Law 29/2014, Of 27 November, Amending Law 8/2012, On 17 May, The General Law Of The Tourist Accommodation, 30 June 1998

Original Language Title: Llei 29/2014, del 27 de novembre, de modificació de la Llei 8/2012, del 17 de maig, de modificació de la Llei general de l’allotjament turístic, del 30 de juny de 1998

Read the untranslated law here: https://www.bopa.ad/bopa/026071/Pagines/lo26071007.aspx

lo26071007 law 29/2014, of 27 November, amending law 8/2012, on 17 may, the general law of the tourist accommodation, 30 June 1998, since the General Council in its session of 27 November 2014 has approved the following: Law 29/2014, of 27 November, amending law 8/2012 , on 17 may, the general law of the tourist accommodation, from 30 June 1998 preamble The law 8/2012, on 17 may, the general law of the tourist accommodation, 30 June 1998, it had to define, first, what is meant by rural tourist accommodation, and to establish a basic typological framework to develop it through the regulatory provisions. Secondly, this law was intended to create the new record of employment of tourist accommodation (ROATE), and also set up a basic style that would develop it through regulatory provisions that in having them refine the shape and the model, and the procedure for drawing up the corresponding statistics. Likewise, had the objective of typifying breaches.
This law and the regulations that were developed in the creation of a new range of tourist accommodation, which was allowed to respond to a new segment of tourists.
During the year the deadline that they had the establishments of tourist accommodation in order to adapt their systems of recording and data processing to ROATE, it was found the difficulty, in practice, to get all the mandatory data requirements of each customer, a difficulty that is translated in a lengthening too large of the procedure of registration of each. A new appreciation of these required data has allowed us to take into consideration a significant reduction of the total number of initial data that is required, and at the same time maintaining the maximum conditions that require the main objective of the creation of the ROATE: national security.
In order to ease in the future management of the personal information required of the ROATE, has decided to transfer some of these requirements in the regulations that will develop this law. This change has been validated by the Andorran Agency of data protection.
Also it was considered necessary to review the application of the ROATE to mountain refuges, bearing in mind that not all shelters have the technical resources for ROATE be applied properly. In this case it is given the option of having a log book in paper or digital, and send the data with a frequency that will be set by regulation.
At the same time has been modified and has revised the amount of the sanctions defined in the general law of the tourist accommodation, from June 30, 1998. On the one hand, it has changed the currency of sanctions, since there are included in pesetas, and on the other hand, due to the delicate situation that happens the sector of tourist accommodation, it has reduced the amount of sanctions, so that the maximum amount of serious sanctions has gone from 4,507.59 to 3,000 euros, and the minimum amount to very serious sanctions has gone from 4,507.60 to 3,001 euros.
In conclusion, this law on modification of the law 8/2012 aims to determine, first of all, a legal framework that allows the regulatory development of data and the frequency with which businesses are required to register them and send them to the Ministry in charge of the interior, and secondly, set the new record of employment for the mountain refuges, establishing also a typological framework that allows them to develop it through regulatory provisions that define the shape and model. At the same time, is intended to update the amounts of the corresponding sanctions.
For these purposes, modifies article 2, relating to the obligations of the tourist accommodation; modify article 7 and article 8, relating to infringements, and modifies through an additional provision of article 24 of the general law of the tourist accommodation, from June 30, 1998, related to the sanctions.
Article 1 amendment to article 2 modifies article 2, which is worded as follows: "Article 2 addition of chapter third bis is added the third chapter bis, composed of articles 13 bis, 13 ter and 13 quater, with the name and the following content: Chapter third bis. Of the obligations of the tourist accommodation Article 13 bis. Obligations of the tourist accommodation with the exception of the mountain refuges 1. The tourist accommodation are required to have a record of employment. The establishments are responsible for the treatment and management of the data obtained and enroll in this registry, in accordance with the provisions of law 15/2003, of December 18, qualified protection of personal data.
2. The form and the model of the record of employment of tourist accommodation have to be the officers, according to the established regulatory order.
3. The establishments of tourist accommodation have to register in the register of employment of tourist accommodations are points that we should agree through regulatory, and at least the following essential points: a) check-in date and check out date for all its users.
b) name, surname, nationality and date of birth of all its users.
4. establishments must submit, to a telematic that guarantees the maximum safety conditions, with the frequency established by regulatory, police service, through the agreed system for this purpose, the personal data to which refers the previous section and the other data that is fixed by regulation. The Ministry in charge of the interior is responsible for managing the data obtained for this purpose.
Article 13 ter. Management of the Tourist accommodation employment except for the mountain refuges 1. Any client or user of tourist accommodation, saved for children under 16 years of age, you must provide a document of identity to the Manager, employer or worker who has as task to register users in the record of employment of tourist accommodation.
2. Refusal to provide the identity document referred to in the above paragraph must notify the Police Service within a maximum period of 24 hours or before departure of the customer or the user. This notification can be made verbally.

3. The Police Service may require at any time and without prior notice the check on the reliability of the data contained in the register of employment of tourist accommodation.
4. tourist accommodation are required to update, with the frequency established by regulatory, the record of employment of tourist accommodation.
5. the tourist accommodations are required to keep a photocopy of the identity document, saved for the under-16s, on paper or digital, from all users of the accommodation unit, during the period specified by the regulations.
Article 13 quater. Obligations of the mountain refuges and management of the employment Record of tourist accommodation with regard to mountain refuges 1. The mountain refuges are required to have a record of employment, and are responsible for the treatment and management of the data obtained and enroll in this registry, in accordance with the provisions of law 15/2003, of December 18, qualified protection of personal data.
2. The form and the model of the record of employment of tourist accommodation have to be the officers, according to the established regulatory order.
3. The mountain refuges have to register in the register of employment of tourist accommodations are points that you agree to the following essential points, in addition to regulatory pathway: a) check-in date and check out date for all its users.
b) name, surname, nationality and date of birth of all its users.
4. The mountain refuges have sent, to a telematic that guarantees the maximum safety conditions, with the frequency established by regulatory, police service, through the agreed system for this purpose, the personal data to which refers the previous section and the other data that is fixed by regulation. The Ministry in charge of the interior is responsible for managing the data obtained for this purpose.
5. The Police Service may require at any time and without prior notice the check on the reliability of the data contained in the register of employment of tourist accommodation.
6. the mountain refuges are required to update, with the frequency established by regulatory, the record of employment of tourist accommodation, which can be a log book in paper or digital. "
Article 2 amendment to article 7 article 7 is modified, which is worded as follows: "Article 7 modification of article 21 are added two new sections to the article 21," serious Offences ", with the following content: f) the failure to update the frequency to be determined by regulatory, and under the terms established by law, the record of employment of tourist accommodation set in article 13 bis and 13 quater.
g) the lack of notification to the Police Service of the refusal of the users to facilitate your identity document, in accordance with the provisions of paragraph 2 of article 13 ter. "
Article 3 amendment to article 8 modifies the article 8, which is worded as follows: ' Article 8. Modification of article 22 are added two new sections to the article 22, "very serious Offences", with the following content: e) the fact of not having the record of employment of tourist accommodation referred to articles 13 bis and 13 quater of this law.
f) refusal, without justified cause, to display and make available to the Police Service the employment Record of tourist accommodation, in accordance with the provisions article 13 ter and 13 quater, without prejudice to the responsibility of other legal areas arising from these facts. "
The sole additional provision modifies the article 24 of the general law of the tourist accommodation, 30 June 1998, which is worded as follows: "Article 24 in accordance with the criteria for the gradation of the sanctions set out in the previous article, the sanctions may be imposed in the following manner: a) The minor infractions will be penalize with fine of 60 to 900 euros.
b serious infringements) are penalize with fine of 901 to 3,000 euros.
c) very serious infringements will be penalize with fine of 3,001 to 18,000 euros. "
Repealing only with the entry into force of this policy abolishes all the other rules of rank less than or equal to this law in all that versus offline.
First final provision the Government must approve the regulations necessary for the implementation of this law within a maximum period of two months from its publication in the official bulletin of the Principality of Andorra.
Second final provision this law comes into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 27 November 2014 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra