Tourism Law in Europe

34 from whoever, within the framework of the accommodation relationship entered into in a tourist dwelling, causes damage to his guest due to fault or negligence, it cannot be demanded with the same rigour as that which we have set out above. This we saw at the time, differentiating the liability of the host for non-fulfilment of the service, that derived from damage caused to the health or physical integrity of the guest and for damage caused to his luggage. Let us, therefore, follow the same order. The host also has a fundamental obligation to provide the accommodation under the conditions set out in the platform and must comply with this. In this case, it would be a lack of conformity due to inaccurate, partial or simply late performance 73 , but also in the event of a breach of the agreement in accordance with Articles 1101 et seq . CC. This liability, as we have seen, is of a patrimonial and compensatory nature 74 . Concerning liability for damage caused to the guest's person or physical integrity, it is true, as we saw above, that it arises from the breach of certain obligations, which here can be specified in the provision of a dwelling that does not comply with the conditions stipulated by the regulations in force in terms of safety and health, also because the generic duty not to cause damage to another is breached, provided that this lack of compliance can be attributed to the host or his delegate, regardless of whether the host is considered a businessman or a private individual 75 . Strictly speaking, we believe that it is not possible to demand extra prudence and diligence, typical of a businessman, from someone who does not have such status, even though some Autonomous Communities may equate the host with a businessman. In other words, we understand that the host will have to provide the accommodation in optimum safety conditions 76 , since, following the low-cost accommodation contract, the cardinal obligation assumed is the provision of accommodation services in a suitable place for this purpose. It cannot therefore be understood that such a duty is fulfilled if it 73 Vid. , REGLERO CAMPOS, L. F. “Conceptos generales y elementos de delimitación”, op . cit ., p. 66. 74 PANTALEÓN, F. “El sistema de responsabilidad contractual (materiales para un debate)”, op . cit. , p. 1043. 75 See the above, especially DE ANGEL YAGÜEZ, R. Tratado de Responsabilidad Civil , op . cit ., p. 13; NÚÑEZ MUÑIZ, C. “Responsabilidad contractual y extracontractual: Problemas prácticos que plantea esta dualidad”, op . cit ., pp. 231 et seq ; and REGLERO CAMPOS, L. F. “Conceptos generales y elementos de delimitación”, op . cit ., p. 66. 76 Although the different Autonomous Communities stipulate a series of conditions, not always similar, we understand, as FERNÁNDEZ PÉREZ, N. El alojamiento colaborativo , op . cit ., p. 181, that they must have at least a licence for first occupation and must remain in a suitable state of conservation, both in terms of infrastructure and facilities.