Spain legal reporting requirements with SES Hospedaje

[Radu90]

Hi everyone!

I would like to ask fellow hosts in Spain how are they dealing with the legal requirements in Spain given that Airbnb doesn't provide enough information about the reservations. 

In a nutshell the Royal Decree 933/2021, requires the host to file a lot if personal information related to the the “holder of the reservation” This needs to be submitted to “SES Hospedaje” as part of the “Reserva de Hospedaje” within 24 hours from the date the reservation has been made (Articulo 6.3 of the Royal Decree 933/2021). Since the law does not differentiate in regards to the status of a reservation (Articulo 6.3.a) as a host I am required to submit information about ALL reservations through “Reserva de Hospedaje”,  including for reservations that have been/will be canceled. 

The data that needs to be submitted as part of the “Reserva de Hospedaje” includes Full Legal Name, Date of Birth, Gender and ID information which are not provided. To submit false or partial omission of the data, or to send the data too late is considered mild infringement, and the sanctions range from 100 to 600 euros. So far, no one is banging on the door to give fines.

As a host I have no way to collect that information from the guest within 24 hours of the reservation. I mean I can send the guest a message and ask for the information and hope they will respond in 24 hours and they will provide the details correctly.

Since Airbnb already has this information I have reached out to support to ask them if there's a way in which they can share this information with hosts but they politely declined due to privacy concerns (which I totally agree with TBH). On the other hand and ironically enough, Airbnb validates the situation here: https://www.airbnb.com/help/article/3376.

That being said, should I cancel a reservation if a guest doesn't provide me with the required details within 24 hours? Isn't this a really bad experience for the user, especially for the users that have already went through ID verification with the platform? Any advice is appreciated!

[Quincy]

Hi @Radu90,

How have you been handling things so far? Have you tried using scheduled automated messages with details of what you need?

I have tagged a few hosts who may be able to share more insights:

@Elaine701 @Mary6784 @Zsuzs-Es-Gerar0 @Daniel13989 @Milena36 @Viva--Costa-Del-Sol0 @Daniel1651 

In addition, the Spanish Community Center 👈has seen a lot of activity recently, with hosts sharing their thoughts on the new regulations.  I found one conversation posted today related to Royal Decree 933/2021, which you can view here. 

Hope this helps!

[Elaine701]

@Quincy 

The system just doesn't work much of the time. It crashes a lot. Sometimes it's simply impossible to use as directed. There's lots of complaints about this from the industry. Many are taking legal action.

We haven't had any complaints from guests though. So far. I reckon I should count my blessings. 

I usually just ask for copies of their IDs (if they're EU citizens) it has all the relevant information, and you can just copy it to the system later (when it actually works). In fact, we were told by the Guardia Civil on the old system, that we were required to keep copies of their IDs (despite it being contrary to EU law) or be fined up to 1000€ for non compliance. 

However, it seems in addition to the severe penalties for not being able to use the system as directed, you can also be fined up to 1500€ for even asking for copies of their IDs, even if you don't copy them. Some hotels have already been fined for this. Ironic, eh?

I have my doubts about how much longer this can endure the massive scrutiny that all in the tourism business are now screaming about. Lawsuits, political fights, contradictions, and now be the EU is being asked to get involved, as some parts of this are apparently contrary to EU law.

It's a real mess. I hope they find some way to make this work for everyone. Or drop it entirely. 

[Viva--Costa-Del-Sol0]

@Radu90 

Hey there! I totally get your frustration with this situation. It's a tricky balance between following the law and providing a smooth experience for our guests.

In case it helps, here's what we do, and so far it's worked well without any cancellations or issues:

1. We've set up booking welcome messages that are automatically sent right after we get a booking.
2. In our message, along with property information etc., we explain about this, and that it is a legal requirement in Spain and kindly ask them to complete it within 24 hours of booking (not check-in, to comply with the law).
3. I make it clear that the information is needed for the official SES Hospedaje system, not for me personally.
4. We've set up a few reminders as well, but if they don't fill it out right away, we manually send a friendly reminder.

Most guests understand and comply quickly. I've found that being upfront and explaining the situation helps a lot. I know it's not ideal, but it's the best way we've found to stay compliant without causing too much hassle.

Hope this helps! 😊