Court reopens fraud case against travel agency in Maspalomas
The Provincial Court of Las Palmas has ordered the reopening of a fraud case against the owner of Aray Tours Canarias, a travel agency based in the San Fernando shopping centre in Maspalomas (south Gran Canaria).
The agency made headlines last week after dozens of customers were left stranded when planned trips to La Palma for the Los Indianos festival failed to materialise.
However, this criminal case relates not to those recent events, but to a previous complaint filed by five customers who booked a Mediterranean cruise package for September 2024. The group paid between €2,880 and €4,560 each, totalling €17,670, yet only recovered partial amounts ranging from €500 to €950.
Initial Closure of the Case
The Court of Instruction No. 4 in San Bartolomé de Tirajana had provisionally dismissed the complaint in July 2025, ruling that there was insufficient evidence of criminal fraud. The affected customers appealed, resulting in the case now being reopened.
According to the complaint, after collecting the full amount, the agency owner informed clients that the cruise had been cancelled because several passengers withdrew their reservations. Despite this, she failed to refund all of the money, claiming the trip could not proceed due to the minimum occupancy requirement not being met. She told the court she had offered them an alternative holiday plan.
The investigating judge concluded that there was no “relevant deception” nor “intent to profit”, and viewed the conflict as a civil matter rather than a criminal one.
However, the Provincial Court of Las Palmas disagrees and considers there are sufficient indications of fraud to continue the investigation.
In its ruling, issued on Monday 9th February and notified on Thursday 12th, the court, led by magistrate Francisco Luis Liñán, states that findings by the National Police in Maspalomas contradict the version given by the agency owner. Police checks with the cruise operator revealed that of the five bookings supposedly made, only one had a reservation code, and that single booking had been cancelled in August 2024 due to non-payment.
The court concludes that there was “no genuine intention” by the agency owner to comply with her contractual obligations, adding that her actions appear to have caused financial harm to customers while benefitting her personally. It highlights clear discrepancies between her explanations and the cruise company’s account.
The ruling revokes the original dismissal and orders the lower court to continue proceedings, either to prepare charges for the intermediate phase or to move towards an abbreviated trial.
Possible Prison Sentence
Fraud in Spain carries penalties of six months to three years in prison. Sentencing takes into account the amount defrauded, the economic damage caused, the relationship between parties, and the means used to commit the offence.
In this case, the court notes that the alleged fraud may be considered continuous, as multiple acts against different victims were allegedly committed under similar circumstances.
Pattern of Conduct
The owner continued selling travel packages afterwards, reportedly using the same modus operandi, according to the latest complaints involving customers who were unable to travel to La Palma for Los Indianos celebrations.
In a written communication sent to some clients last week, she cited a “financial collapse”, stating she was “fully aware of the inconvenience and uncertainty” caused and was working to secure funds to repay customers. She claimed that the only person who could provide necessary capital had submitted a request for financing and they were awaiting a response.
She insisted the priority was to resolve the situation “as soon as possible”.
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