NEW RENTAL LAW FOR HOLIDAY APARTMENTS III – Right and obligations for users, infringements and fines
With this new post about the Decree 28/2016 we end our comments about the subject.
As we have already seen, when the rental of an apartment is considered done with touristic purpose it’s legally treated as a touristic service being then subject to the Law of Tourism of Andalusia (LTA) of 2011. In many aspects this new Decree refers to this general Law of Tourism in Andalusia. Among other aspects, the Decree refers to interesting aspects such as user’s rights and obligations, infractions and fines.
Additionally to the rights set out at the Decree, users have some basic rights listed in article 21 LTA. The next article (nr 22) defines the user’s obligations.
Rights, among others:
- Right to receive clear and true information from the service provider before retaining the services, including all necessary details about the price, taxes, discounts or offers.
- Being provided with a contract, a written document including all terms and conditions and to receive those services just as agreed.
- Being provided with privacy and security for users and their goods.
- Being warned of any risks at services or installations (i.e. dangerous floors).
- Receive a legal invoice.
Obligations, among others:
- Users must observe the basic manners for living in this type of premises (being careful with noises as an example) keeping them tide up and clean.
- Users must respect the Urbanization’s internal rules such as those related to the use of common leisure areas or pools.
- Observe the agreed terms to check out, vacating on time and collecting all personal items (same as it will be done in a hotel).
In relation with infringements and penalties, the decree again refers to the LTA. Infringements are classified as minor, serious and very serious.
Are considered minor infringements, as an example: providing wrong information at the responsible’s declaration (see post 1 on this subject) or lack of cleaning or maintenance. The penalty is fine up to 2.000,00 €
Are considered as serious infringements, sell directly or indirectly clandestine accommodation services, serious lack of respect to users, providing false data to the Administration, resistance to provide any of the agreed services, a contract or a legal invoice, etc. The penalty for these infringements is fine between 2001,00 € up to 18.000,00 € depending on the case, being possible to add a provisional closure of the premises up to six months, being this period also set out depending on the specific circumstances.
Finally are very serious infringements refusing to provide the agreed accommodation, to expel an user with discrimination of any kind, continuous serious infringements, to obstruct the labour of inspectors, etc. The penalty associated in this case is fine between 18.001,00 € and 150.000,00 € and suspension of the service or closure of the premises from six months up to 3 years
At the Decree’s Article nr 11 it is established the definition of clandestine touristic services considering as such the one that is not legally licensed (absence of notification of the responsible’s declaration), being punished as a serious infringement by reference to article 71.1 of the LTA
We hope that these posts have been useful to property owners and users of touristic services. We wish you a marvellous holiday in the south of Spain
At Criado & Kraus we would be delighted to further assist you in this subject. Don’t hesitate to contact us.
José F. Criado Sánchez