Airbnb & others 'fined' by Valencia Tourism Authority

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Marks
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Airbnb & others 'fined' by Valencia Tourism Authority

Post by Marks »

From The Local dated 19.02.16:

Eight companies advertising Costa Blanca holiday accommodation on the internet could face fines of up to 90,000 Euros each after being accused of breaking the Tourism Act, according to the Valencia tourism agency chief, Francesc Colomer. The operators which include the international portal Airbnb have apparently not placed the individual registration numbers for the properties which is required under tourist regulation law in the Valencia region. Colomer added the companies have a fortnight to respond saying that the Valencian government is totally committed to regulated tourist accommodation in the area.

From Euro Weekly News dated 18 - 24.02.16

UNFAIR competition from unregistered accommodation is putting the brakes on Benidorm occupancy figures.

January statistics from the Benidorm and Costa Blanca hoteliers’ association, Hosbec, show that apartment occupancy did not reflect the increase in hotel and campsite occupancy.

The deduction is not that winter tourists shun apartments, but that many are renting unregistered accommodation. At last count there were approximately 180,000 tourist villas in the Valencian Community, but only 36,500 were registered as tourist lets.

Legislation has been in place for some time to combat the accommodation pirates and Francesc Colomer, the Valencia Region’s Tourism chief, has announced that the Generalitat is committed to enforcing it.

The regional government will have more inspectors scrutinising tourist apartments and villas this summer, Colomer said.
Last edited by Marks on Sat Feb 20, 2016 12:10 pm, edited 1 time in total.
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kevsboredagain
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Post by kevsboredagain »

Interesting as I believe Spain-Holiday is the only site I've come across that has a place where a license number can be shown on the advert.

The effort required to add a mandatory field in their advert for certain regions must be minimal.
Marks
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Post by Marks »

I can't find that field on Spain Holiday. Holiday Lettings has an optional field to enter a tourist licence number.
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Mouse
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Post by Mouse »

Yes I saw the HL one today by chance.

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kevsboredagain
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Post by kevsboredagain »

Marks wrote:I can't find that field on Spain Holiday. Holiday Lettings has an optional field to enter a tourist licence number.
I can see it shown in my SH advert write at the end of the description although I'm locked out of the account today so can't look up the field.
Marks
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Post by Marks »

I've seen others shown like that but cannot see the field to complete anywhere. I have emailed customer support.
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Post by costa-brava »

There is definitely a field for "licence number" or something like that Marks. They blasted us back in August/September to get our numbers on. The one good thing about them is that you'll get a real reply from a real person not an "issue number".
I think maybe it is only there in the set-up phase and after that you need to do it through support. They'll probably ask for the letter of confirmation because some scamsters have been just using any number.
S/H have to toe the line strictly because they are registered in Spain. I don't think they trumpet enough that they are the best site for guests to find legal properties.
Anyway, I have tried, in all my ads in all sites, to put the number in the title. That way, at least I am covered. Bottom line is that it is usually the owner's responsibility.
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Post by roxytoo »

I didn't think it was actually law yet?
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Post by la vache! »

When I recently booked my apartment in Barcelona using AirBnB for the marathon all the properties I saw had the license number.
Marks
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Post by Marks »

roxytoo wrote:I didn't think it was actually law yet?
AFAIK Valencia has used existing legislation and made it mandatory to register.
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Post by kevsboredagain »

Marks wrote:
roxytoo wrote:I didn't think it was actually law yet?
AFAIK Valencia has used existing legislation and made it mandatory to register.
I often wonder how the heck they expect people to find out what the laws are. I've been paying tax on rentals for years but no one has actually told me the license was now mandatory. The last I heard from my accountant it wasn't but they advised doing it as the day would no doubt come.

Then they fine people for not knowing. It's the same with Spanish tax. Make it difficult and obscure and then go after people who don't pay. It's all backwards.
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Post by costa-brava »

KEVSBORED wrote
"I often wonder how the heck they expect people to find out what the laws are."
It's the same in the UK and everywhere KEV. Ignorance of the law is not an excuse. The Spanish government (and each region individually) publishes a daily bulletin of new laws and amendments. With particular reference to holiday lets we all know that it's a mix of old laws dug up, old laws amended and new laws dragging on for months.
That's why I sometimes get niggled by people who introduce irrelevancies in these threads. It is extremely complex and nobody knows it all even the lawyers and accountants. And the people who apply the laws are "funcionarios" who are not the most highly motivated people.
Roxytoo asked the question about not thinking it was law and you say it is an old law. These little snippets are little gems that help clear the mud. They are never going to send a communication to everybody.
Do you know the law that is being applied?
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kevsboredagain
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Post by kevsboredagain »

OK so I, and representatives of all listing sites around the world should fly to Spain daily and check the local bulletin boards. Ignorance is simply no excuse.

costabravarent you entirely miss the point of legislation in the first place. It is supposed to regulate and therefore improve standards in the industry. It's not so that people can be easily branded as "illegal" and issued fines for not knowing the current state of chaos.

As it stands, certainly in the Valencia region, the process has been purely a paper pushing exercise with zero value on the industry. I find it hard to defend such laws or to point the finger at anyone who hasn't yet figured out how and what they need to comply to.

According to Spain-Holiday on 15th January 2015 it was still optional for owners of one property. I personally have not been able to find out any more current information. I guess this would make me a criminal if I didn't have a license.
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roxytoo
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Post by roxytoo »

I truly despair of Spain. In our area no-one knows what they are doing/supposed to be doing. It doesn't matter who/where you ask, you will get a different answer every time. It's very difficult to know what to do to comply when no-one knows the rules. Even asking two different solicitors in the same road will give you two different answers. Why haven't homeaway emailed everyone in the area to ask for their registration number? Why hasn't spain-holiday? I'm not saying its not true, I agree with Kevin, how are we supposed to know exactly whats going on. Things have come and gone so much over the last 10 years, like sites being fined for not showing the EPC certificate, I don't know any site that has been fined.
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Post by costa-brava »

This is the best I have found in a quick search. It's in Spanish and is not an official site but maybe it can help you Valencianos. Remember also that native Spanish people are often more ignorant than expats because they tend not to get involved in forums like LMH.
It looks like the law was first established in 1998.
http://www.abogadosparatodos.net/alquil ... alenciana/
Perhaps Valencia was really away ahead of Catalunya and introduced the law back then but without any real punch.
Since then Airbnb and company have stirred up the hornets nest.
Anyway, I hope this link helps. Although it quotes the law of 1998 it also links also to a new law in 2009
http://noticias.juridicas.com/base_dato ... -2009.html
I always prefer to check in official sites and I'll keep looking but these two links should at least show that the problem is real and current. The penalties are substantial and the Valencian authorities seem to have come out of their slumber. Owners need to move their butts if they don't have a licence number. Like next week would be a good time!!!
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