Spanish contract law - can someone clarify what consitutes a breach of contract?

I'm posting here in the hopes that someone can help clarify Spanish contract law.

We're getting married in Spain next year, and signed a contract with a venue in June this year. The contract explicitly states what areas we may use for the reception (all), that we may hire a caterer, that tables and chairs etc are included, and so forth. In October our wedding planner alerted us to the fact that the venue is now in the process of being converted to a hotel. We immediately contacted the venue, and thsi was confirmed. We were sent a new contract stating that:

- we may not use all areas but only a former stable situated off the premises (this radically changes the agreed upon plans for an outdoor reception and dance, also it's clearly not worth the EUR 7000 they charge to spend the evening in a windowless building)

- or we may hire all 25 hotel rooms for three nights, thus enabling us to use the entire venue as agreed. The rooms are charged at EUR 800/night, so needless to say this changes everything.

We are obviously upset, as they kept this information from us for four months which in my opinion is culpable behaviour. We are now unable to get a similar venue for our date, and we are not going to be able to recuperate any of the expenses already incurred (deposits for photography and florist, wedding planner fees).

Now to my question: Isn't the initial contract still binding? It was signed in due order, and we have an email stating that the only changes coming up would be a 5% price increase. What would you advise?

Kind regards from a desperate bride to be (and lawyer)

The initial contract should still be valid! Contact a lawyer and get some advice.

Joan

did you pay deposit by credit card.? might be able to get refund, if so i think you should go somewhere else.

my experience of spanish companies is that there is no such thing as a contract in their eyes when it suits them and if they are behaving like this now, you dont know what it will be like on the day.i appreciate this was to be the perfact setting but maybe you have chance to find something else. i am sure you dont want months of legal worry and COST!.

Good luck whatever you decide.

Nick

Of course the first contract is still valid.

If they do not meet it, you can either cancel it and ask for full refund of depoait plus legal interest or force the counterparty to fulfil it.

Oh yes! contracts do exist in Spain...

I would advise you to send a lawyers´ letter to them exposing the legal frane they are and the consequences of not meeting it. You can alos go to the Local consumers office and ask for legal help there.

Best and good luck!

Maria

Yes contracts exist but are very hard, long winded and costly. when time is of the essence you struggle in spain. Again you are expected to fork out more money when you are in the right.

if you are in costa del sol, try costa advice bureau, myra is very good.

i have/had watertight contract, waiting now 3 years for refund, and had to except lower sum paid in stages (all under new contract ) with they are still breaking and waiting 2 years for courts is a joke.

but perhaps there are lawyers like in the uk who act "no win no fee"

nick