The Legal Impacts of COVID-19 in the Travel, Tourism and Hospitality Industry

238 LEGAL IMPACTS OF COVID-19 IN THE TOURISM INDUSTRY monetary exchange, such as cultural exchanges and possible long-term personal relationships31. On the other hand, HomeExchange is a social network that allows the exchange of houses. Both its expansion and the motivation of its users are similar to that of Couchsurfing: a reduction in the cost of accommodation that is achieved through the home exchange, if possible32, thus experiencing the coexistence of neighbours in the destination, as if the traveller was only just another resident, since, in many cases, the accommodation is outside the tourist circuits. HomeExchange was founded in 1992 and, since then, has been allowing users, through an annual fee, to subscribe to its website, in which said users can offer their homes, as well as propose to exchange them for another property in the place they wish to visit. To do so, they will have to provide certain information about the property, such as the location of the property, the number of rooms, the square metres, the type of property, etc. They may also offer a series of other added services, such as parking spaces, vehicles, boats, access to sports facilities whose expenses are already paid by the property owner, among others33. Obviously, the more services are provided, the more interested people there may be. In any case, what is relevant with this type of platform is that it is based on the creation of its own community, in which its members, subject to a certain quota, can publish their offers and demands, as well as reach an agreement on what they consider of greatest interest through the website itself, based, as always, on the trust and reputation of the social network itself and of the users34. None of the above-mentioned consumer hospitality platforms has its own assets, no price to pay, no predisposition of the consideration – beyond the 31 According to DE MIGUEL, C., “The transformation of identity and privacy through online social networks (The Couchsurfing case)”, McLuhan Galaxy Conference: understanding media today, UOC, Barcelona, May 2010, p. 311, Couchsurfing consists of a network of strangers from all corners of the world who, on the one hand, can see each other’s profiles, and on the other hand, make requests to stay at someone else’s house. Couchsurfing breaks, as well as many of the social rules we have adopted, as people are welcoming strangers into the privacy of their homes, allowing them to live and enjoy their space, for a certain time, in exchange for interpersonal relationships. Also because it is a way of providing the prospective host with the possibility of being received by the current guest in his home at a later time, although no reciprocity is required. 32 Certainly, the consideration is not monetary, but in kind, since it would be configured by the transfer of the dwelling or property in exchange for the use of the property of the other party to the contract. In this line, CALDERÓN CORREDOR, Z., “Experiencias de respuesta fiscal para el alojamiento colaborativo desde los contextos europeo y de la OCDE”, Nueva Fiscalidad, no. 4, 2017, electronic ed., p. 112. 33 Ibidem, p. 2. 34 GONZÁLEZ CABRERA, I., “El turismo colaborativo: Las múltiples actividades puestas al servicio del turismo y la dificultad de su encaje jurídico único”, op. cit., p. 43.

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