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

282 LEGAL IMPACTS OF COVID-19 IN THE TOURISM INDUSTRY 3.3. Enabling accommodation for sanitary use Among other measures, Order SND/232/2020, of 15 March, which adopts measures in the field of human resources and means for managing the health crisis situation caused by COVID-19 (BOE no. 68), provides for the hiring of students in the last year of Medicine and Nursing. In its section 9, it also includes the provision of public or private spaces that meet the necessary conditions to provide health care, either in consultation or hospitalisation, referring for authorisation to the competent health authorities of each autonomous community. A few days later, the Ministry of Health issued the Instruction of 23 March 2020, which established the interpretative criteria for managing the health crisis situation caused by COVID-19 (BOE no. 81). This instruction made clear that, independently of the authority of the Minister of Health over the rest of the health authorities, the autonomous communities and local entities would maintain the management, within their sphere of competence, of the corresponding health services, ensuring at all times their adequate functioning. The Ministry of Health also considered that the suspension provided for in Order SND/257/2020 in no case prevented the health authorities of the autonomous communities, pursuant to the provisions of section 9 of Order SND/232/2020, from enabling spaces for sanitary use in the premises included in the scope of the first, including the Paradores de Turismo de España, that met the necessary conditions to provide health care, either in consultation or hospitalisation. This has allowed these premises, located near the hospital centres, to be used for sanitary use. The response of the autonomous communities was reasonably fast. The Community of Madrid through Order 381/2020, of 3 April, which enables certain spaces of hotel establishments in the Community of Madrid for residential use by the elderly (BOCM4 no. 85), authorises the Hotel Room Mate Alicia (34 rooms) and the Hotel Room Mate Alba (80 rooms) to accommodate residents of centres for the elderly with no symptoms or close contact with possible or confirmed cases from COVID-19. In these situations, the owner of the hotel facility assumes maintenance services, night security and two receptionists; while the rest of services, such as cleaning rooms, is carried out by personnel designated by the competent Ministry of the Community Government. As for the liability regime, it should be noted that the hotel staff is 4 Boletín Oficial de la Comunidad de Madrid (Official Gazette of the Community of Madrid).

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