Competition Law in Tourism

670 COMPETITION LAW IN TOURISM in the offering of touristic services and suppression of clandestine situations and unfair competence of this activity; 2. define the tourist apartments respecting some common features, such as other physical spaces – “property”, “housing”, “accommodation units”, “living units” – that are furnished and usually ready – through an amount of money – to serve as an accommodation for tourist or holiday use. Within the operation of the tourist apartments, the unit of operation is imposed, so its administration relies on an only holder. Some modalities of operation are fixed: “block of flats, buildings, resorts”18 and “set of apartments”19; 3. make a difference between apartments and other tourist housing, but the denomination is not homogenous – the Canary Islands and Asturias call them “vacation housing”; in Murcia “vacation accommodation”; in Valence, La Rioja, Madrid and Castilla-La Mancha, they are called “houses for a touristic use”. Galicia and Catalonia differentiate “vacation housing” from “vacation accommodation”; Navarra incorporates the “touristic rural housing”; and Andalusia has “houses for a touristic use”; the Basque Country makes the differentiates between “houses for a touristic use” and “rooms in private properties for a touristic use”; plus, some regulations such as the ones of the Balear Islands and Valence, have included the “enterprise commercialising with holiday housing” and “enterprises managing touristic housing”. However, all of them respond to the definition of tourism purposes given by Gillén Navarro, which includes many modalities and terminology used by regional legislators defining them as: “furnished and equipped house to be immediately used as a seasonal usual and profitable house by the owner or by third parties after some kind of commercialisation through the canals of the touristic offer distribution”20; 4. determine that the tourist housing offer and the accommodation service are considered as a touristic service so they are under this sector regulations, even if other regulations can apply with regards to its localisation and characteristics; 18 Tourist apartments include “the entire building, a resort, bungalows or villas, all for tourist use and exploited by a business unit”. 19 Tourist apartments are defined as “the added of a precise number of accommodations units (apartments, bungalows or villas,) located in the same or in different places and without building a block are used for touristic purposes, exploited by a business unit”. 20 See GUILLÉN NAVARRO, N. A. (2015) “La vivienda…, op. cit., p. 119.

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