Tourism Law in Europe

31 Nor does it seem easy to defend, for this specific relationship, the complex nature of the traditional accommodation contract 66 , in which a whole series of services specific to and complementary to the service were combined, because although this contract was originally described as complex basically because of the different services that were required of the employer, over time, and especially for this type of contract, the demand for the service has been limited to the minimum obligations to provide accommodation in habitable conditions and to ensure its peaceful enjoyment, leaving the minimum obligations to be fulfilled in order to ensure the peaceful enjoyment of the service, over time, and above all, for this type of contract, the demand for the service has been limited to the minimum obligations of providing accommodation in habitable conditions and ensuring its peaceful enjoyment, leaving the rest of the traditional services to the specific agreement between host and guest, provided that the former can offer it. In these cases, in which only the basic service of accommodation is demanded, the contract concluded between the parties becomes a simple contract of accommodation 67 . Consequently, it will be the complementary services that will allow us to differentiate between traditional accommodation and the accommodation contract concluded between host and guest, with the host providing the guest with a holiday home, with the basic service, which we have described as low-cost accommodation. We advanced above that the accommodation contract is consensual in nature as it is perfected by consent between the parties (art. 1258 CC) without requiring any special formality. However, a large part of the regional legislation requires the low-cost agreement to be concluded in writing, requiring either the conclusion of the contract before the entry of the guest or an extract of the most relevant conditions, including the price, and signed by both parties (example, article 12.4 of Decree 113/2015, of 22 May, which approves the Regulations on holiday homes in the Autonomous Community of the Canary Islands). activity. According to the CJEU of 4 October 2018, the status of entrepreneur or trader is essential to determine the consumer status of the other party, especially in transactions carried out online, whether or not they are carried out with a certain degree of habituality. 66 REPRESA POLO, M.ª P. Responsabilidad de los establecimientos hoteleros por los efectos introducidos por los clientes , op . cit ., pp. 47 et seq . 67 Ibidem .