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

TOURISM ACCOMMODATION ESTABLISHMENTS IN SPAIN 261 II. THE SUSPENSION OF OPENING TO THE PUBLIC OF TOURIST ACCOMMODATION ESTABLISHMENTS In the tourist field, the case of tourist accommodation is complex, since there are common spaces that are shared, and this carries a high risk of contagion. For these reasons, it was considered appropriate, to avoid the spread of the pandemic, the suspension of tourist accommodation establishments regarding their public opening, following the provisions of Article 10.4 of Royal Decree No. 463/2020. On 19 March, the Order SND/257/2020 was approved, declaring the suspension of opening to the public of tourist accommodation establishments, in accordance with Article 10.6 of Royal Decree No. 463/202024. In this regard, hotels and similar accommodation, tourist accommodation and other short-stay accommodation, as well as camping sites and caravan parks, are included in this suspension, with the scope of the application being in the entire national territory. However, the provision of surveillance, security and maintenance services of the indicated establishments are exempt from this suspension. The closure of these establishments will take place when there are no customers to attend and, in any case, within a maximum period of seven calendar days from the effective date of the regulation that was the same day of its publication in the Official State Gazette (BOE), 19 March 2020. Regarding the calculation of the deadlines, it is necessary to pay attention to what is indicated in Article 5 of the Civil Code25. The problem arises with subjects who are housed in the indicated establishments for an extended period: people who “live” in hotels or campsites, for example. For these people, the establishment is their habitual residence and, as such, they must comply with the mandatory confinement due to the decreed 24 BOE No. 75, 19 March 2020. 25 This article provides that: “1. Unless otherwise provided, for periods stated in number of days, counting from a particular date, the latter shall be excluded from the calculation, which shall begin on the following day; and periods set in number of months or years shall be calculated from date to date. Where on the month of expiration date there should be no date equivalent to the initial date of the period, the period shall be deemed to expire on the last day of the month; 2. Calculation of periods according to civil law shall not exclude non-business days.” (“Siempre que no se establezca otra cosa, en los plazos señalados por días, a contar de uno determinado, quedará éste excluido del cómputo, el cual deberá empezar en el día siguiente; y si los plazos estuviesen fijados por meses o años se computarán de fecha a fecha. Cuando en el mes del vencimiento no hubiere día equivalente al inicial del cómputo, se entenderá que el plazo expira el último del mes; 2. En el cómputo civil de los plazos no se excluyen los días inhábiles”).

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