‘The Hydra’) using associates to deflect or disguise its activities. Onagrup is, in reality, a subsidiary of Clubotel La Dorada S.L. Onagrup is one of many organisations which, on ‘face value’, appears to be separate entities but which, in practice, form a network of companies (subsidiaries and associates) which operate in conjunction with each other. Think ‘Smoke and Mirrors’. Companies can derive many benefits from organising themselves in this way in order to: * allow their respective managements to focus on the needs and requirements of the individual markets they serve, thus better serving the individual (reasonable business practice) markets/customer groups and/or perform separate business activities. OR * ‘shield’ the companies within the group from ‘problems’ which might be experienced by one subsidiary, such as customer reputation, financial and/or legal – particularly if the companies are registered and/or operate as separate entities. Onagrup or Clubotel La Dorada (however you choose to refer to them), seemingly, have chosen to create a very complex corporate structure. Companies that are currently perceived to be operating within this network include: Clubotel La Dorada, Onagrup, Wimpen, Club Estela Dorada, Excel Hotels & Resorts SA, Resthotel SA, Medhotel Group SL. This does not include a host of sales and marketing companies that have been shown to use high pressure and dubious techniques through which Onagrup/Club La Dorada have sold their Timeshare products. Contracts sold by these companies often being cancelled, along with compensation, by Spanish Courts. These marketing companies include: Blue Millenium, Consulting Mobiliaria, New Terra Nostra, Club Rumb Estela. The Los Claveles Club Committee has first-hand experience of Onagrup using third party companies as a ‘front’ for its activities. This in relation to Onagrup’s claim that it sold 1200 Club weeks to 7 companies – for which it has repeatedly tried to use the proxy votes in Club AGMs. These weeks are the property of the Club. Research into just two of these seven companies has raised huge question marks about the authenticity of these companies. Further research suggests that some of the companies do not even exist! (see the Report). |
| Source | Article Title | Language | Link |
| Timeshare Advice Centre | “A substantial loss for Onagrup” | English | https://timeshareadvicecentre.co.uk/news/20190526-a-substantial-loss-for-onagroup |
| Nordic Consulting | “Beverly Hills Club another excuse for not paying owners in 2019 and 2020” | English | https://www.nordicconsultingci.com/beverly-hills-club-another-excuse-for-not-paying-owners-in-2019-and-2020/ |
| Rubio Morales & Bormass (solicitors) | Owners win their case at Ogisaka Garden | Spanish | https://www.rmbabogados.es/sentencia-ogisaka-garden-onagrup-absuelve-a-los-socios-afectados-cuotas-mantenimiento/ English Translation |
| Rubio Morales & Bormass (solicitors) | Owners win their case at Club Estela Dorada | Spanish | https://www.rmbabogados.es/sentencias-blue-millenium-club-estela-dorada-onagrup/ English Translation |
| European Consumer Claims (ECC) | “Over 400k awarded in record week for our legal team. | English | https://ecc-eu.com/latest-victories/20210419-over-400k-awarded-in-record-week-for-our-legal-team/ |
| Canarian Weekly | Investors in Palm Beach take matters into their own hands. | English | https://www.canarianweekly.com/posts/investors-palm-beach-matters-own-hands |
| Los Claveles Club | Investigations into 2 of 7 companies receiving the Club’s cancelled weeks. | English | Report |
| SECRET No. 6 – The Clubotel La Dorada/Onagrup entity is engaged inmany legal battles and investigations (including criminal fraud investigations by the Spanish National Police). The Clubotel La Dorada S.L/Onagrup entity (see Secret No. 5) has been/is being subjected to a great deal of investigation and litigation both civil and criminal, which, clearly, has made the organisation very adept in ‘legal warfare’ – experience through which it has developed its range of strategies and tactics. Onagrup’s undoubted ‘experience’ goes some way to explain why after 6 years, the Club is still engaged in a legal battle against this company. It also demonstrates that the Club dispute is a genuine fight, the longest one in the life of Onagrup! Importantly, the articles highlighted in this report reveal that Onagup et al is frequently beaten by a determined, tenacious and persistent opponent which simply refuses to give up – such as the Los Claveles Club Committee. The links provided within this document point to a number of articles describing the litigation in which Onagrup/Onagrup’s associates are engaged. NOTE how many articles chronicle Onagrup’s activities in exploiting owners for its own financial gain. In particular, your attention is directed towards the article below that was posted by the Timeshare Consumers Association reporting on Excel and its involvement with Silverpoint, the nature of which is under criminal investigation by the Spanish National Police. |
| Source | Article Title | Language | Link |
| Timeshare Consumer Association | “ The Continuing Saga of Silverpoint” | English | https://timeshareconsumerassociation.org.uk/2021/07/07/the-continuing-saga-of-silverpoint/ |
| SECRET No. 7 – Onagrup sells ownership schemes as it seeks to maximise its profits. Owners at resorts which are under the control of Onagrup have been ‘resisting’ new conditions and/or contracts which the company has sought to introduce or impose – irrespective of the owners’ thoughts about them. This change has usually entailed the exchange of a ‘fixed week’ to an alternative form of ownership. The obvious question is why would Onagrup wants owners to exchange their ‘fixed weeks’? Amongst the ‘favoured’ proposals put forward by Onagrup, even as late as 2020, are: (i) Exchange their ‘fixed week’ to another week at another resort (ii) Exchange their ‘fixed week’ to a ‘floating week’ or ‘points system’ (or variations on the themes) Floating Weeks –which do not provide any fixed date for an owner to occupy their apartment but rather defines a time period (i.e. months) during which the owner can use an apartment. Both schemes were declared illegal by the Spanish Courts. In this context, it is rather bizarre that Roger Barrow who at the time was the Chairman of owners at Las Casita (and now the purported President of the DOA at Los Claveles – elected on the basis of Onagrup’s proxy votes) was actively promoting Onagrup’s proposals. In ‘persuading’ owners to ‘exchange’ their contracts, Onagrup has employed both ‘carrot and stick’ to achieve their aim. The ‘carrot’ approach has included the proposal of alternatives with ‘contrived benefits’ whilst the ‘stick’ has simply comprised an ultimatum by Onagrup – Owners cowered into accepting the alternate due to Onagrup’s financial and legal muscle. The articles contained below indicate how members of the legal profession perceive Onagrup’s proposals. |
| Source | Article Title | Language | Link |
| Ascoe (Association Espanola de Afectados por La Multipropredad) | “Onagrup Cierra El Complejo MARINA ARPON (La Manga Del Mar Menor)” | Spanish | https://ascoe.es/onagrup-cierra-el-complejo-marina-arpon-la-manga-del-mar-menor/ English Translation |
| Rubio Morales & Bormass (Solicitors) | Affected Club: La Dorada el Tarter | Spanish | https://www.rmbabogados.es/afectados-club-la-dorada-el-tarter/ English Translation |