Competition Law in Tourism

660 COMPETITION LAW IN TOURISM too local. It’s very likely that the European Union will end up establishing a common standard (first, trying to apply it with a soft law, through guidelines, and finally, if the problem is still not resolved, through a European directive). We should mention the latest proposals to the administrations emanating from the ReformBnB Forum12, structured in seven guidelines related to registration, taxation, limitations, safety and health, capacity of decision of the building’s neighbours, responsibility, application and control. The first proposal aims for a registration system that is essential for the authorities to have knowledge of the properties that are rented, who leases them and for how long. The first point also contemplates that the platforms should add the tourist license number in the different accommodations offered. The second measure puts the focus on taxation, claiming that a similar number of taxes and fees that are applied in hotels must be paid by the tourism floor industry, which should favour the different government authorities when collecting the correct amount of taxes. Compliance with tax regulations is a key factor for fair competition and would also make tax evasion by the hosts more difficult. The text that achieved a consensus also asks the Administrations to establish limitations to avoid a negative social impact. Consequently, the authorities would identify professional hosts who act on a regular basis and establish fair competition in the tourism market. Safety and health are other aspects highlighted in the document. The tourist apartments must comply with the applicable sectoral regulations, which must guarantee the provision of an optimal and safe service that covers the rights of the consumer and reduces the problems of coexistence with the environment. Another recommended measure is that the legal responsibilities of the platforms and hosts must be clearly defined. Therefore, landlords, online platforms and authorities must assume their responsibilities to the customer. The last point urges the local authorities to regulate, limit or cease the practices that they consider illegal and to define sanctions for people who violate the rules, as well as for the platforms that do not respect the established regulations13. 12 Forum that brings together the most important hotel associations in the world. https://reformbnb.com/ https://www.hosteltur.com/128413_hoteleros-de-todo-el-mundo-se-unen-contra-airbnb.html; Last access on 11 June 2019. 13 Source: https://www.gremihs.com/sitges/wp-content/uploads/2019/05/5cc84f1fb9fb5-guidelines-reformbnb. pdf; Last access on 12 June 2019.

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