Tourism Law in Europe
7 or extra-hotel establishment can be owned and operated directly, under a franchise or through a hotel management contract, but it can also lease the property or the business itself as a business activity and operate it in its own name. In the latter case there is a dissociation between the ownership of the property and the ownership of the business. In any case, it should be borne in mind that the commencement of this commercial activity, beyond the obligation of the entrepreneur to register in the Companies Register if he adopts a corporate form, will be subject to compliance with the different administrative regulations aimed at controlling the provision of the service and the property, such as the appropriate licences, compliance with certain standards to achieve an appropriate qualification, those relating to safety conditions, both in the building and in the development of the activity, etc. Besides, these establishments, due to their tourist nature, will automatically (as regulated in each Autonomous Community) access the corresponding register of tourist activities, which will allow the competent Administration to control the accommodation establishments and exercise its inspection and sanctioning powers, where appropriate [arts. 5.2 a), 22, 37.1, 75 to 77, 83 and 84 of Law 7/1995, of 6 April, on Tourism Management in the Canary Islands (LOTCa); 3, 37, 38, 64, and 69 to 72 of Law 13/2011 of 23 December, on Tourism in Andalusia (LTA); 6, 27, 94 and 102 of Law 8/2012, of 19 July, on Tourism in the Balearic Islands (LTIB), among others]. The guest is any person who requests accommodation in the establishment, regardless of whether they are a professional or a consumer. However, it should be noted that, depending on whether or not the guest is considered a consumer and user, their legal treatment may be different. We will certainly see how general obligations of custody of the guest's effects as a traveller are foreseen, to which we will refer below, and which are imposed indistinctly regardless of the traveller's status. There will also be a similar treatment for the possible responsibilities assumed by the host for the physical damage or injuries caused to the traveller, but the legal treatment may differ in the case of the and that have many similarities with the contract for the rental of goods and services, since both types of accommodation are of a mixed nature. We are referring to those made by students in the homes of private individuals, in which the room and the use of the common spaces are ceded, with the owner occasionally assuming other services such as food and laundry; as well as those made for social work and accompaniment, by which young people usually share the home of another elderly person with whom they do not have to have any parental relationship, in exchange for helping them with household chores, with the tasks they have to carry out in their daily lives and, above all, keeping themcompany to avoid loneliness.
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