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

278 LEGAL IMPACTS OF COVID-19 IN THE TOURISM INDUSTRY protocols, prevention measures, action measures) and social (i.e. adjustments to avoid layoffs, adaptation of working conditions and benefits due to unemployment). Simultaneously on some occasions and successively on others, the autonomous communities have published regulations to alleviate the effects of the pandemic in their respective territories. To this, we must add the actions of councils and municipalities, currently focused on protecting their citizens and their economy. 3. SANITARY AND SOCIOECONOMIC MEASURES THAT AFFECT THE SPANISH TOURISM SECTOR 3.1. Cancellation of hotel and restaurant activities The first measures aimed at the tourism sector were established in Royal Decree 463/2020, specifically in Article 10, which, under the title “Containment measures in the field of commercial activity, cultural facilities, establishments and recreational activities, activities of hotel and restaurant services, and other additional”, determines the suspension of “hotel and restaurant activities, being able to provide home delivery services exclusively” (Art. 10.4). Section 3 of the same article, the opening to the public of museums, archives, libraries, monuments, as well as the premises and establishments where public shows, sports and leisure activities take place (related in the annex to the Royal Decree) is also suspended. Moreover, Article 11 establishes a series of containment measures with civil and religious ceremonies with great repercussion in the tourism sector, for example, of weddings, baptisms and communions. The annex (modified by Article 5 of RD 465/2020, of 17 March) lists the equipment and activities whose opening to the public is suspended following the provisions of Article 10. This article is developed in the Order SND/257/2020, of 19 March (BOE no. 75) and establishes “the suspension of opening to the public of all hotels and similar accommodation, tourist accommodation and other short-term accommodation, camping sites, caravan parks and other establishments similar, located anywhere in the national territory. Under exceptional circumstances, the provision of surveillance, security and maintenance services in these establishments is allowed”. With this wording, doubts arose as to whether the suspension extended to other types of tourist accommodation, such as tourist apartments (tourist flats), guesthouses, hostels or the various figures of rural accommodation. The response of the Ministry of Industry, Trade and Tourism (MINCOTUR) was reflected in an explanatory report on the application of Order SND/257/2020,

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