COLLABORATIVE TOURISM ACTIVITIES 231 from their usual environment, since such words necessarily lead us to think about the transfer of a person from one place, the one where he/she lives, to another different one, needing at least two fundamental elements for this, which are transport and accommodation. These elements can also be found in the two widely accepted definitions of tourists, that is, the one contained in the New York Convention of 4 June 1954 or the one most widely accepted by the doctrine. Concerning to the first, a tourist is defined as “any person, without distinction as to race, sex, language or religion, who enters the territory of a Contracting State other than that in which he has his habitual residence and stays there for at least twenty-four hours and not more than six months for tourism, recreation, sport, health, family affairs, study, religious pilgrimage or business, without any immigration purpose”. However, it is clear that this concept is currently unworkable and subject to criticism because it does not recognise as tourists those who travel within the borders of the country in which they reside14. Therefore, the author thinks it is more in line with reality the definition accepted by the majority doctrine, according to which a tourist is considered as any person who travels to a place other than their habitual residence, provided that their transfer exceeds twenty-four hours or spends at least one night in collective or private accommodation in the place visited. It should, therefore, be noted that of the concepts used, two are the elements that can be qualified as tourist activities: those that are already advanced, transport and accommodation15. That is why we dedicate a more considerable effort to examining both activities, exploring others that are also used by tourists and that are contracted through digital platforms, on a residual basis. II.2. The Qualification of “Collaborative” Once the activities under study have been clarified, it will also be necessary to determine which of the multiple activities carried out through digital platforms could be classified as collaborative. First of all, we must point out that this is a complicated issue on which there is no unanimity either in the doctrine or in the Institutions. 14 On this point, it is interesting to note how, within the Autonomous Community of the Canary Islands, Law 7/95 of 6 April on the Regulation of Tourism in the Canary Islands (LOTC) identifies the term tourist with that of tourist user, since this expression is broader than the former since in the popular literature the term tourist is understood in a fundamental way to mean the foreigner who visits our islands, although nationals, in general, and even the Canaries, in particular, are the demanders and recipients of tourist services. 15 The first has been described as an indispensable sector for tourism by AURIOLES MARTÍN, A., Introducción al Derecho Turístico, Tecnos, 2nd ed., 2005, p. 113.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==