“It’s important to pamper tourism, but through regulation”
During the first day of the Adeje Summer University the Civil Rights professor from the University of La Laguna, María Elena Sánchez Jordán, spoke of the importance of caring for the tourism industry, the islands’ major economic motor, through proper regulations to the benefit of both the clients and the service providers.
Sánchez Jordán outlined that during 2013 the law on urban leasing was changed to regulate rentals that were offered through tourism promotions online. This law change, which is still in force, outlines in article 5, that when this kind of rental accommodation is promoted online and meets a series of requirements, it is referred to a sectorial law. “The problem is”, she explained, “that under the Spanish constitution, there are two kinds of autonomous regions, those such as Catalonia, the Baleares, Valencia, Aragón, Galicia and Navarra, who can make internal rules regarding holidays etc, and the others, who only have the right to regulate within the tourism remit….it is one thing to be able to control tourism rental activity, quite another to have the ability to issue contracts between the owner and the consumer”.
What is certain, she argued, is that you can regulate the legal relationship between different parties, under state laws, “because the Canaries doesn’t have legal jurisdiction there, but we do in the area of tourism activity, and that’s where we need to act”. She continued, “but to avoid the potential quagmire, the best thing is to regulate the rights and duties of both sides (offer and demand), through state norms, the Civil Code or the Urban Leasing laws, in such a way as to ensure that the autonomous region normalises the relationship between owner of the holiday home and the local regional authorities with the appropriate permissions and requirements.
In other words, it is specifically “to modify and improve the decree, passed by the Canarian government in 2015, under which houses or holiday apartments in designated tourist zones were excluded, limiting the ownership rights of those individuals who have purchased in tourist zones.
national markets commission, and other associations before the superior courts, limits the economic life of the tourism market, and really needs to be replaced with a viable, flexible alternatives which benefits the sector”, María Elena Sánchez Jordán concluded.