Law 8/2012, on 17 may, the general law of the tourist accommodation of 30 June 1998, since the General Council in its session of May 17, 2012 has approved the following: preamble the general law of tourist accommodation, which approved the General Council on June 30, 1998 , I had to define what is meant by tourist accommodation, set up a basic style framework to develop it through regulatory provisions that define the different categories, the standard systems and the levels of quality, and also stamps of specialty or differentiation, and at the same time provide a regulatory framework for the classification of infringements and sanctions.
This law and the regulations that were developed in the improvement and in the adaptation of tourist accommodation to international standards.
As recognized by the preamble, the major axes of the law were to adapt to the trends of markets, improve the information of the offer of accommodation in order to respond to a greater segmentation of tourist markets, promote technological progress, and introduce quality strategies to harmonize the actions of the private sector and the public sector.
Over the past thirteen years, the application of this general law of tourist accommodation has allowed us to achieve the objectives satisfactorily that the legislature had been set initially.
At the same time, in the course of the last few years there have been significant changes in the field of tourist accommodation that make it necessary to adapt the law to the current situation.
International tourist markets have undergone great changes in the last decade, which has led to the emergence and development of new types of accommodation that the general law of the tourist accommodation of 30 June 1998 is not anticipated.
The wealth of our natural and cultural heritage, and the necessary adaptation of the offer of tourist accommodations in evolution of the tourist demand, based on more specialization and adaptation to new market segments, we aimed to create the typology of rural accommodation, more rooted in the territory, and which follows the trends that have developed with great success in the surrounding countries.
Aware of the limitations of the general law of spatial planning and urban development, adopted on 29 December 2000, and amended by law 7/2003 of 23 May, the law 8/2006 of 21 June and law 6/2011 July 28 with respect to the construction and rehabilitation of buildings for agricultural use in the soil site that does not have the status of urban , has been added to the present Law the first final provision that modifies the terms of paragraph 2 of article 30 of the general law of spatial planning and urban development, of 29 December 2000, in order to facilitate the construction of buildings intended for the tourist accommodation types rural barks.
At the same time, and with regard to the definition of the strategies in the field of tourism and the development of corresponding action plans, it is mandatory to have a good knowledge of the evolution of the tourism sector. For this reason, it was considered necessary to take advantage of the development of new technologies to articulate a system of collection and processing of data.
With the modification of the general law of the tourist accommodation of 30 June 1998 and once sold out within a year the sole transitory provision, in order to facilitate the adaptation of the systems of data processing of tourist accommodation in the official model, is repealed as of the Decree of the veguers of 23 June 1965, the provisions of which are updated in order to improve the content , the form and the procedure that have to govern the transmission of user data between the tourist accommodation establishments and the Ministry responsible for internal affairs. In order to regulate this procedure will create the record of employment and establish the procedures and appropriate disciplinary inspectors to ensure compliance with the legislation in force, which are also subject to the companies included in the register of companies of exploitation of furnished apartments for vacation and furnished apartments for Holidays regulated by law 26/2008, November 20th , of regulation of the furnished apartments for vacation and companies that exploit.
Establishes the procedure for the exploitation statistics and national security of the record of employment of tourist accommodation, so that it keeps all the personal data protection law 15/2003, of December 18, qualified protection of personal data and guarantees the confidentiality of the customers of tourist accommodation and the statistical exploitation.
The need to have reliable statistical data which allow us to plan strategies in the field of tourism in the medium and long term has motivated you to enter in this law a section related to the production of statistics that are based on numerical variables work provided by tourist accommodation.
In conclusion, this law for the modification of the general law of the tourist accommodation is intended to define, first, what is meant by rural tourism accommodation, establishing a basic typological framework that allows their development through regulatory provisions that define the different categories, the standard systems, the levels of quality, and also stamps of specialty or differentiation. In the second place, this law aims to create the new record of employment, establishing also a typological framework that allows them to develop it through regulatory provisions that define the shape and the model and the procedure for drawing up the corresponding statistics. In addition to the classification of infringements and the establishment of corresponding sanctions.
For these purposes, modifies article 10, it adds the third chapter bis, formed by articles 13 bis and 13 ter, concerning the obligations of tourist accommodation; It adds the fourth chapter bis, formed by the article 14 bis, relating to the production of statistics; modifies the name of the fifth chapter, and it adds in article 17 bis, on the procedure for sanctioning and inspector certain offences; and modifies article 20, article 21 and article 22, relating to the offences, serious and very serious.
Article 1 amendment to article 10
Modifies the article 10, which is worded as follows: "Article 10 1. Are additional tourist accommodation establishments are made up of accommodation in a business unit of exploitation, public, private or mixed, dedicated to providing, with or without other complementary services, accommodations for people in rooms of type rooms, apartments, houses or huts and under regime of operation which may include the services of cleaning of all its units and dependencies. These establishments are enrolled in one of the four following groups:-rural Accommodation-Youth Hostels-holiday homes-mountain refuges 2. Are rural lodgings the tourist accommodations designed to provide a service of accommodation by price, in part or in whole of a building, offering rooms or apartments and other complementary services that are determined by the regulations.
The rural accommodation can be of two types:-House (building situated within a village)-Borda rural (located outside the village, isolated in a natural environment and/or situated in an agricultural and/or livestock).
3. Are youth hostels, holiday camps and mountain refuges are tourist accommodations designed to provide temporary accommodation by price, in individual or collective rooms with beds or bunk beds, with or without bathroom, and with the possibility of doing some activity related to the environment. They can offer services of dining room and kitchen. The area where they are located these accommodations can have sports facilities and/or socio-cultural services and other services that are determined by the regulations.
4. The complementary tourist accommodation establishments are classified in two or more categories, which can be subdivided into areas of evaluation that have been defined in the regulations.
It is also considered the receptive capacity of establishments, as well as the circumstances, places in which they are installed, the conditions, the equipment and recreational areas. "
Article 2 addition of chapter third bis is added the third chapter bis, composed of articles 13 bis and 13 ter with the denomination and the following content: "Chapter third bis. Of the obligations of the tourist accommodation Article 13 bis.
Obligations of the tourist accommodation 1. The tourist accommodation are required to have a record of employment for all its users. The establishments are responsible for the treatment and management of the data obtained, 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 should be the official, according to the established regulatory order.
3. The establishments of tourist accommodation have to register in the register of employment the following essential points: a) date (day, month and year) and time of check-in and registration date (day, month and year) and time of check-out from all users.
b) name, surname, nationality, date and place of birth, domicile (residence), and number and type of identity document of each user.
c) you must attach a photocopy of the identity card of all users, which should contain your photograph. The copy of the document of identity can also be saved in digital format.
of) The unit number of accommodation they occupy.
4. establishments must submit, to a telematic that guarantees the maximum safety conditions, on the frequency established by regulatory, police service, through the agreed system for this purpose, the personal data to which this article refers. The Ministry in charge of the interior is responsible for the management of the data obtained for this purpose.
Article 13 ter.
Management of employment 1. In accordance with the provisions of the third paragraph of the previous article, all the client or user of tourist accommodation must provide a document of identity to the Manager, employer or worker who has as task to register users in the corresponding employment record.
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. 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.
4. tourist accommodation are required to update on a daily basis the record of employment.
5. the tourist accommodations are required to keep a photocopy of the identity document, in paper or digital, from all users of the accommodation unit, during the period specified in the regulations. "
Article 3 addition of fourth chapter bis is added the fourth chapter bis, consisting of article 14 bis with the denomination and the following content: "chapter IV bis. The preparation of statistics Article 14 bis.
Preparation of statistics the Department responsible for the preparation of statistics can have access to data that respect the anonymity from the Ministry responsible for internal affairs in relation to the register of employment of tourist accommodation may have significance as a source of statistics, within the framework established in law 15/2003, of December 18, qualified protection of personal data. "
Article 4 modification of the name of the fifth chapter modifies the name of Chapter five, which happens to be the following: "chapter five. The procedure and disciplinary inspector "Article 5 the Addition article 17 bis is added to article 17 bis in Chapter five, of the disciplinary procedure, which is worded as follows:" Article 17 bis.
The procedure for sanctioning and inspector certain infringements establish special rules for the application of the following in relation to the offences set forth in articles 20 a) and b), f) and 21 g), and 22 e) and f), concerning the registration of employment is regulated in articles 13 bis and 13 ter, without prejudice to the rules established in general in the chapters fifth, sixth , seventh and eighth, which are equally applicable: 1. The inspection authority corresponds to the Police Service with respect to the offences set forth in the previous section.
2. Sanctioning of these offences corresponds to the Ministry in charge of the interior.
3. When the Police Service finds a violation, it has to give knowledge to the Ministry responsible for internal affairs in accordance with the appropriate procedure, without prejudice to give account to the Ministry responsible for tourism.
4. The Ministry responsible for internal affairs should inform the Ministry responsible for tourism of the content and the form of the resolution "in the framework of the sanctioning transcript processed for this purpose."
Article 6 article 20 modification modifies the article 20, which is worded as follows: "Article 20 are considered minor infractions: a) the omission of some of the essential points, set out in paragraph 3 of article 13 bis, in the entry in the register of employment.
b) The extemporaneous notification to the service police refusal of one or more users to provide their identity documents in the terms set out in paragraph 2 of article 13 ter.
c) the lack of mandatory badges and distinctive display that does not meet the established requirements.
d) The inobservances of the provisions contained in this law and the regulations that develop it have no direct economic significance or serious prejudice for users, provided they are not classified as a serious or very serious offences. "
Article 7 amendment of article 21 are added two new sections to the article 21, serious Offences, with the following content: "f) the failure to update on a daily basis and under the terms established by law the employment Register established in article 13 bis.
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 8 amendment 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 referred to in article 13 bis of this law.
f) refusal, without justified cause, to display and make available to the police service, the record of employment, in accordance with the provisions of article 13 ter, without prejudice to the responsibility of other legal areas arising from these facts. "
Sole transitory provision of tourist accommodation establishments have a period of one year, counting from the date of entry into force of the regulation governing the form and the model of the record of employment official, in order to adapt their systems of data processing in the official form established by regulatory and ensure proper delivery, in accordance with the provisions of chapter third bis.
However, during this period the establishments that do not have suitable are equally required to bring a log book that guarantees the fulfillment of the obligations of the present law, in accordance with the provisions of the Decree of the veguers of 23 June 1965.
Repealing first When you have exhausted the period of one year specified in the single transitional provision, and once approved the form and the model of the record of employment official, will be repealed as of the Decree of the veguers of 23 June 1965.
Repealing second 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.
Disposicións end first final provision Amendment of article 30.2 of the general law of spatial planning and urban development modifies the terms of paragraph 2 of article 30 of the general law of spatial planning and urban development, of 29 December 2000, which is worded as follows: "2 While the developable has not obtained the status of city, will allow the same performances of exception and under the same conditions as for the undevelopable , and in addition to the construction of buildings intended for the tourist accommodation types rural barks. "
Second final provision to companies included in the register of companies of exploitation of furnished apartments for vacation and furnished apartments for Vacation, regulated by law 26/2008, of 20 November, regulation of furnished apartments for vacation and companies that exploit, also applies the third chapter bis, article 17 bis of Chapter five article 20, paragraphs f and g)) of article 21 and the e) and f) of article 22.
Third 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.
The fourth final provision this law comes into force the day after its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 17 may 2012 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 Bishop of Urgell Co-prince of Andorra