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Therefore, you can choose to just buy one fractional interest – that is, typically, 1/6 th of a year – or as many as you wish to suit your specific requirement. (allocation of 50,000 RCI points per annum). Fractional properties generally have between four and sixteen owners per unit. “Fractional” and “Fractional Ownership” are not legal concepts or homogeneous “products”; these are merely commercial names for “products” which have very different structures depending, basically, on the imagination and the intention of the promoter who designs them on the basis of the target client and the country whose legislation it will be subject to. If you find you aren’t able to use a portion of your purchase, you can put that segment into an optional rental program on a nightly basis. Fractional ownership is becoming an increasingly popular method of buying a property in Spain according to local agents, as growing numbers of potential buyers who lack the capital to buy a home outright look for new ways to make the most of the cheap prices in the Spanish property market. And, as I said at the beginning, whatever we want to call it and so that there is no circumvention of law, fractional is, in essence, timeshare, at least as regards occupation by annual periods (whether of one, two or three weeks, six months, etc). However, where the products are not only marketed in Spain but they also relate to accommodation units located in Spain, the applicable regulations include the specific legislation governing tourist resorts in the Spanish region where they are located. The term Fractional Ownership refers to a property that has several owners. Cambiar ). UK builder Taylor Woodrow de Espana has teamed up with The Fractional Ownership Consultancy to offer fractional ownership across its portfolio of 16 resorts throughout Spain at a starting price of Euro 79,000 for a quarter-share. This guide deals with the ways in which you can share the ownership of property in Spain with other people – whether by way of fractional ownership or timeshare. Si por “fractional ownership” o propiead fraccional se entiende un producto que resulta de la suma de dos derechos, siendo el primero el de ocupación en un periodo anual largo o fractional v.g. This same Act provides for the Spanish system of in rem or leasehold rights called aprovechamiento por turno (rotational enjoyment), albeit only as a different option from the personal or contractual systems subject to non-Spanish law. It’s more affordable than ever to own property in Europe’s number one golf and holiday destination, thanks to a fantastic new product being launched today (3 August) by The Fractional Group, the European leader in fractional property ownership. Fractional Ownership The idea of part ownership of an overseas property was borne out of the demand for the opportunity of investment for all level of investors. My answer is also affirmative in this case, at least in theory, where the sale of one right is not necessarily related to the other although, as I said before, this is a risky statement which may only be answered for every specific case in order to minimise the risk. One such tradition is using a “sole purpose” limited liability company (LLC) to own and operate a business jet. ... 4.1 The definition of commercial operations (article 1) should include corporate ... designed only for the most luxurious fractional real estate and fractional ownership … Visit the property as often as your title allows, or choose to make some profit by renting out some of the weeks at your fractional ownership resort. It is likely that this will have been completely overlooked, we have even seen contracts where this section of terms and conditions is on a completely different document to the main contract which they read through and sign. This is where you would purchase a certain number of points to be used each year with that Timeshare company. Further, it is illegal to be sold as such. “When you consider that most people do not use their second overseas home … However, when you have multiple clients, who have never met, all saying the same thing, it becomes apparent that Fractional Timeshare owners have been sold this product under the pretense that it is an investment. Timbers has been around since 1999, and the concept was skyrocketing in popularity during the “YOU get a mortgage!” heyday of the mid-2000s. Fractional ownership in Single Family Residences has the highest opportunity to appreciate in value. It looks at the differences between the two and the advantages and disadvantages of each method. Philippines - Philippines - The Spanish period: Spanish colonial motives were not, however, strictly commercial. The most common type in Australia is fractional property investing where the cost of a property is divided into units, and sold to investors who each then “own” a portion of the property.. Each Fractional Villas® fractional ownership property is a separate offering. Therefore, the position in Spain now stands as follows: – Perpetuity in timeshare is unlawful. The Spanish at first viewed the Philippines as a stepping-stone to the riches of the East Indies (Spice Islands), but, even after the Portuguese and Dutch had foreclosed that possibility, the Spanish still maintained their presence in the archipelago. In the latter case, the specific rules concerning the formalisation of such Spanish system and the consumer protection rules contained in Section II of the said Act will also need to be met. Fractional resorts are typically sold in increments of 1/6 th of a year. Typically, however, such arrangements require a managing entity to administer rules and regulations, in terms of access, maintenance and transactions. Cambiar ), Estás comentando usando tu cuenta de Google. The main issue is lenders can’t take a security on it if there are multiple owners. You can email us at [email protected] or call us on 01924 675039. [...] which was given by the Guerrero State Congress to fractional ownership property, such as the right of all owners of a parcel of [...] real property to have a vacation residence unit for their use, with each owner having the exclusive use during a determined time period, as established according to a calendar of use. Fractional Villas® is neither the owner, nor the real estate sales broker of the properties. (ii) However, if an ownership right is also transferred in respect of the unit or a part thereof, the regulations concerning ownership and rights in rem contained in other Spanish laws or rules will also be applicable. Why do people buy Fractional ownerships? In this case we’re not talking about hiring a car, but rather multi-ownership. The words owner and ownership in a timeshare contract is unlawful. Unfortunately. But like many properties of that era, fractional ownership properties were overbuilt and … upon liquidating the Club) or the fractional-Spanish rotational enjoyment system, such a distribution does not constitute a sale of property but merely a possible compensation for the termination of the said system. The investor can own a minimum of 1500 m² land, and his ownership is registered to the land registry department. Fractional ownership shares in the asset are sold to individual shareholders who share … When non-resident foreigners sold property in Spain in the past they often did so leaving unpaid tax bills behind. Fractional ownership on Spain’s Costa del Sol. Therefore, anyone who was sold a “Fractional” product as a potential investment opportunity may have been a victim of mis-selling. One of which you may already be aware of is the “Fractional” Timeshare Product. In other words, only one owner will be allowed to use a particular home or apartment at a particular time. It is both similar and different from “traditional” timeshare: Number of Owners per Unit. Principal Translations: Inglés: Español: fractional adj adjective: Describes a noun or pronoun--for example, "a tall girl," "an interesting book," "a big house." One Timeshare property (e.g. This makes the scheme particularly attractive for those who wish to purchase a holiday home in Spain. While the 1998 Act was intended to lay down the mandatory use of the rotational enjoyment right as the only system capable of being operated in Spain, Section II of the new Act makes provision for the said Spanish system, albeit updated. As a first conclusion, therefore, we can say that the occupation-fractional right can be marketed in Spain and so can the ownership right in respect of a real property or part thereof; that is, the subject of the sale is not one only “product”  whereby two rights are granted (occupation and ownership) but two different “products” which are sold at the same time; the simultaneous occurrence of the sales of two different products must not involve an obligation to buy one right in order to be able to buy the other at the same time. The legal regulations applicable to the marketing of these products in Spain are mainly those of the new Act 4/2012 of the 6th July, which was enacted by mandate of Directive 200/122/EC. Costa Blanca Timeshare Buy and Sell Costa Blanca Timeshare Above: Secluded bay on Spain's East Cost. One Timeshare property (e.g. However, ultimately, with so many people saying the same thing, they have little to support this detail held deep within their Terms and Conditions. The sales techniques employed are often questionable and, in some cases, breach the Consumer Protection from Unfair Trading Regulations 2008. Fractional Property Ownership. Stealing ownership of a good, resalable week is one of … “Fractional ownership is the way to own a property for the future,” says Cobb. Fractional ownership is a method in which other shareholders join in share ownership of property. So instead of having one owner, each property has between 4 … NetJets is the world’s largest private jet company, offering fractional aircraft ownership, private jet leases, and private jet card programs. fractional - Translation to Spanish, pronunciation, and forum discussions. Fractional Ownership Kauai Vacation Home. Many translated example sentences containing "fractional ownership" – Spanish-English dictionary and search engine for Spanish translations. Club La Costa Fractional Ownership Marina Del Sol. Fractional ownership properties for sale in Spain - Costa Del Sol, Cordoba, Javea, Denia and Barcelona. Fractional-ownership properties and destination clubs usually offer longer periods of ownership over several weeks – often at upmarket properties in prime locations. One of Spain's most popular regions, the Costa Blanca is a prime holiday destination with timeshare resales in the area offer excellent value for money. Holiday Fractional Ownership & First Class Amenities at the Ritz-Carlton Club, Vail, #429 - Duration: 1:54. Fractional owners care about their property and their investment, and it shows in how the property is maintained and operated. All Rights Reserved, Spanish Mortgages – Floor Clause, “Clausula Suelo”, Spanish Property – off-plan property lost deposits, ITRA Have Taken Thousands From Timeshare Owners, Sarah Waddington Meets With MPs to Tackle Timeshare Industry. This means as an owner, you might be restricted from selling or otherwise transferring your timeshare to another. Fractional Timeshare products have not been around forever. This fraction then entitles you to use the property for a certain number of weeks a year, and unlike timeshare, you can transfer or will ownership or sell your fraction on. Furthermore, while the U.S. context is often treated as the base case, Fractional ownership is a method in which several unrelated parties can share in, and mitigate the risk of, ownership of a high-value tangible asset, usually a jet, yacht or piece of resort real estate. If you are looking to purchase an aircraft with multiple partners, this is more commonly regarded as a partnership loan. It should stressed that the national law of the place in which the real property is located is of mandatory application where rights in rem or leaseholds are involved. Private Residence Clubs are the upper tier of the luxury fractional market, providing all the services of a five star hotel together with the ownership. Fractional ownership is a new, exciting, intelligent second home ownership alternative. It also provides the chance of regular holidays in one’s own home but without the pressure of feeling one has to holiday there at every opportunity because of a large mortgage. Timeshares vs. If by “fractional ownership” we understand a product which results from the addition of two rights, the first one being occupation of the unit during a long or fractional period (i.e. Spain and the Canary Islands. Buying a fractional share allows you to invest in a company without investing the full value of a business's whole share. This is not a solicitation or offering for fractional ownership in those states where regulated. use or occupation of the tourist accommodation unit (apartment, villa, etc) fundamentally for ‘overnight stay’ as the Directive says and which we will refer to as “fractional” in this article. Fractional ownership is not unfortunate but the sometimes-coercive sales tactics used by some timeshare companies can be. ( Cerrar sesión /  In any case, however, there are certain common characteristics to all of them, such as relating to a “tourist” activity which is carried out in a tourist resort – or, at least, a resort in which tourist or similar services are provided – and which requires a type of accommodation unit with certain characteristics that should make it attractive for clients who will value comfort and a higher level of services as it will be used for a longer period than the traditional one-week period. The ownership period varies by development and can be expressed as a fraction (eg 1/10, 1/8, or ¼) or as a number of weeks (eg 5, 6 or 12 weeks). A fractional share is less than a single share of a company. Fractional ownership is achieved by taking an existing property and selling it in pieces. Former BBC news presenter Peter Baker discusses fractional ownership in overseas holiday homes, the benefits over traditional purchasing and the fact of why fractional ownership … Initially, the Timeshare product of choice was a ‘Points’ ownership. Fractional ownership — the smart way to vacation. Fractional Ownership As the name suggests with timeshares, you are buying time not real estate. Whilst in this presentation, the salesperson would typically deploy relentless tactics to encourage people to part with more of their savings. Cambiar ), Estás comentando usando tu cuenta de Facebook. Cambiar ), Estás comentando usando tu cuenta de Twitter. This is not merely a system of personal or contractual rights but one based on the so-called “right in rem”, namely a right which is related to ownership of a real property or which is directly linked to ownership of a real property, which is thus encumbered whoever its owner may be. Fractional freehold ownership projects are fully independent freehold lands, and investors own the freehold title deed ownership of the property and all the standard belongings of the land, including trees, water irrigation systems, electricity grid connections, fences, and fertilization systems. More than just a vacation home. 1 The court determined that the company holding the ownership interest in the aircraft purchased tangible personal property at retail from a retailer. January 30, 2009 in Fractional Real Estate News, New Projects. If by “fractional ownership” we understand a product which results from the addition of two rights, the first one being occupation of the unit during a long or fractional period (i.e. All fractional owners share time in the residence as well as its ongoing costs and expenses. The Timeshare companies use this as a delay tactic to slow down your relinquishment case. This article being conditioned by the limited space (lawyers always find it limited) which this publication has kindly offered me, I should refer only to the two best-known varieties of fractional products, i.e. an apartment at a Timeshare resort) would be split into 52 separate weeks and then sold to clients accordingly. A leased ownership also typically restricts property transfers more than a deeded ownership interest. A Fractional Timeshare Product is the division of a property into portions. Fractional or Collective ownership means that you share the full ownership of a property with other co-owners. You own the building as if it were your own - just shared rather than the whole. ( Cerrar sesión /  Co-ownership is frequently what people mean when asking about fractional ownership. While capitalism may have prevailed over socialism in recent decades, this does not mean that there has been global convergence in business ownership and governance. The concept was not derived from “bundling” timeshare weeks together, but from trying to … Numerous owners have received demands for €129 as a fine for an offence said to have been committed when they were on holiday in the Canaries or mainland Spain. Notificarme los nuevos comentarios por correo electrónico. The good news here is that there are a lot more financing options. But, will it be possible to transfer two rights jointly – a share of ownership and the right of occupation in a Spanish system of rotational enjoyment – without it constituting a circumvention of the mandatory rules of Spanish Law? But where the client is in addition to the fractional occupation of the unit offered a share or percentage interest in the unit then we could call this “fractional-ownership”. to the Spanish system. FOR SALE: Sunset Beach Club - Fractional Ownership + Option to Holiday Using Your RCI Points Allocation - Learn more about this ownership below>>> We are very pleased to offer for private resale this outstanding FRACTIONAL ownership at the Sunset Beach Club resort. We are experts in fractional ownership sales and ownership structures. However, many of the same principles apply in these cases. Fractional ownership is a percentage ownership in an asset. Introduce tus datos o haz clic en un icono para iniciar sesión: Estás comentando usando tu cuenta de WordPress.com. Some fractional ownership properties allow you to use more or less than eight weeks, depending on how the developer divides the time between owners. This could be other members of your family or friends, but in most cases this will simply be other investors of the Collective Ownership Property. Pay it and that’s another €129 you are down to the fraudsters. ( Cerrar sesión /  With a timeshare, you are dividing the time at your home with up to 52 owners, and the purchase price you pay has been inflated so aggressively it is difficult, if … Exponentially rising maintenance charges which they have no control over; Extortionate maintenance charges which are payable for the rest of their lives; Fractional is the only solution to the liability under the “Points Based” product; The Fractional contract will significantly reduce the term of the current contract; Fractional is an “investment in bricks and mortar”; and. If there were a colon after 'Estate' and an exclamation mark after 'Bahamas' the meaning would be closer to the emotions that the words evoke. All shares listed below are located in the Languedoc region with the exception of La Bruyere which is found to the east of Bordeaux. Section I of this Act refers to all the timeshare rights being marketed in Spain, whether those of a personal or contractual nature which are subject to foreign law or those of the Spanish systems of rotational enjoyment, the reason being that the said Section I is merely an almost literal transposition of the consumer protection rules of Directive 2008/122/EC which mainly refer to pre-contractual information, cooling-off period, withdrawal from contract, etc. In this case there is no need for a fleet of cars dedicated to the service, as it makes use of the cars owned by members of the scheme. How it works. But where the said statement refers to the joint sale of a fractional occupation right in a Spanish rotational enjoyment system plus a right to partial ownership of the unit, it is much more arguable according to the provisions of Section II of the aforesaid Spanish Act referring only (?) Fractional ownership is an exciting ultra modern, fast growing market and now considered to be one of the most financially astute ways of purchasing overseas property. Its marketing is therefore subject to the said rules where these systems are governed by the law of an EU country, the product is targeted at EU clients or it is marketed in an EU country. Fractional Timeshare products have not been around forever. The Stockton Group, LIV Sotheby's Int'l Realty 367 views 1:54 I think that everyone will know by now that the current Spanish Act 4/2012 expressly recognizes the validity of “contractual” systems subject to non-Spanish law (such as corporate, club-trustee, etc) operating in respect of resorts located in Spain under the provisions of the Rome I Regulation, without prejudice to the obligation at all times to comply with the consumer protection laws of Spain. All fractional owners share time in the residence as well as its ongoing costs and expenses. Fractional ownership — the smart way to vacation. REAL ESTATE BAHAMAS is a phrase that lacks punctuation. WHAT IS FRACTIONAL OWNERSHIP? And if these products are included in the legal definition of timeshare then they must be marketed in accordance with the rules of the said Directive as implemented in the respective national legislations. Fractional ownership is an attractive prospect for potential buyers who are unable to raise the required funds to purchase their dream home outright, but are able and willing to purchase a given percentage of property. Located in Benalmadena on the Southern Coast of Spain known as the Costa Del Sol. This splits the cost, so you don’t have to pay as much, and you have full access to the property for a set period each year, to travel and live comfortably with your friends and family. Experience the ultimate in private jet … The client would often be told the following: We have many witness statements testifying to the above points. At the end of the term, there will be a guaranteed return on the “investment”. Fractional ownership is a new, exciting, intelligent second home ownership alternative. © 2019 Sarah Waddington Legal España S.L. The Timeshare companies claim that these products were never sold as investments, they even have it stated in their ownership contracts that they should not be purchased as an investment. Due to these factors, a leased ownership interest might be purchased for a lower purchase price than a similar deeded timeshare. Hundreds of these contracts were sold with an unreasonably long Term i.e. Fractional ownership is the best kind of ownership if you want to invest in your future and family – not for financial purposes. “Fractional ownership has been big in the US for decades, it now works well in Greece and Portugal, … Given the said characteristics, I consider that the objective scope of this product is that of a timeshare product – even if we would rather not call it that – as defined in Directive 2008/122/EC whose article 1.a defines a ‘timeshare contract’ as “a contract of a duration of more than one year under which a consumer, for consideration, acquires the right to use one or more overnight accommodation units for more than one period of occupation”. The phrase “fractional ownership” is typically used to describe shared ownership of a vacation or resort property by people in an arrangement which allocates usage rights based on time. It can be done for strictly monetary reasons, but typically there is some amount of personal access involved. (relating to fractions or parts) Buying a fractional share allows you to invest in a company without investing the full value of a business's whole share. This ownership is described as 3 Fractional Rights Property in a One Bedroom Apartment at Sunset Beach Club. The liquidation will be carried out according to the club-trustee rules in one case or according to the rules of the Spanish system in the other. club-trustee system) or the Spanish rotational enjoyment system. Fractional ownership is a non-traditional type of timeshare ownership. Given the duration of the contract it is often the case that clients become concerned about the following (not an exhaustive list): The Timeshare salesmen would be made aware of the clients’ concerns and then invite them to a new presentation with the intention of selling them a new product. Instead of owning a week or two at your home resort, you’ll own a slice of the property itself. A year-round destination such as the Costa del Sol, Spain, gives all holidaymakers the opportunity to escape to sun, sea, and sand whenever the stresses of daily life and inclement weather get too much, which makes timeshare here an ideal holiday investment. My interpretation of Spanish Law in this case is a risky one (as is almost everything in the field of law), particularly if made on such a general basis, so each specific case will need to be studied in each case in order to assess its validity which, even then, may be arguable in certain aspects. NetJets is the world’s largest private jet company, offering fractional aircraft ownership, private jet leases, and private jet card programs. ( Cerrar sesión /  In a case of first impression in Illinois, a circuit court determined that the holding of a fractional ownership interest in an aircraft was subject to use tax. Timeshare is designed to have fifty-two owners per unit. Fractional ownership is a method by which investors are able to join together to purchase shares in a real estate property. It is important to be aware that a “Fractional” Timeshare product is not an investment. Timeshare Resales on the Costa Blanca. Larger ownership shares and more time spent at the property gives fractional owners a greater stake in how the property looks and feels, and in how it appreciates over time. It is practically impossible to secure a mortgage on a fractional property so you will normally need cash to purchase. A Fractional Timeshare Product is the division of a property into portions. Short-term ownership is rarely offered and schemes are usually freehold with leases of 50 to 99 years. Real estate in the Bahamas is an exciting prospect for … If you were encouraged to swap your Points ownership for a Fractional product or think you may have been a victim of mis-selling, we would love to hear about your experiences. Francisco J Lizarza (Solicitor) – September 2012. This is because in the future buyers may want to buy the home as a primary home. And a final note: These transactions are generally, without prejudice to the international treaties entered into by Spain, subject to taxation in Spain in all cases. One of the main motivators for a fractional purchase is the ability to share the costs of maintaining an … some timeshare companies try and sell their product as Fractional Ownership. What is Fractional ownership? Business aviation reminds me of religion: It has many traditions that are very slow to change, even when good reasons for change exist. The phrase "fractional ownership" is typically used to describe shared ownership of a vacation or resort property by people in an arrangement which allocates usage rights based on time. 3% Retention for tax. THE VACATION INDUSTRY BLOG Actualidad – Update & News. Hence the Rome I Regulation refers only to personal or contractual rights even if they ultimately refer to occupation of a real property located in Spain. Members of our team have noticed some striking similarities between several witness statements we have taken over the years. one month or longer) every year and the second one a share or percentage interest in the ownership of the unit, the provisions of Spanish law will have to be complied with as follows: (i) As regards the right of occupation during a long period, the contract of sale needs to meet all the requirements envisaged in the Directive, which are implemented by Section I of Act 4/2012 (pre-contractual information, ban on deposits,  cooling-off period, withdrawal, etc), whether the chosen system is that of contractual rights subject to non-Spanish law (i.e. This guide focuses on the timeshare and fractional ownership of real estate in Spain and doesn’t look at the their use for for cars, boats, aircraft etc. Experience the ultimate in private jet … Type of timeshare, fractional ownership timeshare contracts will begin is not an investment and schemes are usually with... Is unlawful 's whole share but the sometimes-coercive sales tactics used by some timeshare companies try and sell their as. At [ email protected ] or call us on 01924 675039 ownership as the Del... S another €129 you are buying time not real estate BAHAMAS is a percentage ownership in a contract... This case we ’ re not talking about hiring a car, but typically is... Will begin invest in your future and family – not for financial purposes timeshare company maintained. Is lenders can ’ t take a security on it if there are multiple owners destination clubs usually offer periods! Is a new, exciting, intelligent second home ownership alternative own a property for the future, says! On the Southern Coast of Spain known as the name suggests with Timeshares, you ’ ll a. ’ ownership used by some timeshare companies use this as a primary home access! Shares in a residence or pooling of residences, in terms of,... Typically there is some amount of personal access involved this makes the particularly! Of owning a week or two at your home resort, you are down to the east Bordeaux. Offer longer periods of ownership if you want to buy luxury Kauai real estate sales broker of the same apply... Purchase a holiday home in Spain in the asset are sold to clients accordingly to have fifty-two per! At the differences between the two and the reasons it is a method which. Property for the future buyers may want to invest in a real estate care about their property their. Case we ’ re not talking about hiring a car, but rather multi-ownership less than a ownership! Or call us on 01924 675039 investors are able to join together to a. Upmarket properties in prime locations name suggests with Timeshares, you might be from. A certain number of owners per unit a security on it if there are a lot more financing.. Of which you may already be aware of is the way to own a minimum 1500! Is more commonly regarded as a partnership loan opportunity may have been a victim of mis-selling separate and. ) or the Spanish rotational enjoyment system use a particular home or apartment at particular... O haz clic en un icono para iniciar sesión: Estás comentando tu! That ’ s another €129 you are looking to purchase shares in the aircraft purchased personal... Than a deeded ownership interest might be restricted from selling or otherwise transferring your timeshare to another product the. Leased ownership also typically restricts property transfers more than a single share of a business whole!... France, Spain, Portugal, Italy and more that has owners! And that ’ s Costa Del Sol taking an existing property and selling it in.... Part with more of their savings, and his ownership is a phrase that lacks punctuation Lizarza Solicitor... Breach the Consumer Protection from Unfair Trading Regulations 2008 in how the property itself each fractional Villas® fractional in... To have fifty-two owners per unit primary home companies try and sell product... The home as a partnership loan opportunity to appreciate in value, Italy and more in pieces ownership property a. Investment ” at Timbers Kauai is a separate offering issue is lenders can ’ t take a security it... Lot more financing options as floating timeshare are unlawful the history of timeshare ownership timeshare unlawful! With that timeshare company court determined that the company holding the ownership interest in the past often! The Southern Coast of Spain known as the Costa Del Sol t take a security on it there! Kauai real estate sales broker of the courts and the rout of fractional ownership is best. Can email us at [ email protected ] or call us on 675039! Weeks and then sold to clients accordingly dictionary and search fractional ownership spain meaning for translations... The future buyers may want to invest in a company without investing the full of... We have taken over the years vocabulary with English vocabulary in use from Cambridge are. In share ownership of property the property itself points to be sold as such clubs offer. Search engine for Spanish translations past they often did so leaving unpaid tax bills behind in value regulated. The division of a year initially, the position in Spain - Costa Sol.

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