Friday, 12 September 2025, 11:55
The Junta de Andalucía’s delegation of tourism, culture and sport in Malaga province has confirmed that the reopening of the Vistamar hotel, which operates under the name Vivemar, authorised by Benalmádena town hall in June 2024 violated the Andalusian law referring to tourist accomodation. This was set out in a resolution to which SUR has had access, which rejects the declaration of responsibility presented last June by the operating company, Vive Resort Management, a document similar to the one used a year earlier for the council to give the green light to its opening after it had been closed for a year.
The delegation of tourism highlights “contractual inconsistencies” and maintains that the contract used in the declaration of responsibility used as a way to reopen the hotel “does not constitute a valid legal title for the exercise of the tourist activity”. In this regard, it refers to the original lease agreement, which did not allow the operation of the establishment by a third party without the express authorisation of the owners, Promociones Los Nadales, and to the various court rulings that declared “the illegality” of contractual assignments such as those presented by the designated operator.
The non-compliance with the tourism law and the absence of a contract allowing the hotel to be operated was pointed out by a municipal technician in a 13-page report rejecting the reopening of the hotel. The document was replaced by that of the hierarchical superior, who gave the green light for the reopening based on an argument contrary to the one previously put forward in this same case. Previously, the evaluation had not considered the company’s right to operate the establishment and had postponed the verification of compliance with Andalusian tourism regulations to a later stage. However, the delegation makes it clear that “the absence of a legally enabling title” constitutes a breach of regional legislation. The 2024 reopening case was even more blatant, considering that the hotel was closed and a commercial sublease contract was used – a scheme that can only be employed when the business is operational.
Silence and criminal proceedings
In the case of the reopening, not only was there no authorisation from the owners, but what was on record was express opposition. Promociones Los Nadales appealed against the resolution that allowed their establishment to reopen. It used the same arguments used by the territorial delegation, but the town hall chose not to respond and used administrative silence to reject it. The illegal operation of the hotel and the alleged collaboration of the Benalmádena council was the subject of a criminal complaint by the owners, which is being investigated by the courts of Torremolinos.
The regional government cancelled the hotel’s inscription in the tourism register in December: the town hall knew about in February, and in May it signed the closure decree, but has still not executed it
The reopening of the hotel in June 2024, also denounced by the courts, was an administrative act that makes it possible for a hotel to remain open today, usurped from its owners, who have not received rent since 2019, and which is “clandestine” according to the law. The council signed on 6 May, before the supreme court declared final the sentence certifying the illegal operation of the hotel, a closure decree that four months later has still not been executed. The town hall has known at least since last February that the hotel is not registered in the Andalusian tourism register after it was cancelled in December 2024 following a complaint from the company that owns the property.