What's happens with the be live Cancun hotel??

[micmike30]

Hi guys,i'm from canada and i go to cancun 4 times and i want to return in january 2011 but here in canada we cannot reserve with the be live cancun (Ex Oasis Cancun) because all the compagnies (Aircanada,toursmontroyal,nolitours...) doesnt want to make business with this hotel.Somebody can tell me why ??

[Canadian Dos Equis fan]

Originally Posted by micmike30

Hi guys,i'm from canada and i go to cancun 4 times and i want to return in january 2011 but here in canada we cannot reserve with the be live cancun (Ex Oasis Cancun) because all the compagnies (Aircanada,toursmontroyal,nolitours...) doesnt want to make business with this hotel.Somebody can tell me why ??

My guess is that they haven't made arrangements with any of the major Canadian tour operators yet. You could try their website and book flights separately or visit a travel agent and see if they can help you out. You may also want to think about booking through an American site. You may have to plan for a flight to an American airport to make it work though.

Good luck!

[Canadian Dos Equis fan]

Also it may be possible that the tour operators weren't getting a good deal from the owners of that hotel or otherwise have a reason not to want to deal with them. Again it is odd for a hotel and by all means you may want to talk to a travel agent about it.

[taylor24]

They have been having some legal issues, and cannot sell/book any rooms as of right now.
Oasis/Be Live Hotels Prohibited from Selling Rooms - Cancun Forum - TripAdvisor

It looks like it will be awhile before they are able to start booking again. Maybe you can check out a different resort for Jan. Good luck on your travels!

[pocodinero]

All of the hotels are closed right now except for the Grand Oasis which is only partialy open. They are only selling rooms to Mexican citizens and the going rate right now is only $27 USD.
The other problem which occured is that there are a few thousand people out of jobs right now since there were 5 Oasis Hotels here.

[NicHamburg]

I can only speak for myself and a couple of other SpringBreakers.

I was able to book with my travelcompany and a few did book directly with the hotel

[T.J.]

Yes, Nic but you probably were wasted at the time and just dreaming. Better double check.

How you doin' amigo? Maybe will see you at La Taberna next time you come to town.

[Dangers]

The Oasis/ BeLive saga is a long and extracted story, I'll try and cut to the chase referencing commonalities as opposed to listing every corporate entity, court and venue.

Generally, in late 2006, Oasis Hotels and their marketing arm, TravAmerica, signed a commercialization /management agreement with Globalia and by extension their marketing segment, InterTravel, to manage the Cancun based Oasis Resorts, expand the resorts presence and the Oasis Flag name. Basically, Globalia leased these rights starting in 2007 from the Oasis Hoteles, ending in early 2011(?), from my current understanding.

Everything, apparently, went smoothly until the "Swine Flu" pandemic in 2009 that sent occupancy rates in Cancun spiraling at the Oasis Resorts. Globalia, distraught over the lack of income from the resorts, failed to make the required lease payments and was attempting to renegotiate the leases without alleged proper communication. At this point, Oasis Hoteles, claimed breach of contract, demanded payment and requested that Globalia abide by the contractual agreement. Globalia responded by claiming that contractual "force majeure" was now in effect, and that the deal would have to be renegotiated based on the loss of anticipated revenues.

Oasis Hoteles, under the terms of the agreement, moved to binding arbitration in Luxembourg, the arbitrator finding in the large majority for most legal obligations to Oasis Hoteles favor.

Globalia, a major international travel entity, now revoked for the most part by the arbitration award, refused to honor the arbitrator's decision.

Subsequently, they refused to relinquish the operation of the resorts, including most commercialization rights. As a result, Oasis Hoteles filed various jurisdictional lawsuits in Europe, Mexico and the United States to seek enforcement and international recognition of their rights to own and operate their resorts without interference from Globalia, breach of contract, and substantial financial damage awards.

In an effort to meet the arbitration requirements in part, Globalia, then changed the Oasis Flag to the Be Live Flag, not only in Cancun but in other resorts that they had at least temporarily flagged as Oasis Resorts under their control but unrelated to actual ownership by Oasis Hoteles.

Globalia currently controls the resorts and the marketing websites despite the arbitration award against and the multiple ongoing lawsuits filed against them, including a RICO filing in the US Federal Courts, by Oasis Hoteles and/ or their corporate affiliates.

Below is a cross post (my own) from T/A that is tied to the current situation. Additionally since that post, both parties have made formal motion(s) against each other, predominantly, Oasis Hoteles, that despite the US Federal Court temporary injunction, Globalia continues to circumvent the court ruling. The trial is slated for a January/2011 jury hearing, yet to be formally scheduled.

Regarding the Oasis Resort(s) situation; the Northern Georgia Federal Court in response to both the plaintiff, TravAmerica (via Oasis Hoteles, but not legal standing) and the defendant, Intertravel (via Globalia) has qualified the court's positions and orders:

As of September 15, 2010, here's what I'm getting from it;

TravAmerica has shown that it has "exclusive marketing rights" to market, book and sell accommodations at the 10 Oasis Resorts in question to "tour operators" in the US, Canada and Europe. Tour Operators has been widely defined from travel agencies to airlines. All findings by the court are preliminary but the current injunctions and restraining orders are upheld until further action by the court.

Intertravel is restrained from using, exploiting, taking, stealing or misappropriating the "exclusive marketing rights" of the resorts under either Oasis trade name or any other name.

Intertravel is not prohibited however from:

1) marketing, selling or booking the resorts to "tour operators" outside the US, Canada and Europe

2) marketing, selling or booking the resorts over the Internet provided they don't book from US, Canada and Europe based tour operators.

3)direct dial or calling centers provided they don't book from US, Canada and Europe based tour operators.

4) advertising the resorts as long as they don't do so through or to US, Canada and Europe based tour operators.

5) accepting walk up bookings

6) honoring reservations booked on or before August 12, 2010 by any tour operator.

The injunctions and restraining order shall remain in effect for a period of ninety days as previously noted until a future court date is established, sometime in January/2011, and/or the parties settle out of court.

[Steve]

Thanks for that Dangers.

Originally Posted by Dangers

Intertravel is not prohibited however from:

2) marketing, selling or booking the resorts over the Internet provided they don't book from US, Canada and Europe based tour operators.

So... if you do want to book then use a Mexican provider You can currently book the 'Spring Break' Oasis here at 50% off and the other Oasis / BeLive properties can be found on my hotels page:
http://www.cancuncare.com/Cancun_Hotels/

I would say though it's a pretty big risk that the hotels are likely to be very quiet if you do.

[micmike30]

Thanks for the info!!Probably,the hotel will be desert for a while so im gonna to book with tucancun hotel,thank you!

[NicHamburg]

Originally Posted by T.J.

Yes, Nic but you probably were wasted at the time and just dreaming. Better double check.

How you doin' amigo? Maybe will see you at La Taberna next time you come to town.

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 :-)

[T.J.]

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

[Dangers]

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.

[duaneyo]

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

[Dangers]

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
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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...
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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...

[Dangers]

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...

[eliteballer]

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.

[pococouple]

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?

[Dangers]

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

[Dangers]

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...

[Dangers]

Just a quick update on this, the US Federal Court in Georgia has denied an "emergency motion to vacate or adjust" the Commercialization Injunction against Globalia/BeLive for the 10 DBA as BeLive, aka, Oasis Resorts in Mexico as of yesterday afternoon.

Globalia/BeLive still has an appeal regarding the injunction pending in a US Federal Appeals Court that is still in the pre-trial phase.

The denial likely means that Globalia/BeLive has minimal opportunity to profit from the coming Spring Break and High Seasons in Cancun due to the time-line involved at the Appeals Court level and may be facing a mandatory contractual turnover of the 10 resorts back to Oasis Hoteles by the end of May/2011 unless further legal wrangling is involved.


JMO

In addition: "Preferente" is confirming the injunction denial as well, and additionally noting that their information indicates that the BeLive/Oasis Resorts are currently operating at an average 19% occupancy.
http://www.preferente.com/index.php/...mexicanos.html

[Dangers]

Ladies and Gentleman, we may have a settlement and it looks like the Oasis Flag is returning to Cancun in the near future.I'm still waiting on the legal confirmation of this as Globalia backed out of an earlier deal but with the PR out front on this it would be difficult to believe they don't have this done.

Pacto Globalia-Oasis termina con largo litigio comercial; reactivarán casi 4 mil habitaciones - Todo Turismo

Oasis/Be Live Hotels Prohibited from Selling Rooms - Cancun Forum - TripAdvisor

| Pueyo e Hidalgo llegan a un acuerdo tras intermediar los gobernadores

Se concreta la firma de acuerdo entre las empresas Globalia y Oasis - La Revista Peninsular, larevista.com.mx

The info as reported:


Among the points agreed upon include:
1 .- Globalia will operate until April 30, 2012 three hotels: the Riviera Maya, Viva and Viva Grand in Cancun, with a total of 750 rooms, under the brands "Be Live".

2 .- Oasis will operate the rest of the Mexican Caribbean hotels immediately, under the brands "Sens", "Oasis" and "Grand Oasis", with a total of seven hotels and 3.150 quarts.

3 .- The agreement puts an end to the various national and international litigation.

[CancunCanuck]

Slightly off, slightly on topic "Balcony at Be Live Grand Riviera Maya Collapses, Two Injured"

Dos turistas heridas tras colapso de balcón en hotel de Akumal - Todo Turismo

(Run it through google translate if you can't read Spanish)

[ALTIMAN23]

Oasis and Be Live Resorts are back open for business to the Canadian and United States travel agents to sell AGAIN!!

PLEASE READ:

Here is the news:


Globalia and Oasis Signed under the mediation of Governor Felix Gonzalez and Roberto Borge elected governor


Oasis and Globalia end up a conflict that involved around 4000 rooms in Cancun, with the mediation of the governor Felix Gonzalez and his successor Roberto Borge, the conflicting parties: Globalia, owned by Spanish Juan Jose Hidalgo and Oasis Pedro Pueyo, reached an agreement, apparently beneficial to both, since last weekend Javier Hidalgo Vice President and Javier Blanco General Director of the Be Live chain (son and son in law of Juan Jose Hidalgo), came to Cancun to meet with both leaders in addition to the other party of the conflict in order to defuse the dispute that Oasis won in state courts.


Here yesterday an agreement was signed with representatives of the two Spanish businessmen.

1 .- Globalia operate until April 30, 2012 three hotels: Riviera Maya, Viva and Viva Grand Cancun with a total of 750 rooms, under the brand Be Live.

2 .- Oasis operate the rest of the Mexican Caribbean hotels immediately, under the brands Sens, Grand Oasis and Oasis with a total of 7 hotels and 3150 rooms.

3 .- The agreement puts an end to the various national and international litigation.

Felix Gonzalez and Robert Borge stressed that after the agreement, the tour operators who works with these hotels in markets like U.S., Europe and Canada can be certain that come to Cancun is safe.

Representatives from Oasis and Globalia saids that they are satisfied with the agreement reached with the mediation of the Governor Felix Gonzalez.


So, Welcome Back OASIS!!

[ToriB]

And as of yesterday or today, the name Oasis is back on the properties.

[Dangers]

Read a press report from the Spanish media that states Oasis Hoteles et al and Globalia signed a formal agreement on this past Saturday night to end the dispute as per prior PR reports out of Cancun. As of now, and it was Federal Holiday in the States today, there's no confirmation of the legal side being closed in the US though likely now a formality, however, until the US Federal Court drops the injunction, it would remain in effect.

As an aside as per Noticaribe, it looks like the first Spring Break fatality has occurred, at the Oasis Cancun, where a Spanish student, male, 20, y/o fell from a third floor balcony in the early AM.

http://www.noticaribe.com.mx/cancun/..._hotel_oa.html

[Dangers]

As anticipated, the injunction has been suspended at the US Federal Court level pending permanent removal by the US District Appeal Court as Travamerica, the plaintiff, for Oasis Hoteles has requested that the case be dismissed, and agreed that the case would be dismissed with prejudice, which is the Court's way of saying, don't come back.

[NicHamburg]

For us tourists its just simple:

- The (Grand)Oasis is back on the European/US Market and can be booked over Travel Agencies.
- All reservations are (no matter if done with Oasis or Belive) still valid.

For informations about your reservation please call the Hotel directly under

+529988850867