Competition Law in Tourism

TOWARDS A REGULATION OR A DEREGULATION OF TOURIST APARTMENTS 675 the house, the alphanumerical code of the registration in the RTA, number of hosts, dates of arrival and departure, the full amount of the stay and a telephone number (Art.7 DVFT). A copy of this document once fulfiled and signed must be conserved for one year by the responsible entity, for the use by the competent bodies for its probative value for administrative effects. Once in the apartment, if the users violate any of the obligations stated in the Andalusian Tourism Act, and especially those relatives to the coexistence rules, the holders of the accommodation activities can ask them to leave and ask for the payment of the total amount within a twenty-four hour window (Art.2 DVFT). Regarding prices and reservations, it is to be highlighted that in the value, services such as water, electricity, heating, cooling, cleaning and the use of the furnishing are included (Art. 8 DVFT). Both parties decide about the reservation prize and the money given in advance33. When the reservation occurs, the user will be given a receipt of the booking details and the penalties applying in any case. In the absence of a pact, the administrators of these properties can ask the users to make a book, an advanced fee as a reservation up to 30% of the total amount. In the case of a cancellation by the user, the activity holder can retain 50% on the advanced money if the cancellation is made 10 days before the stay – beyond that date, the total amount of the prize will be held. Finally, when the activity holder cancels the activity, the advanced money has to be given back to the user, and when this cancellation happens within 10 days before the stay, the holder will have to pay an extra 30% of the prize. If a cancellation happens by means of force majeure, consequently justified, by any of the parties, any penalty will be used (Art. 8 DVFT). III. CONCLUSION Changes in the way that tourist travel and new habits, together with the emergence of new forms of commercialisation, – directs and without intermediaries – based on the information and communication technologies, has involved the surfacing and growth of new types of accommodation as well as their inclusion into the regulated touristic offer. Plus, the emergence of the “collaborative economy” the online platforms for 33 See CEBALLOS MARTÍN, M.ª. M. & PÉREZ GUERRA, R. (2001). El contrato turístico de alojamiento hotelero, ed. Comares, Granada, pp. 65-66. Dichos autores indican que “se trata de un contrato mercantil con marcados matices de carácter administrativo (…). La intervención administrativa en este campo es muy amplia (…)”.

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