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Law 26/2008, Of 20 November, Regulation Of Furnished Apartments For Vacation And Companies That Exploit

Original Language Title: Llei 26/2008, del 20 de novembre, de regulació dels apartaments moblats per a vacances i de les empreses que els exploten

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Law 26/2008, of 20 November, regulation of furnished apartments for vacation and companies that exploit since the General Council in its session of 20 November 2008 approved the following: Law 26/2008, of 20 November, regulation of furnished apartments for vacation and companies that exploit preamble The carrying out of the activity of provision of the service of tourist accommodation on other sites We are not hotels, residences and campings is a reality in our country, for years.

Very special way, they have been developed with great success two other types of tourist accommodation, more familiar type. A part, has grown so remarkable the demand for tourist accommodation in furnished apartments for vacation scattered in a variety of buildings of all the parishes, and, on the other part, so a bit more recent, offers tourist accommodation in buildings especially affected the use of tourists, buildings that centralized a number of exclusive services.

At the same time, it has been strengthening, in all of Europe, under the pressure of legitimate consumers, a growing demand for quality and the features and services offered, together with the need to ensure users the full correlation between advertising and the prices offered at the time of booking and the reality of the tourist accommodation presented to the arrival on site.

In this sense, most of the countries of our region have chosen to rely on the exploitation of tourist accommodation activities exclusively to companies specifically authorized.

Finally, the awareness of the society also meant that will be able to offer tourist accommodation accessible to people with reduced mobility.

It is true that, in some parishes, the type of tourist accommodation in furnished apartments for a holiday rooted in scattered buildings is extremely developed and is even an important source of income for the economy of the country.

Needless to say, therefore, that, seen the important flows of tourists that Andorra received each year and the essential nature of this sector of activity, it is essential that the entire sector has a specific legislation, homogeneous and coherent, aimed at optimising the services offers, to ensure the satisfaction of all those who spend in the country and to enhance the prestige and image of Andorra abroad thanks to a high level of quality.

With this affirmed to embrace and to regulate the largest number of formulas of tourist accommodation, in 1998 he vote the general law of the tourist accommodation. The Government made the following major regulatory development work of this law, by means of the adoption of regulations and decrees particularly elaborate, completed by the establishment of technical controls of quality newspapers; all this allowed a great qualitative and quantitative improvement of the entire sector of tourist accommodation.

However, in practice, while the general law of the tourist accommodation, 30 June 1998, regulated in a very satisfactory and perfectly suited most of the formulas of tourist accommodation, it turns out, a restrictive interpretation of the same law makes the application to the operation of furnished apartments for vacation when these apartments are scattered in various buildings. This restrictive interpretation has correlative difficulties led to apply regulations of development of this law.

Most countries have a specific legislation designed to regulate the business of exploitation in tourist lease of this type of furnished apartments for vacation and to fix the minimum criteria of quality and safety of real estate units that are exploited with this mode.

Accordingly, it was considered very timely regulated by law both the conditions of exercise of the activity as the minimum requirements of quality, safety and accessibility that companies must abide by in their real estate park in order to be registered as operating companies of furnished apartments for vacation.

The law defined in the chapter the major innovative concepts that it uses. It provides in particular that the rental of tourist apartments cannot be made for periods of less than two consecutive nights or over three consecutive months.

In order to prevent any competition with the hotel industry and catering, this same chapter stipulates clearly that the rent of these apartments may not include the provision of any catering service.

The law creates and regulates in the second chapter, as a fundamental tool of the permanent administrative control in terms of the quality of the services offered to tourists, a new specific record, in which you must register both the operating companies of furnished apartments for holidays as well as the same furnished apartments for vacation.

The third chapter of the law determines the requirements and conditions that companies must meet in order to apply for and obtain the registration as a company of exploitation of furnished apartments for holidays, with the new logo EEAM.

Symmetrically with the previous one, the fourth chapter of the law determines the requirements and conditions that must be met in the real estate units in the area of quality, habitability and safety to be inscribed in the registry as a furnished apartments for vacation. You put in charge of the EEAM the obligation to ensure all the apartments they explode.

In Chapter five, of capital importance to ensure the quality of the services offered by the entire sector, regulates all aspects of the exercise of the business activity of operation of furnished apartments for vacation, in relation to consumers in general as well as with users, the communes and the owners of furnished apartments for vacation or real rights holders on the same apartments.

Finally, the sixth chapter fixes the sanctioning procedure applicable, typifies the infringements and the corresponding sanctions.

It is necessary to add an additional provision that aims to adapt the wording of the current law of urban property leases to the provisions of the new law.

It should also be stressed that the transitional provisions of the law are intended to achieve a agilitzada transition of the current regime to the new regime


established, and in particular, to allow the Administration to continue to apply the same rules in all matters that do not contradict the provisions of the new law.

Chapter first. General aspects Article 1 scope of application of the law the law applies to the activity of companies of exploitation of furnished apartments for vacation, your real estate Park and real estate units that make up the Park.

Article 2 definition of furnished apartments for holidays 1. Are furnished apartments for vacation real estate units furnished with consideration of housing that meet the technical requirements of safety and equipment established by the regulations to be authorized for administrative purposes to be rented vacation or leisure purposes, by night, by week, fortnight or month, and for a period in all cases more than two consecutive nights and less than three consecutive months in the same person through exclusively commercial companies specifically authorised for this purpose, and without which the rent may include the provision of any catering service.

2. In any case, the furnished apartments for vacation and the buildings where they are rooted must have the infrastructure, the facilities and equipment required in accordance with the minimum conditions of habitability, and must be registered in the register of companies of exploitation of furnished apartments for vacation and furnished apartments for vacation provisions of this law.

3. furnished apartments for vacation are classified according to the degree of comfort and quality services and equipment.

4. Are expressly excluded from this definition are of tourist accommodation apartments in the buildings, which are already regulated by its own legislation.

5. The rental of any furnished apartment for holidays must be exploited by a company that lives up to the definition of article 3.

Article 3 definition of the operating companies of furnished apartments for vacation (EEAM) 1. Have the consideration of operating companies of furnished apartments for vacation (EEAM) which with the mandatory prior administrative authorization, in a manner and with a professional character, provide, directly or indirectly, by price, tourist accommodation, for durations that may not be less than two nights not to exceed three months in the same person, in furnished apartments for holidays, of which they are the owners or holders of rights or the use of which has been entrusted by the owners of the apartments or for holders of rights over the same apartments.

2. In any case, the EEAM must be registered in the register of companies of exploitation of furnished apartments for vacation and furnished apartments for vacation planning in the second chapter.

Article 4 definition of real estate Park of the EEAM is understood as the set of every property, EEAM furnished apartments for holidays by the EEAM to rent them according to the modalities and requirements defined in this law.

Second chapter. The registry of companies of exploitation of furnished apartments for vacation and furnished apartments for Vacation Article 5 Creation of the registry of companies of exploitation of furnished apartments for vacation and furnished apartments for Vacation Will create the registry of companies of exploitation of furnished apartments for vacation and furnished apartments for vacation that centralises all applications, the files and data that refer to the EEAM the furnished apartments for vacation and real estate parks of the EEAM.

Article 6. Head of the register 1. The Department of tourism is the only service ability to manage the registry, under the authority of the Minister responsible for tourism.

2. The Government may regulate the operation of the registry for the regulatory pathway and its modalities of consultation.

The purpose of article 7 of the registry the purpose of the register is to identify the authorized EEAM, identify the furnished apartments for vacation allowed and its category, relate each furnished apartment for holidays with authorised the EEAM the exploits and determine the composition of the housing Park of each EEAM.

Article 8 Content of the record 1. Both with regard to the EEAM as regards to furnished apartments for vacation, the Department of tourism has to register the registration permits, the category, the inspections and any sanctions.

2. The Government must observe to ensure coordination between the registry of companies of exploitation of furnished apartments for vacation and furnished apartments for vacation and other administrative records.

Article 9 protection of the data of the register is up to the Government to take all necessary measures to ensure the protection of the data in the registry.

Third chapter. The operating companies of furnished apartments for vacation (EEAM) Article 10 general Requirement prior to the authorization of the exercise of the business activity of operating company of furnished apartments for vacation The previous requirement necessary in order to be authorized to carry out the commercial activity of EEAM is met the legal requirements to be able to exercise a commercial activity in the Principality of Andorra.

Article 11 Obligation of registration of EEAM and obtaining a badge 1. The exercise of the business activity of operation of furnished apartments for vacation requires with mandatory the prior registration of the company in the register foreseen in the second chapter.

2. The registration of a record in the second chapter EEAM gives rise to the award of a distinctive EEAM chart, which indicates the trade name of the EEAM and, if necessary, the level of quality and/or the identification of the special services offered by the corresponding labels. This badge is delivered by the Ministry responsible for tourism and must appear in the main Office of the EEAM in a place visible to the public and users.

Article 12 procedure and requirements for entry in the register and obtain the badge 1. To be registered in the register foreseen in the second chapter, the EEAM must be accredited to the Ministry responsible for tourism, at least, that has a local or an Office of public service and has to deliver you the complete list of real estate units that operate as furnished apartments for vacation.

2. The rest of the procedure and the requirements of the register is regulated by the regulatory route, as well as the requirements and particularities of the classification of the


EEAM, details of the identifying badges, the categories, levels of quality, the stamps of specialization and the other elements of the identification of the EEAM.

Article 13 Control of subsequent technical services to register EEAM ministries competent to ensure compliance with the requirements provided for the periodic control record of the EEAM.

Article 14 guide of tourist accommodation in Andorra The EEAM inscribed in the registry envisaged in the second chapter are automatically included by the Ministry responsible for tourism in the tourist accommodation guide of Andorra that the Government published periodically.

Article 15 of a registry EEAM the cancellation of the registration of a business registry EEAM of exploitation of furnished apartments for Vacation can be produced upon request of the EEAM, or ex officio, by the Ministry responsible for tourism, in compliance with a resolution adopted in the framework of disciplinary proceedings for copyright infringement as a very serious disciplinary actions involving the closure of the company's ultimate offender.

The fourth chapter. The furnished apartments for vacation Article 16 requirements of safety and habitability of furnished apartments for holidays to be registered in the registry envisaged in the second chapter, the furnished apartments for vacation must have prior notice of the certificate or the certificate of occupancy and, cumulativament, that certifies the conformity of the electrical Bulletin the electrical installation, all in accordance with the legislation in force , and must meet the technical requirements and equipment established by the regulations according to the requested category.

In any case, the requirements of safety and habitability apply to the inside of the furnished apartments for vacation must be equivalent to those required by the regulations in force in relation to the apartments.

Article 17 Insurance Requirements of furnished apartments for vacation The EEAM are forced to subscribe to an insurance company authorized to operate in the Principality of Andorra an insurance policy of civil liability for damages to third parties, for a minimum amount of 300,000 euros, for each apartment furnished for vacation that made up his real estate Park.

Article 18 Obligation of registration and classification of furnished apartments for holidays 1. To be considered furnished apartment for holidays any real estate unit requires, with mandatory, which is registered in the register previously planned in the second chapter.

2. The apartment furnished for vacation must be classified in one of the categories established by the regulatory pathway that is expressed by a number of rising stars, from one to four, depending on the degree of comfort, services and facilities of the apartment and the building where it is located.

3. each EEAM is obliged to put inside each furnished apartment for vacation, and so visible to users, the registration number and the category of the same apartment.

Article 19 Procedure and requirements of the registry and the classification of furnished apartments for holidays 1. To be able to rent a furnished apartment in real estate for vacation and include it on your real estate Park, the EEAM must deposit a request of registry of the Ministry responsible for tourism, in which necessarily must include and at least the proof of the fact that the apartment meets all the requirements included in articles 16 and 17 as well as the desired classification by the applicant.

2. The rest of the procedure and the requirements of registration and classification is regulated by the regulatory pathway, as well as the requirements and particularities of the classification of furnished apartments for vacation, the categories, levels of quality and special services of the same apartments.

3. the decision of the registry and the classification given to the Ministry responsible for tourism, which can do perform the inspections and checks the fulfilment of legal requirements.

4. If the characteristics of the apartment even allow its classification in a lower category in the category requested by the EEAM, the Ministry responsible for tourism gives a reasonable time at the EEAM in order to adapt the apartment to this category. If the apartment suited not EEAM within the period granted, the Ministry can classify the apartment in the category corresponding to its features.

Article 20 Control of furnished apartments for vacation back to its record 1. Periodic control of the compliance with the legal requirements on the part of furnished apartments for vacation already registered in the registry is made from the technical services of the competent ministries.

2. For this purpose, the EEAM delivered each year to the Ministry responsible for tourism, an updated list of furnished apartments for vacation that the EEAM exploit.

Article 21 amendment of the category of a furnished apartment for holidays 1. The EEAM are obliged to inform immediately the Ministry responsible for tourism of any modification of the characteristics of a furnished apartment for vacations that is nature to affect their rankings in one category.

2. The modification of the category of a furnished apartment for holidays can be produced upon request of the EEAM the exploits, provided that the company certifies the compliance with the requirements that allow the requested change, or ex officio, in follow-up of an inspection carried out by the technical services of the competent ministries, in compliance with a resolution adopted in the framework of a sanctioning system open to this effect.

Article 22 of a furnished apartment for vacation of the register the cancellation of the registration of a real estate unit in the register of Companies of exploitation of furnished apartments for vacation and furnished apartments for Vacation can be produced upon request of the EEAM until then exploded, either ex officio, in compliance with a resolution adopted in the framework of disciplinary proceedings for copyright infringement as a very serious disciplinary actions involving the low word of the register in terms of the apartment furnished for vacation in copyright infringement.

Article 23 requirements of real estate Park of the EEAM in terms of accessibility 1. The three percent of furnished apartments for holidays that make up the estate Park of a EEAM must be adapted to the rules of accessibility for people with reduced mobility.

2. In any case, a real estate park that includes less than thirty-three units of real estate has to offer, at a minimum, a furnished apartment for holidays


adapted to the standards of accessibility for people with reduced mobility.

3. These provisions are developed by the regulatory pathway.

Chapter five. The exercise of the business activity of operation of furnished apartments for vacation Section first. Obligations of the EEAM respect consumers and users Article 24 Definitions are considered consumers all the people who may have an interest in becoming users of a furnished apartment for holidays.

It is understood by the consumer who has contracted with a EEAM the tourist of a furnished apartment for holidays.

Article 25 Information and advertising to consumers in every advertising or informational documents that refer to a furnished apartment for holidays in particular, the EEAM the exploits must indicate the category in which this apartment is classified, without being able to induce error or confusion.

Article 26 Official List prices 1. The EEAM are forced to have at the disposal of consumers a list of lease prices of furnished apartments for holidays that make up your real estate Park.

2. each year, the Ministry responsible for tourism can ask the EEAM the official list prices referred to in paragraph 1 are duly updated.

Article 27 EEAM obligations in case of reservation in the case of a reservation, the reservation confirmation document delivered by the EEAM the user must specify, at least, the object of the reservation, the price and the duration of the lease reserved tourist, the part of the price eventually paid in advance as deposit aknowledgement, taxes and rates and, finally, any accessorial fees and optional services by the user.

Article 28 lease apartment furnished tourist holidays 1. The EEAM should formalize a tourist furnished apartment lease for vacation with its users.

2. The lease of furnished apartment for tourist holidays must be formalized in writing and must be signed by at least in duplicate. The EEAM must deliver a copy of the contract signed by the user and must file the other.

3. The lease of furnished apartment for tourist holidays have to regulate the object, the length, the price and all the conditions of the lease.

4. in any case, if there has been prior booking, the price indicated in the contract can never be greater than the price agreed at the time of this book.

Article 29 EEAM obligations regarding the furnished apartments for holidays 1. The EEAM should keep the furnished apartments for holidays in good condition and in accordance with the requirements of its category.

2. The EEAM must put at the disposal of the users furnished apartments for holidays in the due terms of cleaning, hygiene, security and operation of the facilities and equipment.

3. Within each furnished apartment for holidays there must be so visible: a) the evacuation plan and the output or exits of the building where the apartment is furnished filed for vacation.

b) the address and telephone number of the Office of public service at the EEAM as well as the opening hours.

c) the list of emergency telephone numbers.

of use instructions) and operation of equipment and facilities of the furnished apartment for holidays.

e) The official prices.

f) The rules of coexistence of the community, in particular with regard to noise and the respect of the rest of the residents and the use of community spaces.

4. The information documents referred to in paragraph 3 should be drafted in Catalan and, at least in Spanish, French and English.

5. The EEAM should provide the residents of a helpdesk for cases of complaints or inconvenience arising from the use of an apartment. In any case the company becomes liable for civil damages caused by the users of its services, without prejudice to the subsequent complaint procedure to the originators.

Article 30 EEAM obligations in terms of attention to users The EEAM have the obligation to inform and serve its users during your stay, at least in the main Office of the EEAM, and according to the schedule that is set for the regulatory pathway.

The EEAM must designate a person as an interlocutor of the users to deal with at any time to the problems and the sobrevinguts incidents, even outside of working hours.

The identity and telephone number through which you can contact us at any time with the speaker appointed must be communicated in writing to the users in the contractual documents and must be grafiar at the door or in the window of the Office of the EEAM.

Likewise, this updated information has been notified to the president of the joint ownership of the building where the apartment leased as a vacation apartment furnished.

Article 31 official Sheet of claims 1. The EEAM are required to keep at the disposal of users an official sheet of claims in their main office.

2. The details of the procedure for the processing of claims is regulated by the regulatory pathway.

Article 32 the protection and information of consumers and the Government needs to develop appropriate regulations for the regulatory pathway in order to strengthen the protection and information of the consumer and the user, with regard to the characteristics and classifications of furnished apartments for vacation and to adapt as well, in every moment, the level of this protection and this information to the criteria of the general policy of achieving maximum quality of service provision.

Second section. Obligations of the common respect of 33 common notification to Article EEAM the registry of furnished apartments for Holidays 1. As soon as you have obtained from the competent Ministry scheduled recording in the fourth chapter, each corresponding to a certification must be common EEAM the registry with regard to furnished apartments for vacations that are rooted in the parish church.

2. While exploit this activity, each must deliver the corresponding common EEAM anyalment a certificate of registration for the high and low of furnished apartments for vacations that are rooted in the parish church.

3. These obligations by the EEAM are understood without prejudice to the mandatory registration of all real estate units in the register of real property of the corresponding common that falls on the owner or holder of property rights over the same units.

The third section. Obligations of the EEAM respect of owners of


furnished apartments for vacation and to the holders of rights Article 34 apartments on the same Obligation of the contract of use of furnished apartments for holidays in the event that the non-proprietary rights holders or EEAM real or on the furnished apartments for holidays they explode, they must complete a contract of operation of furnished apartments for vacation with the owners of these apartments or with the owners of property rights over the same apartments.

Article 35 the essential Conditions of the contract of use of furnished apartments for holidays 1. The exploitation of furnished apartments for vacation must be formalized in writing and must be signed by duplicate.

2. The EEAM must deliver a copy of the signed contract to the owner of the apartment furnished for vacation or the holder of property rights on the same apartment and have to file another.

3. The operation of furnished apartments for vacation must indicate, as a minimum, that the owner of the apartment furnished for vacation or the holder of property rights over the same two-bedroom apartment, empowers the EEAM to exploit the real estate unit with the specific scheme and the type of tourist furnished apartment lease for vacation, and require that all potential liability arising from failure to comply with this law and the regulations that develop are required at the EEAM.

4. The operation of furnished apartments for vacation should also regulate the fees and remuneration of the EEAM, and must expressly provide a period of maturity.

Chapter six. Sanctioning procedure and type of offences and penalties section one. Sanctioning procedure Article 36 Causes of opening a sanctioning procedure 1. Any action or omission that violates the provisions of this law or regulatory provisions that develop gives rise to the opening and the instruction of sanctioning a legal procedure provided for this purpose by the competent Ministry, with the exception of the offence provided for in article 40. e), which gives rise to the opening of disciplinary proceedings by the corresponding common.

2. The instruction of sanctioning procedure can pour, when applicable, the imposition of the sanctions provided for in this law as well as in the adoption of all the measures aimed at restoring the legal order infringed.

3. The administrative responsibility resulting from the Commission of the offences set forth in this law does not absolve the individual offender other responsibilities of all kinds which may arise as a result of the offence committed.

Article 37 People in charge are responsible for infringements of the physical persons and/or legal entities which own the EEAM.

Second section. Article 38 offences infractions offences classification are classified as minor, serious and very serious.

Article 39 very serious Offences Are very serious offences: a) the fact that a natural or legal person pay tourist lease services without being registered as EEAM and/or pay these services in furnished apartments for vacation that violate the provisions of this law or of regulations that develop and/or who are not registered as furnished apartments for vacation If this fact implies a prejudice notorious for tourist interests the Principality of Andorra.

b) the fact of contracting a number of furnished apartments for vacation that exceeds the number of apartments by the EEAM.

c) the fact of hiring a furnished apartment for holidays for a number of people than their capacity.

of) the fact of not having the required insurance policy.

e) the fact of hiring an apartment not registered in the registry.

f) the fact that, as a result of the negligence in the operation of an apartment, will cause serious damage to the community of neighbors who normally reside in the same building. The proof of the seriousness of the damage should be based on the reports of the competent public services or by the corresponding court decision.

g) recidivism in the Commission of at least two serious offences over a period of six months.

h.) the Commission of a serious violation and of at least two mild offences over a period of six months.

Article 40 serious Violations Constitute serious offences: a) the fact that a natural or legal person pay tourist lease services without being registered as EEAM and/or pay these services in real estate units or units that violate the provisions of this law or of regulations that develop and/or who are not registered as furnished apartments for vacation If this does not involve a notable prejudice for tourist interests the Principality of Andorra.

b) the fact of contracting a number of furnished apartments for vacation that exceeds the total number of apartments by the EEAM, in the case in which the EEAM certifies having proposed an alternative solution to users, with a benefit at least analogous to the contracted.

c) the fact of hiring a furnished apartment for holidays for a number of people more than its capacity, in the case in which the EEAM certifies having proposed an alternative solution to the user, with a benefit at least analogous to the contracted.

of) the fact that a EEAM leave to fulfill at least one of the requirements that have given rise to their registration or your rankings in one category, or the fact of performing works or structural reforms to their premises, offices and facilities that imply a reduction of the quality or affecting your category or capacity, without having informed the Ministry responsible for tourism or without having followed the procedure established.

e) the fact that a EEAM has not delivered to the corresponding common certificates referred to in sections 1 and 2 of article 33.

f) the use of distinctive signs or names, other than those which correspond to the category of the EEAM or furnished apartments for vacation this EEAM explodes.

g) the fact that, as a result of the negligence in the operation of an apartment, will cause continuous damage to the community of neighbors who normally reside in the same building. Is meant by continuous two or more incidents with accreditation by the report or the relevant competent public services, particularly crowded with regard to the services of police or firefighters.

h.) the fact to act, in the context of trade policy, advertising or contractual, so unfair and/or using maneuvers designed to hide, either directly or


indirectly, the nature or the actual quality of services provided to the detriment of the rights of the consumer.

and any other economic damage caused) serious infringement to users and that is not classified as very serious.

j) recidivism in the Committee of at least three minor offences over a period of six months.

Article 41 minor Infractions Are minor infractions all infringements to the provisions of this law and the regulations that develop that are not classified as a serious or very serious.

Article 42 prescription of infringements 1. Very serious offences prescribed in the three years of the date of their Commission.

2. serious offences prescribed after two years from the date of their Commission.

3. minor offences prescribed six months of the date of their Commission.

The third section. Sanctions Article 43 taxable Sanctions 1. The main sanctions of all infringements are pecuniary type.

2. In the case of serious offences, such sanctions in the main sanctions may consist of the temporary or definitive suspension of the specific activity in the registry of Commerce, as well as the temporary or definitive suspension of the EEAM or of one or several furnished apartments for vacation that form part of its real estate.

Article 44 the main Sanctions 1. Infringements give rise to the imposition of sanctions of pecuniary character.

2. minor offences are sanctioned with fines of 500 euros up to 1,000 euros.

3. serious offences are sanctioned with fines of € 1,001 to 5,000 euros.

4. very serious offences are sanctioned with fines of € 5,001 to 20,000 euros.

5. the Commission of two or more infractions implies the cumulada application of sanctions corresponding to each and every one of the option was the infringement.

Article 45 accessory Sanctions 1. In the case of very serious violation committed by an accessory penalty, EEAM may consist of the temporary suspension of your registration, for a maximum duration of six months or, at least, for the time necessary to re-establish or normalise the situation altered for the infringement committed. This suspension entails, for the same term, the closure of the EEAM offender.

2. If the Commission of very serious infringement established with reference to a blatant attack on the safety of a EEAM users or of the residents of its real estate, worth accessory may consist of pure and simple cancellation of your registration, which involves the closure of the EEAM offender.

This cancellation shall be understood without prejudice to the EEAM can return to start the procedure of registration according to the provisions set out in this law, the minimum period of one year from the date on which the decision of cancellation of registration has become firm.

3. In the case of very serious infringement established with reference to a furnished apartment for holidays, the accessory penalty may consist of the temporary suspension of your registration, for a maximum duration of six months or, at least, for the time necessary to re-establish or normalise the situation altered for the infringement committed. This suspension entails, for the same term, the closure of the furnished apartment for holidays in copyright infringement.

4. If the Commission of very serious infringement established with reference to a furnished apartment for vacation involves a blatant attack on the safety of its users or residents, the accessory penalty may consist of pure and simple cancellation of your registration, which involves the closure of the furnished apartment for holidays in copyright infringement. This cancellation shall be understood without prejudice to a registration procedure can start the EEAM this furnished apartment for holidays according to the provisions set out in this law, the minimum period of one year from the date on which the decision of cancellation of registration has become firm.

Article 46 prescribing penalties 1. The sanctions imposed for very serious offences prescribed two years counting from the day on which the resolution that imposes becomes firm.

2. The penalties imposed for serious offences prescribed in the head of one year counting from the day on which the resolution that imposes becomes firm.

3. The penalties imposed for minor offences prescribed in any of six months counting from the day on which the resolution that imposes becomes firm.

Article 47 measures do not similar to sanctions has No character of sanction the closure of a company not registered as EEAM and exercising the activity regulated in this law nor the closing of real estate units or exploited dependencies as furnished apartments for vacation without having previously been recorded.

The only additional provision of article 51 of the law of urban property leases, of 30 June 1999, modifies and is worded as follows: "residential leases for vacation are governed, as appropriate, to the provisions established in the general law of the tourist accommodation or to the law of regulation of furnished apartments for vacation and companies that exploit."

First transitional provision As the Government not issued specific regulations of development of this law, will continue to apply, in all its provisions are not repealed by this Act, the following regulations of development of the general law of the tourist accommodation, from June 30, 1998: a) the regulation of application of the general law of the tourist accommodation for the classification of establishments of tourist accommodation and apartment rentals for the use of the official seal of control and warranty " Rating plate of apartment rentals of tourist accommodation of Andorra ", of 8 November 2000, including its subsequent amendments up to the date of the publication of this law.

b) Regulation of the complaints in the area of tourist accommodation, of 22 May 2002.

c) Decree that regulates the personal data file "tourist accommodation Claims" of the Ministry of tourism and environment, from 27 September 2006.

Second transitional provision but the first transitional provision, empowers the Government to make within the period of twelve months from the entry into force of this law is to develop at least the following: a application regulations) Regulation of operation of the register of EEAM and furnished apartments for vacation.

b) Regulations of the classification of categories of apartments.

c) Regulations on the protection and information of the consumer and the user, with regard to the


features and classifications of the furnished apartments for vacation.

Third transitional provision companies which, in accordance with this law, are considered EEAM and that, prior to the date of entry into force of this law, have the classification of tourist accommodation provided by the Ministry responsible for tourism, retain the plate already obtained and are automatically recorded in the same category and with its possible special stamps, EEAM in and furnished apartments for Vacation created by this law.

Fourth transitional provision real estate units that, in accordance with this law, are considered furnished apartments for vacation exploited with the type of lease agreement and that they have been declared to the Ministry responsible for tourism before 31 December 2005 are automatically recorded in the same category in the register of EEAM and furnished apartments for Vacation created by this law.

Fifth transitional provision The EEAM have a period of two years from the date of entry into force of this law to fit your property Park in terms of accessibility requirements in article 23.

Sixth transitional provision The EEAM have a period of six months from the date of entry into force of this law to register with the owners of furnished apartments for vacation and the holders of real rights on the same apartments the exploitation provided for in the third section of Chapter five.

Final provision this law enters into force thirty days of publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, 20 November 2008 Joan Gabriel i Estany 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.

Nicolas Sarkozy Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra