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. |