TOURISM, SUSTAINABILITY AND CIRCULARITY IN LAW 3/2022 establishment10. The explanatory preamble of the law justifies this change, because the current one was confusing and difficult to interpret. B.- Active tourism companies. The law defines active tourism companies in the new article 61.2: “An active tourism company is understood as one that, for profit, provides services that allow the development of leisure, sports, and adventure activities, which are practised making use of the resources offered by nature, either in air, earth, underground, aquatic or subaquatic environments; and in which a certain degree of physical effort, skills, or experimentation are needed, or that imply a certain controlled risk”. In this type of companies are also included those based on the enjoyment or sensibilisation of the environment or of natural resources. C.- Wellness hotels. The law affirms that they are a specific hotel group in other competing destinations, which is why it is important that they are implanted in the Balearic Islands. They combine accommodation and wellness. They are given a specific category and an incentive so that they can have up to 50% of its area dedicated to offering wellness and beauty services. While the prohibition of acquiring new tourist bed places is in place, there would only be the possibility for already existing establishments to reconvert into this new category. The new article 39 states that a wellness service is one that is destined to promote or improve people’s health. In this type of establishments, one or several services of this kind must be offered, on top of accommodation. Wellness hotels will have at least four stars, and they will be able to use up to 50% of its total area, which includes the use of tourist accommodation, to offer these services. 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 10 It was previously redacted as it follows: “1. It is understood that a tourist accommodation establishment is exploited under the modality of full board when in the price offered to the users of tourist services, on top of accommodation, are included all the services offered by the establishment, as well as breakfast, lunch, dinner, and any consumption of food and drinks done inside of the hired tourist accommodation establishment.
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