Hmm... I did double check. I am booked for the Grand Belive But ok, its still a while till i fly down there. And sure Nothing against a round of pool and a couple of drinks downtown
Wow Dangers. Great info. I don't know you but you seem to have your finger on the pulse of the situation, and intimate knowledge thereof. I enjoyed your relatively concise recap. It would have taken me 4 x the space it took you to provide all of the details. Gracias
Just a quick update, following a sharp rebuttal to the defendant (Intertravel/Globalia) in the case regarding motions filed, by the presiding judge from the US Federal District Court, the case has now been moved to the US Federal Circuit Court of Appeals in an attempt by Intertravel/ Globalia to overturn the temporary restraining injunction against them regarding the marketing of the 10 Mexican Oasis Resorts. The plaintiff TravAmerica has responded with a cross appeal to halt the removal, and the case is in discovery, waiting to be heard, provided all proper filings are made to the court, by all parties to the case. From my understanding, there's also a case in the Federal Court in Florida being heard where Oasis Hoteles parent corporation is seeking international recognition of the arbitrator's decision from Luxembourg earlier this year. Of note, most courts, hold in very high regard, contractual binding arbitration awards previously decided. There's also legal action ongoing in Mexico's courts at this time based on my understanding between the parties initiated by Oasis Hoteles against Globalia et al.
me and two friends have just booked in the be live cancun for spring break from england, they said the hotel is near full accomodation
Below is a series of cross posts (my own) from T/A that outlines and updates the situation a bit on the BeLive/Oasis Resorts. Some of the info is new and some of the info has changed in detail as more has come to light on the situation as noted by later dates; 12/08/10: From my current understanding of the situation, the injunction remains in place and the venue has been moved to US Circuit of Appeals as InterTravel/ Globalia seek to have the injunction removed along with dismissal of the entire lawsuit against them with TravAmerica obviously contesting any removal in a counter appeal. Currently, legal briefs, statements etc are being filed by both parties, most recently a formal request to remove the injunction by Intertravel as of late November that to my knowledge the Appeals Court has yet to rule on. Notably, in their appeal, InterTravel/Globalia is claiming major financial distress due to the injunction and actions taken by TravAmerica, primarily due to occupancy or lack thereof. Basically, from the US Court side in Georgia, the injunction remains until further notice. An additional case involving the parties in Florida seeking the US Court to recognize and enforce the previous arbitration award in favor of the DBA Oasis Hoteles has been dismissed, not for lack of cause but improper venue. Additional cases involving the opposing corporate entities and their affiliates are ongoing in Mexico and Europe. For those following, key dates externally appear to be between early April and May of 2011 based on the Oasis Hoteles won arbitration decision in Luxembourg. The base leasing/ commercialization agreement between the parties was initially started in late 2006 and expected to end in 2017. The arbitration award to Oasis Hoteles in April of 2010 allows for a turnover period of 10-12 months from the award by Globalia and it's affiliates. It's far to complicated to get more detailed here but as I understand it, the injunction remains in place. Also, Preferente is reporting that travel giant Globalia's Hotel Division is reporting major financial losses excluding their legal battle with Oasis Hoteles for what it's worth. JMO -------------------------------------------------------- 12/21/10: Just a brief update on this one from what I've seen, the current injunction, et al, court battle in a U.S. Federal Appeals Court continues with motions being filed by TravAmerica (affiliated for associative reading purposes here w/ Oasis Hoteles) as of yesterday 12/20/10 in response to InterTravel/Globalia. An earlier story from "Preferente" on 12/10/10 has stated that the two sides were negotiating an out of court(s) settlement and had been working at it for 3-weeks prior to the 10th, and that a settlement may be near as both Oasis and Globalia senior corporate officials, including direct ownership, were involved. It appears as the clock ticks and more money flows down the metaphoric drain, the sides are seeking to extract themselves from each other with a minimal of financial pain as can be expected with the courts leaning slightly more to Oasis Hoteles and their corporate affiliates et al as opposed to Globalia's favor. Oasis Hoteles for their part seem intent on the very least in receiving what they believe was their just due award from the Luxembourg Arbitration decision; with Globalia attempting to negotiate from a point of strength only in actual continual resort possession, attempting to financially and legally leverage the Oasis Hoteles et al in reducing the compensation. Just My Opinion... ---------------------------------------------------------- 01/06/11: A brief update on this as the US Federal Appeals court continues to hear motions from both parties as to whether to lift the "commercialization injunction" in favor of Globalia et al, a decision to my knowledge that has yet to be forthcoming. As previously mentioned, regardless of the Injunction Appeal, the Federal District Court of Georgia has stated its intent to hear this case in January/2011 regarding the commercialization rights, whether the court delays due to the injunction appeal has not yet been clearly stated. Indications are that as of October/2010 the BeLive/Oasis Resorts in Cancun have let go approximately 600 employees, were/ are losing in the area of 90,000 + - dollars per day and are running at about 50 percent of anticipated occupancy as a result of the injunction. While January Through May of 2011 appear to provide benchmark dates based on previous information, there's certainly no guarantee of a settlement or legal outcome being finalized as of those dates. Keep in mind, this legal fight is ongoing, in multiple venues, in the US, Mexico and Europe and is likely subject to appeal at same if and when final outcomes are decided if not settled out of court between the parties and/or their affiliates. A settlement almost assuredly depends on the CEO and/or direct ownership of Globalia and Oasis Hoteles finding a common ground that will include potentially tens of millions of dollars of remuneration. Also, it's my understanding that the employees and current on site management with BeLive Resorts in Cancun are one and the same as the earlier flagged Oasis Resorts prior to the quick name change with few exceptions, laid off employees obviously excluded. JMHO...
Updating the Oasis/ BeLive saga here as of 01/22/11... As of this date, to my knowledge, the commercialization injunction against Globalia(BeLive) and their affiliates remains in force via the US Federal Courts on behalf of TravAmerica, the licensed affiliate of Oasis Hoteles et al. The press rumors of a structured settlement while true regarding negotiations dating back to November, 2010 have fallen through after Globalia refused to terms that were intended to be contractually binding and required a large financial settlement with Oasis Hoteles and their affiliates. Currently, Globalia et al is attempting to have the injunction removed via a Federal Appeals Court and is seeking to re-open the US Federal Case in Georgia for same via another round of attempts, allegedly, introducing new evidence, including possibly confidential information used during out of court negotiations between both parties before settlement discussions fell through. TravAmerica, an independent company, affiliated with Oasis Hoteles et al in a large means, is countering with major briefs and motions indicating that Globalia et al has been in violation of the commercialization injunction, has been booking rooms at Oasis Resorts in Cancun w/ third party operators as further violation (including a few of the many major Spring Break travel agency operators, whom they've specifically mentioned), and seeks the courts to uphold the current injunctions and address the alleged violations occurring by Globalia and 3rd Party operators via the law. TravAmerica also appears, and not unreasonably IMHO, outraged to the court that Globalia is seeking to utilize confidential out of court settlement discussions as evidence. In addition, the European Media appears to be publishing accounts of the situation with a heavy bias towards Globalia which seems to reflect accounts not necessarily reflective of the actual events occurring in the US and Mexican Courts, IMHO. In the reverse, the media publication, "Preferente", IMO, has finally stopped swallowing the travel giant, Globalia's PR attempts and is moving towards a more objective outlook in their most recent reporting. Currently, in summary, the Commercialization Injunction against Globalia et al/BeLive remains in full force as per the US court. TravAmerica is asking the courts to further address violations of the injunction by Globalia/BeLive allegedly occurring including third party travel agencies in the US, Canada & Europe, and the battle continues with an eye towards May of 2011, a potentially, formerly, legally binding required turnover date of the Cancun Oasis Resorts by Globalia to Oasis Hoteles and affiliates. As a matter of general opine here, it wouldn't surprise me in the least that the Cancun Hotels currently operating under a BeLive flag will be returning to the Oasis Flag before the end of 2011. Just my opinion...
The situation is kind of confusing and I had to read it a couple times to understand, but from my understanding: Oasis, (also known as TravAmerica), leased the rights to operate their hotels to Globalia, (which now uses the Be Live name). Be Live failed to make all of their lease payments due to bad economic times. Oasis attempted to repossess their hotels but Be Live said "Hold on, lets renegotiate something"; which didn't work out. Nevertheless, Be Live did not give up the hotels. Oasis filed a law suit and won a temporary injunction. But all Be Live did was remove the Oasis name from the hotel. So Be Live is illegally operating the hotel which is why several tour operators are not doing business with them. So what happens if suddenly in March, Be Live is finally kicked out? What happens to everyone's reservation? What kind of customer service will Be Live provide knowing that they will losing the hotels anyway? Will Oasis honour your reservation when they take back over and what kind of mess will that be figure that out? The rooms right now are very cheap compared to years past. $50 / person!! Even though the website says you can cancel your booking up 48 hours before, I'd be careful. Monitor the progress of the legal proceedings. And monitor charges on your credit card.
march spring we are booked at the grand viva beach for spring break and wondering if will have a room when we get down. should we be rebooking or will they honor our dates?
Another update on the corporate legal war on Globalia et al versus Oasis Hoteles et al and affiliates via "Preferente" this AM; in what is being reported as an exclusive story, Preferente is stating that Mexican Authorities via the Quintana Roo Attorney General and the Direccion de Servicios Pericales de la Procuraduria de Quintana Roo has ordered Globalia to compensate Inmobilaria Monte Carlo almost 109 million pesos for "mismanagement and misrepresentation" related to a Joint Venture Agreement (JVA) between the two, regarding properties in Quintana Roo. EXCLUSIVA// La Fiscalía de Cancún acusa a Globalia de
Another update on this one...In a transition that may be a portent of things to come on the ongoing legal battle between Globalia-BeLive versus the Oasis Hoteles et al in Mexico, news reports are indicating that two Spanish Resorts in Huelva, Spain that are owned by Oasis Hoteles et al and were being leased/operated by Globalia who also changed their Hotel Flag to BeLive have returned to operations under Oasis Hoteles with the Hotels names being changed back to the Oasis Flag. On the legal front in the US Courts, Globalia is basically disavowing any contracts, bookings and relationships with any tour operators subsequent to August 13, 2010 from Canada, the US and Europe, including the major Spring Break Tour providers for BeLive/Oasis Resorts in Mexico. In short, Globalia is stating that they made operators aware that they could not accept bookings from the above and will not accept bookings that attempt to circumvent the US Court injunction, including those made through third party outlets attempting to bypass the injunction. We shall have to wait and see if this is actually the reality but it's what Globalia is stating. IMHO, I would recommend that anyone who has made reservations with the potential aforementioned; absolutely confirm both their tour arrangements and/ or travel itinerary with the tour/booking agency AND the BeLive(Oasis) Resort they're scheduled to stay at. Airline reservations are another story and I would expect that in most cases would be of little issue. Caveat Emptor...
