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

CORONAVIRUS AND TOURISM IN SPAIN 281  workers of the critical operators of essential services provided in Law 8/2011, of 28 April, on the protection of critical infrastructures. The Annex to the Order lists the tourist accommodations declared essential services in each province, with the possibility of being reviewed and updated by resolution of the Minister of Transport, Mobility and Urban Agenda, which occurred through Order TMA/305/2020, of 30 March. Of course, in the provision of accommodation services, the protection measures and instructions indicated by the Ministry of Health must be observed in any case, aimed at preventing the spread of COVID-19. It is clear that the Annex in which the accommodation relationship is established is open, but can the owner of any accommodation request its inclusion? Because of Article 3 of the Order, the rest of the accommodations that are not listed in the Annex may provide accommodation to the aforementioned groups. To keep the list updated, coordination and cooperation between SETUR and the autonomous communities is essential, as they have exclusive responsibility and, therefore, the human and material resources for tourism management. Section 2 provides for the provision of accommodation services in exceptional cases, specifically, to the persons provided for in letters b), c), d), e) and g) of Article 7.1. In short, the tourist accommodation mentioned above will allow the accommodation of people who must move to attend to the elderly, minors, dependents, people with disabilities, especially vulnerable people or those with health care needs, as well as all those people who, due to force majeure or situation of need, urgently require accommodation. All the accommodations declared as essential are allowed to provide restaurant service and any other service necessary for the proper provision of the accommodation service, provided they are enabled for it, but exclusively for people who are staying in the same place. That is to say, it will not be possible to provide a restaurant service open to the public, but as an exception access to cleaning and restaurant facilities and services is allowed to professional merchandise transporters, even if they are not being housed there. Likewise, the provision of all services must be carried out, observing all the protection measures and instructions indicated by the Ministry of Health. Lastly, it should be noted that these measures apply from the time the rule came into force (25 March) until the end of the alarm period or until there are circumstances that justify a new order modifying the terms of the one previously mentioned.

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