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José M.
José M., Attorney
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Experience:  Spanish Attorney
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I live at La Manga and this question relates to payments made

Resolved Question:

I live at La Manga and this question relates to payments made each year in relation to sporting rights.

The Constitucion de Hipoteca (Sporting Rights Agreement), clearly states at Article 2 that in compensation for the annual fee paid by the owner of a property he/she, or any person occupying the property, will have access to the Golf Courses and sporting facilities of the Urbanisation with a reduction of fifty percent on the tariffs in force at every moment. Nowhere is it stated, or implied, that “any person” means a close relative, although this is now beind enforced by the owners of the golf course.

The main question raised by this agreement is what is meant by “the tariffs”? For most of us we have come to accept that this means the General Public rate presented to us by La Manga Club. However, it does seem that the General Public rates that we are being presented with are, perhaps, artificially high and are not the true rates presented to the General Public. I have looked at a couple of web sites and checked out what is being show to the General Public as the course rate. Typical examples show the current rate “in force at the moment” as being Euros 91 and not the Euros 179 presented to owners. If this is the case, in order to comply with the terms of Sporting Rights agreement, Owners should be paying no more than Euros 45 for a round of golf but they are paying around Euros 70.

The annual fees are comimng up for payment and many owners feel that La Manga club is not keeping its part of the contractual agreement. What should we do? Should we get a court ruling on the meaning of "the rarrif"? and should we set aside this year's payment with local lawyer until a clear definition is given?
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi Sir

Attorney3044 :

If the place its open to the public they must show the prices

Attorney3044 :

If they do not do it you coulod denounce them in the closer consumer protection service

Attorney3044 :

Prices has to be at the sight of the public in all public places

Attorney3044 :

So, that the way to get the fear 50 per cent off in the fees

Attorney3044 :

Force them to show the public prices sheet and if they put a hight price they will lose business

Attorney3044 :

I will be here if you need more information

Attorney3044 :

Thank you

Customer:

They do show the prices in "Golf Administration", but these are the inflated ones. We know that the General Public is booking rounds of golf, prior to arrival, and obtaining the lower price that I have quoted.

Attorney3044 :

The answer will be to get bills with the rates they are really charging customers and denounce them in the closer consumer service

Attorney3044 :

Get bills from clients or even ask for a budget and you will get the real prices

Attorney3044 :

With the probes we could denounce them

Customer:

I have a couple myself. I booked, on line, for two members of the General Public, I got the Euros 91 rate. What is the "closer consumer service"?

Attorney3044 :

In the city hall of the village you are if available or in the comunidad of murcia

Attorney3044 :

I think its better in the consumer service of comunidad of murcia

Attorney3044 :

Usually this services works very good

Customer:

In English law many would see this as a breech of contract. Should we withhold this years payment until the issue is resolved?

Attorney3044 :

It depends on the penalty you have sign with them

Attorney3044 :

But its a very good way to force them to reduce prices

Attorney3044 :

Demand them in court and deny the pay until judge decides

Attorney3044 :

Good idea

Customer:

Many thanks. The penalty, they claim, is that they have a mortgage on all properties and could sell them to pay for the withheld fee.

Attorney3044 :

That threat sounds like a bluff, is not credible

Customer:

The penalty, they claim, is that they have a mortgage on all properties and could sell them to pay for the witheld fees

Attorney3044 :

That threat sounds like a bluff, is not credible

Attorney3044 :

They can no do that, even if we demand them at court

José M., Attorney
Category: Spain Law
Satisfied Customers: 4858
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

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