International Journal of Tourism, Travel and Hospitality Law When it comes to infractions and sanctions, the Law on Tourism in the Balearic Islands is modified, and it introduces new hypothetical cases in every one of the three groups: minor, serious, and very serious infractions. Amongst the first, the lack of indication of local produce or certificate of origin in menus is added. As serious infractions are added, amongst others, non-compliance with the deadline of adjustable bed percentages, non-compliance with the obligation of having the circularity plan and the yearly assessments or having a circularity plan that doesn’t correspond with that one of the law. In the case of water saving measures, not having a dual flush button or a button with flush interruption, breaking the prohibition of leaving courtesy toiletries for the costumers, not adjusting the temperature, or self-promoting as a circular company without complying with the budgets for it. Amongst very serious infractions, inaccuracy, falseness, omission of substantial aspects to get the license or preceptive qualification; a very serious breach relating to adjustable beds or unfulfilling the obligation of eliminating thermal systems of fuel or diesel oil within the established deadline. In general, minor infractions will be punished with a warning or fine of up to 4,000 euro, serious infractions with a fine of between 4,001 and 40,000 euro, and very serious ones with a fine of between 40,001 and 400,000 euro. There are other specific sanctions. Such is the case of unfulfillment of the obligation of installing adjustable beds, which will be sanctioned with 500 euro per non-installed bed, with the limit of the maximum for very serious infractions. The infraction of breach of the obligation of eliminating thermal systems that work on fuel or diesel oil will be sanctioned with a fine of 100,000 euro. Accessory sanctions can also be imposed: temporary suspension of the exercise of activity of the company or professional exercise, revoking the authorisation given by the tourist administration or the loss of the effects of the responsible declaration of the start of tourist activity, or temporary or definitive closing of the establishment, according to the last paragraph of section 35 of article 2 of Law 3/2022. IV.- TEMPORARY SUSPENSION OF THE ACQUISITION OF NEW BED PLACES FOR TOURIST ACCOMMODATIONS. One of the most talked about measures is the temporary suspension of licences for new bed places for tourist accommodations. It is laid out as a precautionary measure on tourist activity, necessary to achieve sustainability in the sector. The first additional provision of the Law suspends for a maximum period of four years the acquisition of tourist bed places for Mallorca, Ibiza, and Formentera, and the second additional provision suspends the start of new tourist activities of hotel accommodation establishments, tourist apartments, rural tourism accommodation establishments and hostels, shelters and inns, dwellings object of tourist commercialization or vacation tourist dwellings in Menorca16. During this period, the administrations will assess the load capacity of each island through the Plans of Intervention in Tourist Areas (PIAT) and the territorial plans (PTI) and establish the number of tourist bed places that can be offered. 16 The different types of tourist accommodation establishments are regulated in Law 8/2012, of 19 July, on Tourism in the Balearic Islands, in articles 30 and following.
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