Tourism Law in Europe

32 Low-cost accommodation is also, like any other accommodation, a fundamentally onerous contract 68 , although this onerousness should not be considered, however, as an essential element of the agreement since, exceptionally, the service can also be provided free of charge, without the possible lack of onerousness detracting from the content of the obligation. It also agrees that it is a contract of successive tract or periodic performance, since the host's obligation - the provision of the service to the guest - is of a reiterative nature and lasts for as long as the guest stays in the dwelling, but limited to the accommodation service and the provision of the basic supplies (electricity, running water and bed linen and towels) to allow the enjoyment of the house. A final issue that characterises the traditional accommodation contract is the lack of freedom that the hotelier has to decide which guests he contracts with and which he does not. Likewise, it must be considered that this lack of freedom also applies to the host when advertising on the platform, perhaps with the sole exception of being able to consult the guest's profile and check the guest's evaluations. VI.2. Subjects and Obligations of the Parties As far as the parties are concerned, the only particularity in relation to what has already been seen is that the person offering the service may have the status of private individual and, consequently, that of consumer, which will not be held by the person contracting with him 69 . In any case, it should be noted that some regional regulations impose the status of the entrepreneur on the operators of a holiday or tourist homes in their territory, for the purposes of the application of the tourism sector regulations and, above all, with regard to establishing the consumer status of the counterparty to the contract, for example, article 2 e) of the aforementioned Decree 113/2015. 68 According to CEBALLOS MARTÍN, M. M. & PÉREZ GUERRA, R. El contrato turístico de alojamiento hotelero , op . cit ., p. 59, the price constitutes the basis of the relationship and explains why the professional activity of the funder has become an industry. In any case, and about the provision of the accommodation service on platforms such as Couchsurfing and HomeExchange, they can also be considered to be onerous in nature, although the consideration is not provided in currency, but in another series of real or eventual services, present or future. 69 In this respect, see: GONZÁLEZ CABRERA, I. El alojamiento colaborativo o el nuevo hospedaje low cost , op . cit ., pp. 227 et seq .