Tourism Law in Europe

10 engages in any of the following conducts: a) violates the internal rules, which may not include limitations of a discriminatory nature on grounds of race, language, sex, religion, etc.; b) breaches the basic rules of good coexistence; or, c) uses the facilities for purposes other than accommodation 21 . Linked to the main obligation of accommodation is the provision of other services that are essential for the enjoyment of the accommodation, and which are unavoidable for the host, such as the supply of electricity or running water, taking care of the cleaning of the accommodation unit, and the change of linen, since the lack of any of them would make the enjoyment of the essential service impossible 22 . Consider how absurd it would be to require the traveller to make his bed, clean his room or wash his sheets or towels. It must be agreed that if these services are not provided, the traveller will not be able to enjoy the contracted accommodation. Other services, on the other hand, will be understood as complementary or secondary and will be subject to the traveller's demand and to the possibility or not of the employer providing them, according to both the agreement established between both parties and the category of the establishment itself. This is also explicitly stated in article 534-13.2 PCM when it establishes that “ el titular del establecimiento de alojamiento estará obligado a proporcionar servicios complementarios y adicionales en los términos pactados, y normalmente con remuneración independiente »” 23 . We are referring in particular to the provision of meals, car parking, washing, and ironing of clothes, etc. These, if contracted and provided, must be paid for separately and do not form part of the accommodation contract, so that non-fulfilment by the host does not lead to the termination of the accommodation contract by the guest. 21 CEBALLOS MARTÍN, M. M. La regulación jurídica de los establecimientos hoteleros , Marcial Pons, Madrid- Barcelona, 2002, p . 230. 22 PÉREZ DE LA CRUZ, A. “Los contratos turísticos”, op . cit ., p. 277, points out that in so-called tourism contracts, which include accommodation contracts, in addition to the typical features of each contract, other contracts of a diffuse nature and contours are incorporated, focusing on personal assistance to tourists, to ensure that they enjoy certain levels of comfort during the performance of the contract, which is considered to be as inherent to the content of the contract as the basic features that make up the contract. 23 The owner of the accommodation establishment shall be obliged to provide complementary and additional services under the agreed terms, and normally with independent remuneration (author’s translation).