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

16 the platforms that operate in a similar way to the sectorial business models, but, above all and without any kind of doubt, those that have been regulated by sectorial norms that include this. To this end, the rules of the Autonomous Regions that configure the host as an entrepreneur or, at least, give it a similar condition to establish the greater protection that our Law grants to its counterpart in the contract are of interest. This is done, among others, by Article 2 a) of Decree 113/2015 of 22 May, which approves the Regulations of Holiday Housing in the Canary Islands; Article 4 of Decree 28/2016 of 2 February, on housing for tourism purposes and amending Decree 194/2010 of 20 April, on tourist apartment establishments in Andalusia; or Article 3 d) of Decree 48/2016, of 10 August, on holiday homes and homes for tourist use in the Principality of Asturias. This Decree establishes the condition of operating companies and, consequently, the condition of an employer to those who operate such housing regardless of whether it is their main activity. The main activity can assimilate this operation to the customary required by the Commercial Code as one of the characteristics that allow us to identify the employer, to offer such housing on two or more occasions throughout the year 35 . Certainly, and according to this body of law, an entrepreneur or professional 36 is a natural or legal person who, by himself or through a third party, carries out a professional or business activity, in his name, thus assuming the rights and obligations arising from that activity. To be considered as an entrepreneur or professional, and under Article 1 of the Commercial Code, it will be required legal capacity (being of legal age and having free disposal of his assets) and the habitual or professional performance of the activity in question. In addition, the commercial doctrine requires that the person acts in his own name 37 . 35 As said by FRANCH FLUXÁ, J. & RIBAS CONRADO, J. F., “El alquiler de viviendas para uso vacacional. Perspectiva actual, problemas y propuestas legales”, Estudios Turís ticos, no. 195, 2013, ed. electrónica, p. 18, that such habituality is recognised by the Courts, as soon as the apartments are advertised or the accommodation is provided on two or more occasions within the same year, for a period exceeding one month, which will also make it possible to distinguish the accommodation contract from the holiday season rental contract. 36 Unification that perfectly assumes the Royal Legislative Decree 1/2007, of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users and other complementary laws. 37 About the concept of the entrepreneur, see a ROJO, A., “El empresario (I)”, en Lecciones de Derecho Mercantil , Menéndez, Aurelio y Rojo, Ángel (dir.), 17 th ed., Aranzadi, Cizur Menor, 2019, pp. 45 et seq .