INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW 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. In the case of Mallorca, Ibiza, and Formentera, not only the acquisition of tourist bed places to the managing organism or tourist administration is suspended, but also the exchange of bed places between individuals, either to begin activity or to expand, in the cases of tourist accommodation establishments as well as dwellings for tourist commercialization. This suspension will last until the assessment or reassessment of the load capacity of each island is done, which will determine the total number of bed places that can be commercialised, and in a period of no longer than four years since the law becomes effective. This will be done through an exceptional modification of the PIAT or PTI. It is important to highlight the closing clause of section three of the first additional provision: if in the established period the assessment of the bed places has not been carried out, they will be considered extinguished. The rule understands that, in any way, this will suppose a reduction of the number of tourist bed places that are currently inscribed, and of those integrated to the stocks when this law becomes effective. This reduction will be equitable amongst tourist accommodation bed places and bed places of tourist stays in dwellings17. 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. 17 According to article 49 of Law 8/2019, of 19 July, on Tourism in the Balearic Islands, companies that commercialise tourist stays in dwellings are: “natural or juridical people that commercialise the entirety of a residential dwelling for tourism, short-term, in conditions for immediate use, and with a lucrative aim. This commercialisation may alternate with the actual housing use that characterises them”.
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