Changes in the regulations for the registration of lodging activities

CHAPTER I

General disposition

Article 1. Object

The regulation of the documentary registration and information obligations provided for in the regulations for the protection of citizen security for natural or legal persons who exercise, professionally or not, activities of lodging or renting motor vehicles without a driver is the main objective.

Article 2. Definitions.

1. Lodging activities: those carried out, professionally or not, with the purpose of providing, in exchange for a price, consideration or compensation, a room or space for overnight stays for people

The following activities are included:

1. a) Those carried out by commercial establishments open to the public: hotels, hostels, pensions, guest houses, rural tourism establishments or similar.
2. b) Those carried out by campsites and motorhome parking areas, apartments, bungalows and other similar tourist accommodation.
3. c) Tour operators that provide intermediary services between companies dedicated to hospitality and consumers.
4. d) The activity of digital platforms dedicated to intermediation in these activities through the internet, provided that they offer services in Spain.

Article 3. Scope of application.

The royal decree is applicable throughout the national territory.

CHAPTER II

Obligations of documentary registration and communication

Article 4. Parts of entry in lodging establishments and service sheets in vehicle rental activities.

1. The owners of the accommodation and vehicle rental activities will collect the data of the users in order to proceed with their registration and the communication necessary for compliance with the legal obligations of the royal decree.
2. The entry parts for the use of the lodging services must be signed by every person over fourteen years of age who makes use of it and in the case of those under fourteen years of age, their data will be provided by the person over the age of fourteen which they are accompanied by.
3. The parts and sheets will be provided by the lodging establishment, which will be responsible for the accuracy of the data

Article 5. Documentary registration obligations.

1. The online record must contain the data from Annex I
2. User data must be registered and preserved.
3. They must be kept for three years after the contracted service or provision.
4. The subjects who carry out hosting activities in a non-professional manner are exempt from the obligations of documentary registration and data conservation provided for in this article and will only be subject to the communication obligations provided for in the following article.

 Article 6. Communication obligations.

1. Prior to the start of the activity, the subjects must communicate with correct authorities about the data contemplated in subparagraphs 1 and 2 of section A) or B) of Annex I.
2. Compliance with the obligation of the previous section must be carried out within ten days.

Article 7. Processing of personal data.

1. The personal data generated in this royal decree will be kept in the Secretary of State for Security. Your treatment may only be carried out by the Security Forces and Bodies in the performance of their respective powers in the field of prevention, detection and investigation of the crime assigned to them.
2. The conservation of these documents will be able to connect with other police databases to improve the effectiveness in the prevention and investigation of crimes of terrorism or delinquency.
3. The processing of the data will be carried out in accordance with Organic Law 7/2021, of May 26, on the protection of personal data processed for the purposes of prevention, detection, investigation and prosecution of criminal offences and the execution of criminal sanctions.
4. Additionally, the obliged subjects must be transmited to the correct authorities. The data related to the exercise of their activity included in subparagraphs 3 and 4 of section A) or B) of Annex I.

This exchange will be made immediately, and in any case within a period not exceeding 24 hours, respectively, from the following moments:

1. a) When making the reservation or the formalization of the contract or, if appropriate its cancellation.
2. b) At the beginning of the contracted services.
3. Communications will be carried out electronically. Obliged subjects who carry out lodging activities in a non-professional manner are exempted from those, who may carry them out by non-telematic means.

Article 8. Offences and sanctions.

1. The sanctioning regime for infringements of the provisions of this royal decree by the obligated subjects will be governed by the provisions of chapter V of Organic Law 4/2015, of March 30, on the protection of citizen security.
2. The following will be considered serious infractions, in relation to article 36.20 of Organic Law 4/2015, of March 30:
3. a) The lack of documentary records provided for in this royal decree.
4. b) The omission of mandatory communications.
5. The following will be considered minor infractions, in relation to article 37.9 of Organic Law 4/2015, of March 30:
6. a) Irregularities or deficiencies in the completion of the records provided for in this royal decree.
7. b) Carrying out mandatory communications outside the established period.
8. The responsibility for the infractions committed will fall directly on the obliged subjects.

Unique transitional provision. Regulations in force.

The provisions contained therein will continue to be applicable until the implementing regulations of this royal decree are issued, as long as they do not oppose what is established in it.

Third final provision. Entry into force.

This royal decree will enter into force six months after its publication in the «Official State Gazette». However, the provisions related to communication obligations will take effect from January 2, 2023.

ANEXO I