Tourism Law in Europe

6 must be taken into account about the possible consideration of the guest as a consumer, provided that he/she is a natural person who stays in the establishment for purposes other than his/her commercial, business or professional activity [art. 3 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (TRLGDCU)]. On the contrary, it will be necessary to defend the civil nature of those concluded between private individuals, even if they have the same object, tourist accommodation, are for a consideration and are even carried out on accommodation units integrated in establishments which, on the other hand, are operated by an operator with a business nature, a typical case of accommodation carried out in extra-hotel establishments in violation of the principle of unity of exploitation recognised by some autonomous community regulations 12 . On the other hand, those others that are regulated by the appropriate sectorial rules (see, for example, the one regulated by the Canary Islands Holiday Dwellings Regulation, approved by Decree 113/2015, of 22 May) will be of a commercial nature. When this contract goes beyond the mere provision of the rental of the flat and other services, whether essential or accessory, are provided directly or indirectly by the private individual, it must be classified as a contract of accommodation 13 . III. Personal Elements There are two parties to the contract of accommodation. On the one hand, the host or hotel operator and on the other hand, the guest. By host, we understand the natural or legal person who, having the legal capacity or the requirements demanded by law, habitually engages in the operation of the accommodation service (arts. 2 and 4 CCom) 14 . It is true that for this purpose, the hotel 12 This principle requires that the operation, management, administration and direction of all the accommodation units of the aforementioned establishments be subject to a single business ownership, as a guarantee of responsibility and quality in the provision of the services offered to tourist users. In this respect, see the Explanatory Memorandum to Law 5/1999, of 15 March, amending Law 7/1995, of 6 April, on the Organisation of Tourism in the Canary Islands. 13 For further details, see our position in GONZÁLEZ CABRERA, I. El alojamiento colaborativo o el nuevo hospedaje low cost , Dykinson, Madrid, 2020, pp. 178 et seq . 14 Indeed, one can also speak of a contract of accommodation when a person lodges another person in his home in exchange for a price, but in this case, the accommodation that takes place for the guest contributing to the family economy is not of interest for the present work, insofar as it is not made for tourist purposes. Neither are those other accommodation contracts that are agreed for different purposes