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TOURISM LAW    September 2000
 
José Luis Hernández Socorro Curriculo
Accountant. Director of Gestiones.com
 
In the year 1.995 a Law that deals with the Order of Tourism in the Canaries was approved. This Law that was going to be applied on 19th July of this year had the following objectives:

1. To organise and form the touristic activity just from the business point of view just as much as from the touristic complexes' point of view.

2. To regulate the touristic offer.

3. To conserve, protect and make the most of the the touristic resources of the Canaries in a logical and rational way, with special attention to the environment, the county and the culture within the Canaries.

4. Organisation of the territorial and urbanistic infrastructures.

5. To guarantee legal protection of the Tourist. This would be the tourist rights, correct information, safety and the ability to reclaim in cases of any discomfort.

The Law regulates the type of touristic establishments, the requirements to carry out an activity and an aspect which has been and will be without a doubt very problematic is what is known as THE UNITY OF MANAGEMENT. This unity of management basically endeavours that there may be a single company or individual body to represent the ownerswho wish to rent out or exploit their properties. In many complexes in the Canaries there are non-resident owners who only use the property once or twice a year, and the rest of the time they give it to a Spanish Company to rent out or manage, they charge a commission for this and they give an income to the owner for renting out to the tourists. Up to now everything is alright, but it means that in the touristc complexes, there are many apartments that owners give to many different companies to rent out for them, and this has provocated problems (according to the government) of a diverse nature through the qualtiy of services that are offerd to the tourists, through the common areas, through the conflicts with reception of the complex, through employees from various companies in the same complexes, etc.

For this reason the goverment want there to be unity of management. This is to say that if there are different companies that rent out properties in one complex, they will be obliged to put themselves in agreement and unify in order to manage the properties, because the Public Administration only wants to deal with legal problems a singe company instead of various ones. The unity of management will have to be obtained from the owners with legal titleship (contract) that permits the asset to be exploited, with the duration of three years, made in a public document or private with the signatures legalised by the Notary. This will be complusory so that the Administration may authorise a company to exploit the fittings. The government gave two years for the companies to unify. However the government, have permitted through complaints from touristic companies to defer the application of this Law one more year. They are studying the possible unconstitionality fo this law.

 
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