Organic Law 4/2015, of March 30, on the protection of citizen security, has as its main objective the protection of people and property and the maintenance of citizen tranquility.
Said rule establishes in its article 25.1 that any natural or legal person who carries out activities relevant to citizen security, such as accommodation and vehicle rental, is subject to the obligations of documentary registration and information in the terms that the applicable provisions establish. .
Organic Law 4/2015, of March 30, is of utmost importance to guarantee the life and freedom of the members of our society in the current context. Therefore, it is necessary to develop the necessary control tools over these activities. The current regulations on the documentary record that hospitality establishments must keep are basically included in Decree 1513/1959, of August 18, in relation to the documents that hospitality establishments must keep regarding the entry of travelers, and its development regulations, among which stands out Order INT/1922/2003, of July 3, on record books and parts of traveler entries in hospitality establishments, hairdressers, and other similar ones .
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 carry out, professionally or not, lodging activities or rental of driverless motor vehicles is the main objective.
Article 2. Definitions.
- Accommodation 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 to people
The following activities are included:
- a) Those carried out by commercial establishments open to the public: hotels, hostels, pensions, guest houses, rural tourism establishments or similar.
- b) Those carried out by campsites and parking areas for motorhomes, apartments, bungalows and other similar tourist accommodation.
- c) Those of tour operators that provide intermediation services between companies dedicated to hospitality and consumers.
- d) The activity of digital platforms dedicated to intermediation in these activities through the internet as long as they offer services in Spain
Article 3. Scope of application.
The royal decree is applicable throughout the national territory.
CHAPTER II
Documentary registration and communication obligations
Article 4. Entry parts in lodging establishments and service sheets in vehicle rental activities.
- The owners of the lodging and vehicle rental activities will collect the data of their users in order to proceed with their registration and the communication necessary to comply with the legal obligations of the royal decree.
- The entry forms for the use of the lodging services must be signed by any person over fourteen years of age who uses them and in the case of minors under fourteen years of age, their data will be provided by the person of legal age of those who are accompanied.
- The parts and sheets will be provided by the lodging establishment, who will be responsible for the accuracy of the data
Article 5. Documentary registration obligations.
- The computer record must contain the data in Annex I
- User data must be recorded and preserved.
- They must be kept for a period of three years from the end of the contracted service or provision.
- Subjects who carry out hosting activities in a non-professional 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.
- Prior to the start of the activity, the subjects must communicate to the competent authorities the data contemplated in sections 1 and 2 of section A) or B) of Annex I.
- Compliance with the obligation of the previous section must be carried out within ten days.
- Additionally, the obligated subjects must transmit to the competent authorities the data related to the exercise of their activity included in sections 3 and 4 of section A) or B) of Annex I.
This communication will be made immediately, and in any case within a period of no more than 24 hours, respectively, from the following moments:
- a) When making the reservation or formalizing the contract or, where applicable, its cancellation.
- b) At the beginning of the contracted services.
- Communications will be carried out electronically. Exceptions are those obligated entities that carry out hosting activities in a non-professional manner, who may carry them out by non-telematic means.
Article 7. Processing of personal data.
- The personal data generated in this royal decree will be kept in the Secretary of State for Security. Its processing may be carried out only by the Security Forces and Bodies in the performance of their respective powers in the field of prevention, detection and investigation of crime assigned to them.
- The conservation of these documents may be connected with other police databases to improve effectiveness in the prevention and investigation of terrorism or delinquency crimes.
- The processing of 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 offenses and execution of criminal sanctions.
Article 8. Infractions and sanctions.
- The sanctioning regime for violations of the provisions of this royal decree by 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.
- will be considered serious infractions , in relation to article 36.20 of Organic Law 4/2015, of March 30:
- a) The lack of the documentary records provided for in this royal decree.
- b) The omission of mandatory communications.
- will be considered minor infractions , in relation to article 37.9 of Organic Law 4/2015, of March 30:
- a) Irregularities or deficiencies in the completion of the records provided for in this royal decree.
- b) The completion of mandatory communications outside the established deadline.
- Responsibility for infractions committed will fall directly on the obligated subjects.
Single transitional provision. Regulations in force.
The provisions contained therein will continue to apply until the rules for the development of this royal decree are issued, as long as they do not oppose what is established therein.
Third final provision. Entry into force.
This royal decree will come into force six months after its publication in the “Official State Gazette.” However, the provisions relating to communication obligations will take effect from January 2, 2023.
ANNEX I
| A) Data to be provided in the case of professional exercise of the activity | B) Data to be provided in the case of non-professional practice |
| 1. Data from the leasing company
a) Name or company name of the owner. b) CIF or NIF. c) Municipality. d) Province. e) Landline and/or mobile phone. f) Email address. g) Company website. h) Url to identify the advertisement. | 1. Data of the owner of the property
A name. b) First surname. c) Second surname. d) Sex. e) Identification document number. f) Type of document (DNI, passport, TIE). g) Nationality. h) Date of birth. i) Landline and/or mobile phone. j) Email |
| 2. Establishment details
a) Type of establishment. b) Denomination. c) Complete address. d) Postal code. e) Locality and province. | 2. Property details
a) Full address and postal code. b) Location. c) Country. d) Number of rooms. e) Internet connection (yes/no). |
| 3. Traveler data
A name. b) First surname. c) Second surname. d) Sex. e) Identification document number. f) Document support number. g) Type of document (DNI, passport, TIE). h) Nationality. i) Date of birth. j) Place of habitual residence. – Full address. – Location. – Country. k) Landline telephone. l) Mobile phone. m) Email. n) Number of travelers. o) Kinship relationship between travelers (in the event that one is a minor) | 3. Traveler data
A name. b) First surname. c) Second surname. d) Sex. e) Identification document number. f) Type of document (DNI, passport, TIE).
g) Nationality. h) Date of birth. i) Place of habitual residence. – Full address. – Location. – Country j) Landline telephone. k) Mobile phone. l) Email. m) Number of travelers. n) Family relationship between travelers (in the event that one is a minor) |
| 4. Transaction data
a) Contract data. – Reference number. – Date. – Firms. b) Data on the execution of the contract. – Date and time of entry. – Date and time of departure. c) Property data. – Full address. – Number of rooms. – Internet connection (yes/no). d) Payment details. – Type (cash, credit card, payment platform, transfer…). – Identification of the payment method: type of card and number, bank account IBAN, mobile payment solution, others. – Holder of the payment method – Card expiration date. – Payment date. | 4. Transaction data
a) Contract data. – Reference number. – Date. – Firms. b) Data on the execution of the contract. – Date and time of entry. – Date and time of departure. c) Payment details. – Type (cash, credit card, payment platform, transfer…). – Identification of the payment method: type of card and number, bank account IBAN, mobile payment solution, others. – Holder of the payment method. – Card expiration date. – Payment date. |
Zeniabeach is tot op heden met alles in orde qua Spaanse wetgeving, wij geven al onze huurders momenteel aan bij de Spaanse authoriteiten, met name Guardi Civil. Dit gaat vanaf oktober veranderen naar het ministerie van binnenlandse zaken. Wij zijn momenteel druk bezig met het in orde brengen van onze digitale papieren.