The Mercantile Court number 1 of Malaga has decreed the launch of the kitchens, terraces and other common areas where the restaurant service is carried out. five-star hotel Guadalpín Banús for next July 3, at 09:30 a.m., which could imply the closure of the tourist establishment or the loss of the hotel category.
The court decision derives from a lawsuit filed by one of the multiple owners of the building, the company SPV, which acquired a credit right in 2019 within the framework of the bankruptcy of Aifos -the hotel’s builder and promoter-, although there are discrepancies regarding the ownership of the boundaries of certain spaces, and which is settled in parallel court proceedings.
Specific, SPV assures that it holds ownership of “14 apartments with 28 rooms and commercial premises” in the Guadalpín Banús hotel since 2019, date from which they have pointed out that they have not charged “not a single rent” for the rental of these spaces, as it is based on a model by which the properties are subjected to exploitation hotel, which is managed by the company Grisoma hotelera SL. Thus, they have indicated that they have only received “compensation of 200,000 euros for damages and legal proceedings” when the latter requested to postpone the launch in 2021.
“We don’t want to close the hotel”
“We don’t want to close the hotelWe have never asked for it. We do not have too many workers or the rest of the owners, there are too many managers”, they have pointed out from SPV, who emphasize that the solution to the conflict involves changing the managers of the hotel operator. “Let serious people come in” because Grisoma “does not pay the rent”, they have referred.
Specifically, they have specified that SPV It has 3 stores, the so-called A, F and G. The first corresponds to “a restaurant that is closed” and that was already handed over after a court order together with the apartments in May 2021, while the G includes “restaurants and terraces that overlook the beach” and F “the kitchens” of these. To this they have added that in June of that year, they sealed an agreement with Grisoma whereby both companies “recognised the boundaries and delimitation of premises A, F and G based on the Aifos plans.”
“Those who have to leave are the managers -of the hotel- because they are not businessmen and they are only going to take advantage of it ”, they have pointed out from SPV in relation to Grisoma. “We have not charged a single euro for the lease or for the premises or for the apartments.”
In this sense, they have criticized that in the last meeting held on December 21 of last year with the operating company, the latter proposed to pay in rental concept “10,000 euros per month” for “6,000 meters of premises on the beachfront and without any guarantee”.
In this way, from SPV they have remarked that they do not seek to “do harm”, but rather “the hotel can continue to be open with the workers and the rest of the owners”, as well as “recover” your assets.
Grisoma admits that he does not pay the rent
For his part, he director of the Guadalpín Banús hotel and representative of Grisoma, Ramón Pons, has stressed that “the rent is not being paid because SPV has the premises closed”, while ensuring that both the terraces and the kitchens belong to the “owner of the hotel services farm, with which the operating company (Grisoma) has a rental contract that is being fulfilled”. At this point, it should be remembered that the launch is dictated for premises F and G, where the terraces overlooking the promenade and their kitchens, which are providing services, are located.
In this way, he explained that “although SPV considers that the kitchens are his, there is another gentleman who also considers that they are his”, for which reason “the owner of the hotel services farm has filed a demarcation complaint so that the court determines what corresponds to each one”, and that is pending to be resolved.
“Yeah SPV did not have the will to close the hotelI would wait for the courts to determine which of the two owners owned the kitchens”, Pons indicated, who pointed out that SPV also has “closed its rooms” when “the rental price is the same as that of the rest” of the owners.
The director has indicated that “if it is determined by a court that SPV is the owner of these premises or these dependencies, such as the kitchens or the terraces, what you have to do is negotiate with the operating company the amount to receive as rent, but what you cannot do in any case is close it”.
The Court issues at least 3 release orders
He launch of common areas where the restaurant service of the Marbella hotel takes place, such as the terraces or the kitchens, has weighed on the five stars since 2021, with at least three delivery orders from premises F and G. The first of these was scheduled for May 18 of that year, but it was suspended after Grisoma requested a 3-month postponement “due to relocation works,” and that according to a court order dated October 20 – to which he has had access this newspaper-, “they were never executed.”
The document states that “Grisoma has formally handed over possession, but not materially”, Therefore, “SPV does not have possession of premises F and G”, of which it orders their “delivery before November 3” of 2021, with the launch scheduled for the 25th, which did not take place. Subsequently, he requests it again in March with a new order for April 21, 2022 and the last one is from May 4, 2023, which was not executed due to the strike of the Administration of Justice. According to several orders of the Court, “the farms are awarded as a certain body, according to the plans that work in the Aifos contest”, to SPV.