What are the tourism requirements that “tourist apartments” must comply with before their first rental?

  1. They must consist of “tourist apartments,” defined as blocks of housing, apartments, houses and similar buildings, regardless of the material used in their construction, which promote or market in information or marketing channels, whatever their support, through economic consideration, tourist accommodation services, and which provide adequate facilities for the preparation, preservation and consumption of food within each accommodation unit. The marketing of the tourist apartment must consist of the assignment of the use and enjoyment of the entire apartment.
     
  2. Their statements of compliance must be submitted to the competent tourism administration.
     
  3. They must comply with the accessibility, infrastructure, safety and environmental requirements that are established in tourist regulations and any other applicable regulations.

From a tourism perspective, what additional requirements must my “tourist apartment” comply with while it is being rented out?

In addition to the above requirements, you must take the following aspects into account:

  1. Maintain a duly completed Tourism Inspection Book, which will be available to the Tourism Inspection Office at all times, in order to reflect the visits and inspections that are carried out and their circumstances.
  2. Inform users about the terms and conditions of the services that are offered, prior to their provision, and give maximum publicity to their price. The prices must be communicated to the Regional Ministry of Tourism before offering the services.
  3. Make available to users a telephone number other than numbers subject to additional rates, and a postal address, fax number or email address so that they can present complaints and inquiries regarding the service, and communicate your legal address if it is different from your regular address. Complaints must be addressed in the shortest possible time, and in any case within one month from their receipt.
  4. Issue itemized invoices for the services provided in accordance with those previously communicated and explained.
  5. Keep tickets and invoices for 4 years.
  6. Advertise in an easily visible place the existence of complaint forms, and provide them to users who request them, informing them of how to complete them.
  7. Provide information about whether the establishment adheres to the extrajudicial dispute resolution system (Consumer Arbitration System, Royal Legislative Decree 1/2007, of 16 November, which can be consulted here). A link to the Online Dispute Resolution (ODR) Platform, or a system that replaces it, must be provided.
  8. Provide the Tourism Administration with the information and documentation that it requests in the exercise of its powers.
  9. Ensure the proper functioning of all of the establishment’s facilities and services, providing a service of the highest quality.
  10. Guarantee the safety, comfort, tranquility and privacy of the users.
  11. Do not discriminate against users on the basis of race, national origin, sex, disability, sexual orientation, religion, opinion or any other personal or social circumstance.
  12. Guarantee physical and cognitive accessibility by people with disabilities and/or dependents.
  13. Obtain a civil liability policy or equivalent guarantee, under the terms that will be established by regulation.
  14. Include in all advertising or information, in a manner that is visible to users, the corresponding establishment’s registration number in the General Registry of Tourism Companies and Activities of Extremadura.
  15. If applicable, display in a visible place the different classification accreditation emblems, as well as the quality and assessment emblems and any other information about the exercise of the activity.
  16. Inform users about the Internal Regime Regulation.

What procedure should I follow for tourism purposes in order to rent out my “tourist apartment”?

  1. The statement of compliance will be for the general regime applicable to the initiation and exercise of the tourism activity, without, in any case, registration in the General Registry of Tourism Companies and Activities being necessary for the recognition or exercise of a right or the initiation of the activity.
  2. The statement of compliance must be submitted in accordance with Art. 69 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
  3. The statement of compliance must contain the following facts, without prejudice to what is established by regulation:
    1. Data that identify the person making the statement or his/her legal representative, accompanied by the documents that verify his/her existence and identity.
    2. An indication of the activity to be exercised, including its type, modality and category.
    3. Data regarding the apartment, with an indication of the commercial name, domicile and contact modalities. Also provide an email address and telephone number.
    4. Provide supporting documentation for purposes of verification by the Administration.
  4. The submission of the statement of compliance will enable initiation of the activity, without prejudice to the Public Administrations’ verification, control and inspection powers.
  5. All data related to tourism activity providers will be recorded in the General Registry of Tourism Companies and Activities, administered by the competent Regional Tourism Ministry.
    Registration in said Registry will be carried out ex officio by the Administration based on the information contained in the statement of compliance, and in no case will the registration be necessary for the recognition or initiation of the activity.
    The purpose, organization and operation of the Registry will be established by regulation.
  6. Companies that advertise and/or market tourism activities on paper media, websites or platforms or any other media under the terms of Law 34/2002, of 11 July, on Information Society Services and E-Commerce, must notify the General Directorate responsible for tourism of the data related to the ownership and location of the activity, without stating the corresponding registration number in the General Registry of Tourism Companies and Activities.
  7. You can find additional information about the statement of compliance for the initiation or modification of tourism activities here.

What regulation governs the rental of my apartment, from a tourism point of view?

Law 6/2018, of 12 July, which amended Law 2/2011, of 31 January, on the Development and Modernization of Tourism in Extremadura.


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