COLLABORATIVE TOURISM ACTIVITIES 239 possibility of exchanging the property or the possibility of staying on the guest’s sofa if the guest can host it in the future –, no predisposition of the contractual clauses, no control over the provision of the service and, therefore, in accordance with the above, these platforms have the status of information society service providers. The consequence of this condition is that they do not assume responsibility for the service concluded through them, and the exemption from responsibility contained in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (EC) applies to them. III.2. The Legal Relationship Arising from the Transaction The potential legal relationship that could arise between the parties is of particular interest. It should be noted that this is a triangular relationship where both the applicant of the service and the offerer contact the platform, and it is this that allows the publications of some to be matched with the demands of others. Some of these relationships could be framed within the field of consumption; at least, those closer to the platforms that operate in a similar way to the sectorial business models, but, above all and without any kind of doubt, those that have been regulated by sectorial norms that include this. To this end, the rules of the Autonomous Regions that configure the host as an entrepreneur or, at least, give it a similar condition to establish the greater protection that our Law grants to its counterpart in the contract are of interest. This is done, among others, by Article 2 a) of Decree 113/2015 of 22 May, which approves the Regulations of Holiday Housing in the Canary Islands; Article 4 of Decree 28/2016 of 2 February, on housing for tourism purposes and amending Decree 194/2010 of 20 April, on tourist apartment establishments in Andalusia; or Article 3 d) of Decree 48/2016, of 10 August, on holiday homes and homes for tourist use in the Principality of Asturias. This Decree establishes the condition of operating companies and, consequently, the condition of an employer to those who operate such housing regardless of whether it is their main activity. The main activity can assimilate this operation to the customary required by the Commercial Code as one of the characteristics that allow us to identify the employer, to offer such housing on two or more occasions throughout the year35. 35 As said by FRANCH FLUXÁ, J. & RIBAS CONRADO, J. F., “El alquiler de viviendas para uso vacacional. Perspectiva actual, problemas y propuestas legales”, Estudios Turísticos, no. 195, 2013, ed.
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