Clients of The Nordic Consulting, Mr and Mrs Sneddon, have won their court case against Excel Hotels & Resorts SA (“Excel”). They successfully sued to cancel the rental agreement with the hotel for their apartment G005 Beverly Hills Club “The Suites”.
Ruling on the 17th of September the judge has given Excel until 9th of November to hand over the apartment. He also ordered the hotel group to pay the costs of the plaintiffs.
The Sneddons asked the Spanish courts to give them their apartment back, after they signed a five-year contract that left it in the hands of the hotel.
They had two main complaints:
i) the hotel had not been paying them on time and
ii) the rental contract was “abusive” because it is not clear how much money the Sneddons should be paid.
In addition to this, the Sneddons felt that they were initially coerced into signing the onerous contract. It contained many clauses that they were unhappy with. Outside of May and June they could only use their apartment for 4 weeks a year, this being “subject to availability”, and incurring a nightly charge of €41.
With these clauses the Sneddons had been trapped – they couldn´t use the apartment as much as they wanted and they couldn´t sell it for a reasonable price on the open market.
Now the Sneddons will be free to use their own apartment all winter without additional charges. They will also be able to achieve a much better price should they decide to sell their property.
Nordic Consulting CEO, Ali Farhoud said about the eviction ruling: “This court victory proves that with the right legal team behind you it IS possible to fight and win against a big corporation! Well done to the Sneddons for standing up for their rights!”