Competition Law in Tourism

672 COMPETITION LAW IN TOURISM in ownership and reforms. Collections for advertising, complaint forms, visual identification plates, maintenance and correct working of the facilities and services and the collaboration with tourist inspection are imposed by the regulations; 9. compel the establishment to have an internal regulation that creates rules to be followed by the users during their stay; 10. prescribe, differently, the conditions andminimum technical requirements to belong to one or other modality that the establishments must include (licenses, quality technical conditions – air conditioning, heating, equipment, among others – and services – cleaning, information, internet connection, among others); 11. foresee the administrative power of establishing exceptions to some requirements through a precise procedure to this effect; 12. fix the services and supplies included in the prize that the user must pay (water, electricity, heating, cooling, cleaning and use of the furnishing); and 13. establish the authorisation in administrative, inspection and sanction within the touristic area, submitting, in case of a penalty, to the consolidated text of touristic acts. II. PRIVATE HOUSING FOR TOURISTIC PURPOSES IN ANDALUSIA The Autonomous Community of Andalusia rules touristic apartments and holiday housing through two regulations: Decree 194/2010 of 20 April, for tourist apartments and Decree 28/2016, of 2 February, for houses with tourist purposes (DVFT in Spanish) modifying the precedent regulations25. For the Spanish legislation, housing for touristic purposes is located in buildings over residential land, in which, through a price, an accommodation service is offered, regularly and with touristic purposes (Art. 3 DVFT). With regards to this definition, as pointed out by Bombillar Sáenz26, it is permitted 25 About Andalusia see PÉREZ GUERRA, R. (2019). “Algunas consideraciones sobre el régimen jurídico- -administrativo de los pisos turísticos: las viviendas turísticas versus a los apartamentos turísticos. Especial referencia a la Comunidad Autónoma de Andalucía”, Revista General de Derecho Administrativo, No. 51. 26 See BOMBILLAR SÁENZ, F. (2017), “Otros establecimientos de alojamiento turístico”, in FERNÁNDEZ RAMOS, S. and PÉREZ MONGUIÓ, J. M., Estudios sobre el Derecho del Turismo de Andalucía, IAAP, Sevilla, pp. 368-369.

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