Sustainable Tourism Law

298 SUSTAINABLE TOURISM LAW verified personal actions of the tourist user, apart from the organised activities, or to the providers of the employed goods when due diligence in their handling exists” 81 . It is common for the regulations to require that the dwellings are in a good state of cleanliness and repair upon admission, so they can be immediately occupied 82 . It is also normal to require an obligation by the owner or manager to guarantee the home maintenance 83 . There is always a responsibility before the tourist administration for the infringement of any aspect mentioned above. The homeowner is the operator and shall be responsible before the administration and the users for the adequate service provision, unless other person is mentioned in the declaration of responsibility. III. POLICIES OF THE ADMINISTRATIONS IN ORDER TO CONTROL OR ‘TO MAKE IT MORE SUSTAINABLE’ – THE NEW TOURISM PHENOMENON: MORATORIUMS WHEN GRANTING TOURIST LICENSES AND ZONING OF THE URBAN PLAN The impact of this new tourist offer “has put paid to the tourist planning of the Public Administration that was an essential requirement to guarantee a long- -term development with benefits for the recipient community, and it has brought this kind of tourism closer to the concept of unsustainable tourism. These effects can be corrected and avoided thanks to an adequate planning developed by the persons responsible for the tourist areas” 84 . The establishment of moratoriums when granting licenses for tourist establishments and the development of a zoning of the urban plan seem to be some of the actions aiming to redefine a new city tourism model from the point of view of sustainability. Rethinking tourism use in society is a positive development, in order to find a sustainable model and to guarantee the right to housing (the availability of homes in the city must be promoted). 81 Art.3 Decree La Rioja. 82 Thus, Art. 67.2 Catalonia; Art. 9 Valencia; Art. 9 Aragon; Art. 39 Galicia; Art. 8 Canary Islands; Art. 12 Castile and Leon; Art. 6.h) Andalusia; Art. 13.b) Asturias 83 Art. 67.4 Catalonia; Art. 10 Aragon; Art. 39.2 c) Galicia. 84 De la Encarnación, A.M., “El alojamiento colaborativo: viviendas de uso turístico”, REALA, Nueva Época, n.5, enero-junio 2016, p. 20.