International Journal of Tourism, Travel and Hospitality Law 2023

A NEW ADMINISTRATIVE LAW FOR A NEW TOURISM: NOW OR NEVER public administrations from controlling them, facilitating the increase of tourists29.. In short, the use of ICTs by the tourism industry has essentially focused on increasing supply, leaving aside other possibilities that would have prevented tourism from growing out of control. Now, using the pandemic as a turning point, it is time to dust off and develop some technological solutions that will allow us to reach adequate levels of tourism sustainability, without forgetting, of course, that within this concept of sustainability we must include, as is logical, economic profitability, because without this data we cannot really speak of sustainable tourism. In short, as seems to be clear, it is a question of developing the concept of electronic administration, that is to say, of enabling the competent administration to use the appropriate means and technologies for greater efficiency in the control of tourism sustainability. And not only, exclusively, the use of such means, but, in fact, I am proposing, as will be seen in the next section, a structural change in the administrative work, in the mentality of those who work in the administration. I cannot dwell too long on implementing this idea, which is undoubtedly very interesting, as it is beyond the scope of this humble work. 3.5.2. – The use of information and knowledge technologies to digital tourism. As I pointed out in the previous section, this is a real structural change in tourism, i.e. that these technologies that are already with us and have helped the industry to significantly increase the number of tourists, i.e. demand, should also help to achieve sustainable tourism through adequate control of the carrying capacity, avoiding overcrowding and excesses of tourists, which will logically lead to an increase in sustainability and tourism quality. In this sense, the concept of smart cities where hyper-connectivity through the internet of things and other similar mechanisms is key to the digitisation of tourism. Note that we are talking about digital tourism, not smart tourism. This concept is, I believe, the evolution of the former and I will refer to it in the following section. 29 BOUAZZA ARIÑO, O., “Uso residencial y uso de hospedaje en la Ciudad de Madrid”, ponencia en el Congreso Internacional sobre “Gobiernos locales y economía colaborativa” celebrado en la Universidad de Jaén los días 19 y 20 de mayo de 2022. Como pone de manifiesto el autor de este trabajo, la ausencia de regulación en algunas comunidades autónomas, unido a la intensa utilización de plataformas digitales, provocó la proliferación de viviendas de uso turístico sin ningún tipo de regulación, generando importantes problemas en algunas zonas de la ciudad de Madrid.