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Seasonal and tourism rental

Local 7MANY letters I receive refer to the issues of  “holiday rental” or “touristic rental” (alquiler turístico). I have written in previous articles about these type of contracts (letting agreements subject to Tourism Law).

I will return to this topic in future columns, but for now, I consider it interesting to discuss the difference between “seasonal renting” (arrendamiento por temporada) and “touristic rental or holiday rental (arrendamiento turístico).

The Letting Contract Law (LAU) mentions in article 3 the “seasonal rental” (alquiler o arrendamiento por “temporada”) which, I understand, is different from the “touristic rental”.

Somehow, the touristic rental is a seasonal rental, but a seasonal one is not necessary a touristic one.

In other words, Law 4/2013 (that modifies the Letting Agreement Law) pretends to exclude the Letting Agreement Law (LAU) – those letting contracts which, despite being seasonal agreements, are similar to touristic contracts.

To be considered “touristic” and excluded from the LAU, four requirements are needed:

1. To include a total furnished property, ready to be used immediately

2. To be commercialised through tourism channels

3. To have profitable means

4. To be subject to the specific rules of the sector

Touristic accommodation not regulated by the LAU are those which include complementary services (i.e. hotel services) such as periodical cleaning, laundry, reception, and all included in the price.

This means that the main difference between “seasonal rental” and “touristic rental” would be the services included in the latter.

In the “seasonal”, the lessor cedes the temporary use of a house for a certain price without any “service”.

On the other hand, the characteristic of “tourist” contract is the inclusion of the services received by the lessee.

But there could be differing opinions in this respect. Among them, those which consider that “touristic” and “seasonal” are the same type of contract.

This would be very important at the time of applying Tourist Law of LAU in every case (with all the consequences in favour or against the interests of lessor and lessee).

This is my opinion, subject to a better one.

Mariano Zunino Siri is a lawyer, registered at the Tenerife Bar Association since 1991. He has practised mainly in Civil and Commercial Law and Administrative and Tax Law. If you have a personal query, contact him at marianozuninosiri@gmail.com.

 

 

 

 

Short URL: http://www.canarianweekly.com/?p=25912

Posted by on May 15 2015. Filed under Legal Matters. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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