Public and private law instruments to protect neighbours on accommodation by Afonso Café

International Journal of Tourism, Travel and Hospitality Law division of costs between the unitholders proportional to the respective fractions or with the option of an added contribution in cases of exclusive use or greater fruition by some unitholders. This option must be based on specific rules that establish the criteria to justify these higher costs. In the specific case of local accommodation doubts may arise as to the objective criteria for such imputation, the greater or lesser use of the common areas may depend on the form and intensiveness6 the establishment is exploited. The condominium may only establish as a criterion the number of guests that annually use the establishment, which implies the disclosure of these numbers by the owner. d) Presentation with the registration application of the minutes approving the exercise of the activity by the condominium in the case of hostels (Article 6. f)) Other rules have a wider scope of protection which includes the various persons in contact with the local accommodation establishment, also including the neighbours. Such as: a) The compulsory existence of civil liability insurance covering the risks of fire and damage to property and personal injury caused to guests and third parties (Article 13-A.2). b) The objective liability of the establishment’s owner for damages caused to guests and third parties resulting from the provision of accommodation services (Article 16.3). c) The stipulation and advertising of opening hours (Article 19.1). d) The reservation of access to and stay in the establishment to guests and their guests (Article 19.3). e) The possibility of "refusing access to the establishment to those who disturb its normal operation and/or disrespect public order, failing to comply with the applicable rules of urbanity, operation and noise" (Article 19.4). 3. Permit of use It is, also, of interest to look at the requirement of the mandatory permit of use or a valid title of use for the property and the existing debate around this assumption when connected to the nature 6 We know that local accommodation establishments are operated in very different ways, from professional operations that operate all year round to periodic or sporadic operations at certain times of the year, there may even be several units owned by different owners in the same property with different types of operation and, for this reason, they must contribute to the expenses of the common areas in different proportions.

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