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HUT: New obligations of documentary registration and information

HUT: New obligations of documentary registration and information

02/11/2021

Royal Decree 933/2021, of October 26, which establishes the obligations of documentary registration and information of natural or legal persons who carry out activities of accommodation and rental of motor vehicles.

Purpose Regulate the obligations of documentary registration and information provided for in the regulations for the protection of citizen security for natural or legal persons who exercise, professionally or not, activities of accommodation or rental of motor vehicles without a driver.
 
The current regulations on the documentary record that hospitality establishments must keep is basically contained in Decree 1513/1959, of August 18, in relation to the documents that hospitality establishments must carry out regarding the entry of travelers. , and its implementing regulations, among which Order INT / 1922/2003, of July 3, on registration books and parts of entries of travelers in hospitality establishments and other similar ones stands out. The new types of accommodation activities, such as short-term tourist accommodation operated by companies or individuals through registration in portals or reservation centers through digital media or the internet, were outside its scope of application, therefore it also includes HUT.

Activities included

  • Those carried out by commercial establishments open to the public integrated in this sector in accordance with the regulations issued by the competent administration. Hotels, hostels, pensions, guest houses, rural tourism establishments or similar are included within this concept, therefore it includes AT and HUT.
  • Those of tour operators that provide intermediation services between companies dedicated to hospitality and consumers.
  • The activity of digital platforms dedicated, for consideration or free, to intermediation in these activities through the internet, whether or not they provide the underlying service subject to mediation, as long as they offer services in Spain.

Obligations

  • Collect the data of the users.
  • The entry reports for the use of accommodation services must be signed by any person over fourteen years of age who does so.
  • The reports and sheets will be provided by the accommodation establishment.

 Obligation of documentary registration

  • A computer record must be kept.
  • The data of its users will have to be registered and kept.
  • The computer registry data must be kept for a period of three years from the end of the service.
  • Obliged subjects who carry out hosting activities in a non-professional manner (non-professional individual) are exempted from the obligations of documentary registration and data conservation provided for in this article, and will only be subject to the following obligations.

Communication obligations Prior to the start of the activity, the obliged subjects must communicate the data contemplated in sections 1 and 2 of the data to be provided. The modification of any of the indicated data will give rise to the obligation of a new communication.
 

  • Compliance must be carried out within ten days from the completion of the administrative procedures required in each case for the development of the activity and, in any case, prior to the effective exercise of the same.
  • Additionally, the obliged subjects must transmit to the competent authorities the data related to the exercise of their activity included in sections 3 and 4 of the data to be provided. This communication will be made immediately, and in any case within a period not exceeding 24 hours, respectively, from:
  • When making the reservation or formalization of the contract or, where appropriate, its cancellation.
  • At the beginning of the contracted services.

 The communications provided for in this article will be made by telematic procedures.

Entry into force: It must be borne in mind that this royal decree enters into force 6 months after its publication. However, the provisions relating to communication obligations will take effect as of January 2, 2023.

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