Competition Law in Tourism

Towards a Regulation or a Deregulation of Tourist Apartments in Spain: With Particular Reference to the Autonomous Community of Andalusia Raúl Pérez Guerra María Matilde Ceballos Martín1 Abstract; I. Towards the Configuration of a New Accommodation Modality; I.1. Consideration of tourist apartments: a legal necessity; I.2. Tourist accommodation in the regional planning; II. Private Housing for Touristic Purpose in Andalusia; III. Conclusion; IV. References. Abstract This paper considers the current state of the lawin respect of tourist accommodation and, in particular, tourist apartments and rental homes for tourist use in Spain, as a result of the irruption of “the collaborative economy”, founded on digital platforms and technology advances in the tourism accommodation sector. It is an exploratory research focused on a sub-sector analysis of lodging arrangements. It is based on desk work (bibliographical, normative compilation and case laws of the hospitality industry). It is apparent that the legislation governing tourist apartments and rental homes for tourist use has developed considerably in the last decade and it presents an important level of dispersion, a high degree of heterogeneity in the categorisation criteria and, in some cases, lack of adaptation to incorporate key aspects, such as accessibility, quality and sustainability. By way of conclusion, it is clear that there is a need to unify criteria, respecting the local particularities and the competences of the Autonomous Communities. Keywords: Lodging; Tourism; Legislation; Tourist apartments; Private homes for tourist use; Collaborative economy. 1 Raúl Pérez Guerra (rperez@ual.es) & María Matilde Ceballos Martín (mceballo@ual.es): Doctors of Law by the University of Almería. Permanent Lecturers of Administrative Law in the University of Almería. Consulting professor at the University Oberta in Catalonia. Main lines of research: Tourism Law.

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