International Journal of Tourism, Travel and Hospitality Law D.- Statutory obligation to regulate hostels as accommodation tourist companies. Section 39 of article 2 of Law 3/2022 introduces a 22nd additional provision about hostels as tourist accommodation companies. It establishes the statutory obligation of regulating opening and operating requirements of hostels as tourist accommodation companies in a deadline of two years since Decree Law 3/2022, of 11 February11, becomes effective. However, the law states that hostels that operate as youth hostels and aren’t authorised by the competent authority since the law becomes effective, will be under the scope of application of Law 8/2012, of 19 of July, on Tourism in the Balearic Islands. From this point forward, it states several specific aspects for hostels that are excluded from future rule development. This way, they fall under Law 2/2016 on tax on tourist stays in the Balearic Islands, and they can’t have more than 150 tourist bed places in Mallorca, 80 in Menorca and Ibiza, and 60 in Formentera. These hostels will have the obligations and duties determined in Law 8/2012. Even though article 88 does not apply to them, bed places in hostels can’t be swapped between individuals. The number of bed places that hostels will compute in effects of the maximum number of bed places in tourist accommodations per island must be taken into account, in effect of article 5.3 of the Law on Tourism in the Balearic Islands. The seventh additional provision temporarily suspends the start of youth hostel activity, under Law 10/2006, of 26 July, integral of youth, until the of 31st December of 2023, or until the new law of educational leisure for children and youth in the Balearic Islands is published, with the exception of the corresponding to youth hostels of public titularity or management. E.- Modernisation and innovation in hygiene and cleanliness: adjustable beds. One of the obligations that has received more comments amongst those imposed by the law is the one included in the new article 37 bis, which demands changing all the beds of an establishment, except the extra ones, for adjustable beds, either mechanically or electrically, which will allow a better and easier cleaning, thus improving working conditions in the sector12. Who is under the obligation of making this change? Hotels, city hotels, aparthotels, rural hotels, and any establishment that has received a rating in stars. The law also includes a few exceptions13. Firstly, establishments with up to 30 rooms that are in buildings considered Bienes de Interés Cultural (goods of cultural interest), Bienes catalogados (catalogued goods) or of singular protection, or that are in an old town, as long as beds and structure have properly authorised historical and heritage significance. The mention to an “old town”, as well as the “historical and heritage significance” of its furniture will have to 11 Here is an example of the effects of dictating a decree law and a law on the same matter in such a short amount of time, when the first already contained certain obligations for tourist establishments. 12 In this sense, the explanatory preamble of the law affirms that: “The cleaning staff of the rooms must be able to activate the elevation of the bed, so it can be situated at a height that allows better cleaning of the floor of the room or of the elements on which the bed is standing, which will also impact the protection of their occupational health”. 13 These exceptions were not contemplated in Decree Law 3/2022, of 11 February, of urgent measures for the sustainability and circularity of tourism in the Balearic Islands. They were included later. The press in the Balearic Islands discussed repeatedly this obligation for accommodation establishments.
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