New obligations for Tenerife come into effect on Monday, December 2, 2024, impacting everyone renting a car or accommodation in Spain.
Whether traveling to enjoy the sun, nature, and culture, or visiting family and friends, it is important to be aware of the latest rules and regulations. These obligations include essential documentation, possible health requirements, and other travel necessities to ensure a smooth trip to Tenerife. Here is everything you need to know to prepare for your journey.
Fines
Today, Monday, December 2, the Royal Decree 933/2021 comes into effect, imposing obligations for documenting and registering information on natural or legal persons engaging in accommodation activities and motor vehicle rentals. Non-compliance may result in steep fines of up to €30,000.
Criticism from the Accommodation and Travel Agency Sector
As of now, anyone traveling to Spain is required to inform the government by registering if they are renting holiday accommodations and/or motor vehicles on Spanish territory. This new measure has been widely criticized by the accommodation and travel agency sectors, which cite excessive administrative burdens, loss of competitiveness, and potential breaches of travelers’ privacy.
However, the Ministry of the Interior emphasizes that the drafting and approval of the decree respected the principles of transparency and efficiency. According to the ministry, the involved parties were consulted, and the objectives of the regulation were clearly defined in both the preamble and supporting documentation. Additionally, no “unnecessary or supplementary administrative burdens” were included.
Enhancing Security
The department, led by Fernando Grande-Marlaska, highlights current security challenges and states that the greatest threats to citizens stem from terrorist activities and organized crime, both with a strong transnational character.
In both cases, the logistics of accommodation and the acquisition or use of motor vehicles play a significant role in the modus operandi of criminals. These transactions are increasingly conducted through digital channels, providing added privacy, according to a ministry spokesperson.
The Ministry of the Interior notes that the current regulations are outdated and ineffective. For example, the existing rules for accommodation registration are 65 years old (Royal Decree 1513/1959). This excludes new types of accommodations, such as short-term rentals via digital platforms or online reservation systems, from the scope of the law.
With the registration of nearly 4.8 million user data, the measure has so far helped identify 18,584 individuals listed in national or international databases. This aligns with the primary goal of the decree: improving public safety, according to the Ministry of the Interior.
Affected Sectors
According to the publication in the Official State Gazette (Boletín Oficial del Estado, BOE), the obligation to register applies to natural or legal persons who, whether professionally or not, engage in accommodation activities or the rental of motor vehicles without a driver.
Accommodation includes both professional and non-professional activities aimed at offering, in exchange for payment or compensation, overnight stays with or without additional services. This category includes hotels, hostels, pensions, guesthouses, rural tourism accommodations, campsites, and campervan parking areas.
Motor vehicle rentals without a driver involve providing vehicles to third parties for a specific period in exchange for payment. Exceptions include taxis and vehicles with drivers.
The regulation also applies to intermediaries, such as tour operators and digital platforms, which facilitate these activities for payment or free of charge, regardless of whether they provide the underlying service themselves, as long as these services are offered in Spain.
Collected Data
The Ministry of the Interior stresses that the required data collection remains the same as before. For accommodations, the following information must be registered:
- Company Data: Name, tax ID (CIF or NIF), location, contact details, website, and advertisement URL.
- Establishment Details: Type, name, full address, postal code, and province.
- Traveler Information: Full name, gender, ID number (DNI, passport, TIE), nationality, date of birth, place of residence, phone number, email, number of travelers, and family relationships (if one is a minor).
- Transaction Details: Contract data, such as reference number, date, signatures, and payment details, including payment method, card number, and expiration date.
For non-professional accommodations, additional data include the owner’s full name and identification details, as well as the number of rooms and the establishment’s internet connection. Vehicle rentals require similar data, supplemented with details of the main and secondary drivers.
Fines from €100 to €30,000
Although the ministry emphasizes that the regulation is not intended as a revenue-generating measure, fines will be imposed on companies failing to comply with the new obligations for Tenerife.
Minor violations, such as errors in registration or late communication, will incur fines ranging from €100 to €600. Severe violations, such as the absence of required registration or failure to provide mandatory communications, will be fined between €601 and €30,000.
Guy Devos © Photography
New Obligations for Tenerife ©
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