Tourism Law in Europe

1 Housing Regulation in Spain 1 Inmaculada González Cabrera 2 I. Introduction; II. Concept, Legal Nature and Characteristics. III. Personal Elements; IV. Obligations of the Parties; IV.1. Obligations of the Hotel Operator; IV.2. Obligations of the Guest; V. The Employer’s Liability; V.1. Liability for the Non-Fulfilment of the Performance; V.2. Liability for Damage Caused to the Guest’s Health and Physical Integrity; V.3. Liability for Damage to the Guest’s Effects or Property; V.3.1. Liability for the Effects Brought by the Guest into the Establishment; V.3.2. Liability for valuables delivered to him or left in his custody; V.3.3. Liability for damage caused to the customer’s vehicle; VI. The Accommodation Contract Concluded Through the So-Called Collaborative Platforms; VI.1. Concept and Characteristics of the Hosting Contract Concluded on These Platforms; VI.2. Subjects and Obligations of the Parties; VI.3. The Host’s Responsibility; VII. Bibliography. I. Introduction It is obligatory to begin by warning the reader that the contract of accommodation, as a legal business that supports the accommodation service, has been known in our country since the 8th century, and was used by the many pilgrims who, since the Middle Ages, have travelled the Way of St. James. Today, it is a tourist route, in addition to the religious content of the route. However, despite being used by these pilgrims and by the many 1 This work has been carried out within the framework of the following research projects: (i) the one granted by the Ministerio de Economía, Industria y Competitividad, DER2017-85616-R, under the title: “Desmontando la economía colaborativa: Hacia una nueva forma de comercialización de productos y servicios”; y (ii) Co-financed by the Economía, Industria, Comercio y Conocimiento y Programa Operativo FEDER Canarias 2014-2020, ProID2020010045, bajo el título De la economía colaborativa al turismo sostenible: Nuevos retos del turismo canario. In both I am the principal investigator. It should also be noted that this work is the result of others previously carried out since 2007, given that, as will be seen, accommodation is still not regulated in our legal system, and there are few new developments that we can offer about its regulation. 2 Research Professor in the Tourism, Territorial Planning and Environment Research Group (TOTMA), which is part of the ECOAQUA University Institute of the University of Las Palmas de Gran Canaria. This double affiliation is indicated in compliance with the University of Las Palmas de Gran Canaria's own regulations. Contact : inmaculada.gonzalezcabrera@ulpgc.es.