The ERTE of the five-star hotel Guadalpín Banús in Marbella is renewed

The hotel Guadalpín Banús in Marbella, a five-star establishment, has renewed the Temporary Employment Regulation File (ERTE) due to force majeure for a maximum period of one year, as applied last July, following the Commercial Court No. 1 of Málaga's decision to launch several common areas such as kitchens, restaurants, and nearly fifty rooms, according to its director, Ramón Pons.

For a year now, the hotel has been operating without basic elements needed to provide restaurant services, such as the hotel services estate, although adapting to the new situation caused by the launch that took place on July 11, 2024, has allowed the continuation of the tourist activity of the five stars.

The court order stemmed from a complaint filed by two of the many owners of the property, which is managed as a hotel business by Grisoma S. L. The launch led to the closure of several common areas such as 49 rooms, premises, three restaurants, offices, lounges, or the entire parking lot, Pons recalled.

“We are resigned to the fact that this summer the situation will not be resolved either,” lamented the hotelier about the closure of common areas of the establishment, noting that in July a new ERTE due to force majeure was processed and that “the labor authority has granted it.”

Thus, the director of the five-star hotel explained that “a good part of the staff is on ERTE unable to work,” with the most affected departments being Dining and Kitchen since the three restaurants have been closed, remaining in this situation “40% of the staff,” he assured.

The file has been approved for a maximum period of one year and “will cease to apply when all facilities are recovered,” the director highlighted, who lamented that he does not have “much hope that this will happen for the high season.”

The ERTE has “the possibility of being rotative,” although Pons emphasized that the most affected departments are those linked to food and beverages since, for example, in maintenance “the entire staff is working.”

Regarding the launch ordered last year, the director of the five-star hotel recalled that the original took place in 2023, which was appealed, resulting in the hotel reopening in October of that year. In July 2024, the Commercial Court annulled the order that allowed opening due to a “formal defect,” which led to the closure of common areas such as kitchens and terraces until today, noting that the Court “will have to issue a new order.”

In this regard, Pons recalled that there are “several procedures underway” in the courts, including one related to the boundaries and a lawsuit filed after the launch to comply with the Andalusia Tourism Law and that “all estates are in hotel operation.” Also, he indicated that the Court of First Instance No. 5 of Marbella dismissed the precautionary reopening of the facilities requested by Grisoma in February 2025.

Restaurant Service

However, the establishment has enabled the pool area to serve breakfast and snacks, and room service offers a more limited menu, as more elaborate dishes cannot be cooked, so it is based more on grilled and cold recipes. In the evening, a “minimal restaurant menu” is also offered for dinners at the hotel.

“Incomprehensibly, the hotel services estate remains closed because the owners have a rental contract with the operator, and they are outraged at having the facilities closed,” Pons clarified, who valued that “the problem will be solved sooner rather than later as this was made as a hotel, is a hotel, and will always be a hotel.”

“Maintaining activity is our primary goal,” emphasized the director of the Guadalpín Banús hotel, highlighting that for this, they have worked commercially with various tour operators and with customers through the website.

For this, the establishment offers “a compensation for the lack of available facilities,” which translates into a savings of around 20% to 25% on the price of stays, considering that after the closure of facilities such as kitchens or restaurants, they have managed to “provide a more than acceptable minimum level of restaurant service.”

“It is a balance, on one hand, we try not to make customers feel bad, and on the other, we charge the price we consider fair for the services we are providing,” stated the director of the tourist establishment.

Hotel Occupancy

The peculiar situation of the hotel has not prevented it from continuing to welcome tourists throughout this year, and the five-star's forecast is to reach an occupancy of 85% for August and 90% in September, with an eye on last-minute bookings.

This is forecasted after closing June with an occupancy rate of 87% and July around 75%, with Pons noting that the past month “has been lower than usual” generally, and not attributing this downward trend to the situation of the five stars.

Meanwhile, the chairwoman of the company committee, Jaqueline Lagarcha, pointed out that currently, about 120 workers of the hotel are on ERTE, despite it being high season, since “the situation has not changed.”

According to her, this summer “very few people have been rescued” and those who remained fixed after the ERTE continue working, with the most affected departments being Dining and Kitchen.

“We are fighting for our jobs, we know the present is difficult but we are fighting to have a future,” emphasized the unionist.