The Real Decreto 933/21 is currently the focus of many managers of hotels, tourist accommodations and, in general, of any company with guest accommodation activities. This regulation establishes documentary registration requirements for accommodation activities,known as “travelers’ reports”, and its regulation implies the creation of single registers at the Secretariat of State for Security and establishes penalties for non-compliance with these requirements.
Although it was originally due to come into force in 2022, the Secretary of State for Tourism indicated that the databases required by the Royal Decree would not be active until January 1, 2023, so the registration obligations were postponed in the first instance until then, and there is currently an adaptation period that extends until October 2024.
The main objective is to guarantee citizen security and protect fundamental rights, and its application is of vital importance to prevent criminal offenses in the current context. What exactly does it consist of and what do you need to know if you have a hotel or tourist accommodation?
Documentary record obligations in Real Decreto 933/21
TheReal Decreto 933/21 establece un marco normativo que impone obligaciones de registro documental en el ámbito de actividades de hospedaje. These obligations are aimed at guaranteeing citizen security and protecting the fundamental rights established in the Spanish Constitution of 1978.
En virtud de esta normativa, tanto las personas físicas como las jurídicas que se dediquen a actividades de hospedaje están obligadas a llevar u documentary record of their guests and clients, as well as of the transactions carried out. This record should include detailed information, such as personal data, dates of stay or rental, and any other relevant information.
Además, The Real Decreto 933/21 extends the documentary registration obligations to other stakeholders, such as tour operators and digital platforms. These entities must also comply with the obligation to register and report data related to lodging and car rental activities.
When does Real Decreto 933/21 enter into force?
The Real Decreto 933/21 came into force on January 2, 2023, establishing an adaptation period that will last until October 1, 2024. During this time, all entities and obligated persons must comply with the new documentary registration obligations established in the regulations.
How to comply with the new hosting regulation 933/21?
To facilitate compliance with these obligations, the Ministry of the Interior has established a specific electronic procedure for professional hosts, through which hosts must systematically and securely transmit their clients’ data.
To send all the information in compliance with Royal Decree 933/21, all data must be sent throughthe following link.
Penalties for non-compliance with the new lodging law
Failure to comply with these obligations may result in penalties, which vary depending on the seriousness of the violation.
In the case of minor infringements, a fine of up to 100 euros shall be imposed. These violations may include failure to comply with the obligation to register, failure to provide the required data, or making incorrect or incomplete registrations.
For serious violations, fines can range from 101 to 30,000 euros. These violations include actions such as providing false or misleading information, obstructing the supervisory work of the competent authorities, as well as repeated failure to comply with registration obligations.
It is important to note that the imposition of penalties does not exempt from the obligation to comply with documentary registration obligations. In addition, these sanctions will be applied proportionally, taking into account the particular circumstances of each case.
Creation of single registers at the State Secretariat for Security
The Real Decreto 933/21 establishes the creation of two single registries centralized in the Secretariat of State for Security. The purpose of these registries is the prevention, investigation, detection and prosecution of criminal offenses related to the activities of lodging and rental of motor vehicles without drivers.
By creating these single registries, the aim isto centralize the information of individual and legal entities engaged in these activities, as well as that of tour operators and digital platforms. This will allow for greater efficiency in the control and follow-up processes, thus contributing to guaranteeing citizen security.
It is important to note that the creation of these unique registries implies the obligation to register and communicate the data of guests and clients who rent accommodations or vehicles. Both the obligated parties and the digital platforms must guarantee the correct and complete transmission of this information to the Secretariat of State for Security, according to the procedures established in the regulations.
In addition, clear responsibilities are established for regulated entities regarding the veracity and updating of the data recorded in these registries. It is essential that the information is accurate and up to date, in order to facilitate the prevention and investigation work of the competent authorities.
In 2024, companies in the hospitality sector that have not yet caught up with the new requirements of these regulations have until October 1 to do so. It is true that compliance with regulations can sometimes be perceived as a cumbersome process, but the truth is that regulatory developments improve the safety of both users and companiesWith an integrated data collection and reporting system, adapting to the new regulations can even be an opportunity to build customer loyalty.
