This new measure has been the subject of continued criticism from the accommodation sector and travel agencies, denouncing its high bureaucratic burden, loss of competitiveness and potential violation of travelers’ privacy.
This Monday, December 2, the application of Royal Decree 933/2021 will come into force, which sets out the obligations of documentary report and information about natural or legal persons engaged in and considering accommodation and motor vehicle rental activities fines up to 30,000 euros for defaulters.
This new measure has been the subject of constant criticism accommodation sector and of the travel agenciessuing the high bureaucratic burdenthe loss of competitiveness and the possible violation of privacy of travelers.
However, the Ministry of the Interior assures that throughout the entire process of preparing and approving the decree, it will adhere to the principle of transparency and efficiencyafter the recipients had participated and the objectives of the regulation were clearly defined, both in the preamble of the standard and in the report, without “unnecessary or additional administrative burdens being included”.
Finally, the affected companies will be forced to provide the corresponding data on the platform Ses.Accommodationswhich has been available since 2022 and in which 61,540 hotel establishments, 1,994 travel agencies, 222 digital platforms and 1,720 car rental companies have already registered.
If we add all these companies, the total adds up 4.77 million user data associated with these companies.
Affected companies
According to the publication in the Government Gazette (BOE), the obligation to register documents rests on natural or legal persons who, professionally or otherwise, accommodation activities or rental of vehicles motorcycle without driver.
The first part includes hotels, hostels, pensionsboarding houses, establishments rural tourism or analogues, campsites and parking spaces campers.
The rental of motor vehicles without a driver concerns activities carried out to facilitate their use by a third party, for a specified period of time, and in exchange for compensation, consideration or a specified price. The rental of vehicles is excluded from the provisions of this section. car taxis and, in general, leasing vehicles with drivers.
Facts
In terms of data collection, Home Affairs has reminded that companies will not collect more than what they are currently doing:
1. Lease company details: Name or company name of the owner, CIF or NIF, municipality, province, landline and/or mobile telephone, email address, company website, URL identifying the advertisement.
2. Location details: type of location, name, full address, zip code, city and province.
3. Traveler data: Name, first surname, middle surname, gender, identity document number, document support number, type of document (DNI, passport, TIE), nationality, date of birth, habitual residence, landline, mobile phone, email, number of travelers, relationship between travelers (in case one is a minor).
4. Transaction data: contract data, reference number, contract execution data, ownership data, payment data.
Sanctions from 100 euros to 30,000 euros
Finally, although the ministry wanted to make it clear that this scheme does not have “a collection purpose to fill the public coffers”, minor and major sanctions will be imposed on companies that do not comply with the regulations.
Source: EITB

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