1.Introduction

In July 18th, 2017 the Balearic Parliament approved the amendment of the tourism Law of the Balearic Islands, which, for the first time, sets a maximum limit of places for visitors in tourist establishments (in particular, the limit has been set at 623,624).

Additionally, among the changes that should be highlighted, we find the prohibition to use second homes as vacation rentals, the limitation of the rental period to 60 days, as well as a moratorium of 12 months for tourist rental authorizations.

2.Applicable regulations

Law 8/2012, of July 19, of Tourism of the Balearic Islands.

Law 6/2017, of July 31, relating to the marketing of tourist stays in housing.

Decree Law 3/2017, of August 4.

Decree 20/2015, of April 17, of general principles and guidelines for coordination in tourism; of regulation of advisory bodies, coordination and cooperation of the Government of the Balearic Islands, and regulation and classification of tourist companies and establishments.

In Formentera (in addition to the previous regulations):

  • Regulation 1/2015, which regulates the marketing of tourist stays in homes on the island of Formentera.
  • Quality plan for housing subject to tourism marketing for the 2015-2019 period.

“Therefore, until the areas suitable for the marketing of tourist stays in houses are expressly declared, the presentation of new responsible declarations to start the activity of tourist stays in housing is prohibited.”

3.Registration of tourism activity of tourist stays in housing

After the recent amendment of Article 50 of the aforementioned Law 8/2012, only new responsible declarations to start the marketing activity of tourist stays in housing and, therefore, carry out a new tourist marketing, if these declarations refer to residential housing located in the areas declared expressly suitable, following the procedure provided in article 5, or provisionally delimited in accordance with the provisions of article 75, both of this Law.

Therefore, until the areas suitable for the marketing of tourist stays in houses are expressly declared, the presentation of new responsible declarations to start the activity of tourist stays in housing is prohibited.

3.1 Documentation to be presented:

  • Responsible declaration to start the activity (DRIAT [acronym in Spanish] for the marketer)
  • Copy of the DNI [Spanish national identity number] or CIF [tax code] of the seller.
  • Accreditation through any means valid in personality law and representation of the declarant. In case of the communities of goods and civil societies, the names and DNIs of their members must also be indicated, or they must present the company’s incorporation document.
  • Address of the commercial premises, where applicable, telephone number, fax, email address and web site, where applicable, specifying the opening and closing hours (included in the DRIAT)
  • 24-hour assistance telephone number (included in the DRIAT)
  • Liability insurance policy
  • In addition, it can include all the information of the company or the activity considered relevant
  • Accreditation of the fee payment

4. Obligations for tourism companies (art. rticle 19 Law 8/2012)

The following are general obligations of tourist companies, without prejudice to the regulations that apply to them:

a) To present the declarations or communications before the competent tourist administration and provide the information and documentation that may be required, in virtue of the provisions of this Law or other regulations, for the development of its activity.

b) Maintain current and updated civil liability insurance, bonds and other equivalent guarantees, which are subject to the regulations that apply to them.

c) Display, in an easily visible place, the various certificates accrediting the classification, category and specialization of the establishment, as well as the distinctive quality, capacity and any other information referred to the exercise of the activity, in accordance with the provisions of the corresponding regulations.

d) Offer a product adequate to the objectives and purposes of the Law.

e) Make public the complete final prices of all the services offered, including taxes, breaking down, where appropriate, the amount of the increases or discounts that are applicable to the offer and the additional expenses affecting the tourist or user of tourism services.

f) Issue an itemized invoice for the services rendered, in accordance with agreed prices.

g) Take care of the proper operation of the services and correct maintenance of the facilities and equipment of the establishments, through a periodic technical monitoring, and inform users of the tourist services of any foreseeable risk that could derive from the provision of the services or the use of the facilities, as well as the safety measures adopted.

 h) Ensure the safety, reassurance, comfort and privacy of the users of tourist services, ensuring a kind, courteous and respectful treatment of the staff employed in the company.

i) Allow free access and permanence to users of tourist services, with no restrictions other than those established by the submission to the Law, the specific requirements that regulate the activity and, where appropriate, the system of internal rules and regulation that these companies establish. This regulation may not contain discriminatory rules due to birth, race, sex, religion, opinion or other personal or social circumstance, except in cases where the purpose pursued is a specialization of the establishment.

j) Make official claims and complaints forms available to users of tourist services and provide them.

k) Provide services in accordance with the category of the establishment and with the provisions of regulations.

l) Collaborate in the preservation of the environment within the framework of their corporate responsibility policies.

Jose María Dutilh

Jose María Dutilh

Socio Director de la Firma de Abogados LeQuid, especializada en Derecho de los Negocios y de las Empresas Sociales, estoy plenamente convencido de que el desarrollo empresarial rentable y eficiente no sólo es compatible sino que necesita la ética empresarial. En la actualidad, desde LeQuid colaboro con empresarios que necesitan una segunda oportunidad a través de estos procesos; Apoyo legal en el día a día, Re emprendimiento socialmente responsable, Fusiones y Adquisiciones, Reestructuración y Refinanciación de empresas o Concurso de acreedores entre otros.

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