The long-running legal battle regarding the status of the four-star Botel Alcudiamar in Puerto Alcudia's marina looks as if it is drawing to a close, the courts having given the Council of Mallorca two months to complete disciplinary proceedings and permanently cease its tourism activity.
The Council's tourism department has responded to a Tuesday judgement by the high court by expressing its respect for the ruling but maintaining that the botel "has been a sports tourism centre for years, and we are not aware that it is marketed as tourist apartments".
The department points to the botel's DRIAT (Responsible Declaration of Commencement of Tourism Activity) as a sports tourism centre, a status that is protected under tourism law and therefore allows accommodation. "It was a sports tourism centre years ago. Before the initiation of the sanctioning procedure, a DRIAT was submitted extending this to accommodation for sailors."
The complainants in this case have been the environmentalists GOB and local pressure group Salvem el Moll. They argue that the botel has operated without a permit as a tourist hotel since the 2000s. GOB say there is no enabling title to operate as a four-star apartment hotel and that the opening licence granted by Alcudia Town Hall in September 2000 only gave permission to use the facilities as a sailing school and as accommodation for sailors.
The Balearic Government's tourism ministry issued a tourist licence to Alcudiamar S.L., which operates the marina and therefore also the botel. This was appealed by GOB and Salvem el Moll. The legal process was such that in 2022 the Balearic High Court issued what was said to have been a final decision. The ministry was ordered to halt and close the activity that the botel had been carrying out without authorisation and to initiate disciplinary proceedings.
The ministry's powers were subsequently transferred to the Council of Mallorca. Given this situation, GOB twice urged the Council last year to enforce the ruling. In October 2024, the Council submitted a letter to the court announcing that it had initiated disciplinary proceedings against Alcudiamar S.L., ordering the precautionary suspension and closure of the four-star aparthotel activity.
In February 2025, Alcudiamar filed a new appeal for reconsideration, which the court has now ruled in the same way as the final judgment of 2022, giving the Council the two-month period to permanently close tourist activities at the botel. This court ruling does not rule out the possibility of the facilities being used for accommodation for sailors and as a sailing school, uses covered by the municipal licence.
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Rafa Nadal Academy and Pula Golf hotel have same MO. Hotels with sports licence. Try to book RF and all rooms have padel or tennis lesson included. Sports packages are allowed, hotel only not.
Darwin DThis is a rare case where I have to agree with sticking with the status quo. The buildings are there, pulling them down serves no great purpose and if it is restricted to sailors ( hello sailor) then much will go unused and degrigate . Hit the company with a very large fine for being naughty boys and let them carry on. Use the fine for something socially beneficial in the area - ie changing over to electric carriages instead of horses. As for GOB and I am proud to say I have been a member for at least 30 years - continue speaking truth to power.
Town hall should give now hotel permission to operate legally and save lots of works as well earn more taxes.win-win for all. Except to GOB. But they have more proyects to save birds.