Capturing guest ID and registration

[Paula-And-David1]

Hi,
Operating as a host in Spain it is a legal requirement that we capture the identity of every guest and register it with the Guardia Civil.
Since all properties must comply we found it very strange that AirBnB don’t care about this.
It seems that the majority of the hosts don’t actually comply with this, so for us to ask our guests is leading them to think we are doing something strange or different.
Having looked at making it a smoother more understandable and simple process we have explored on line and found Chekin. However, we are wondering if you are aware or can recommend other providers?
Or simply give any guidance??

[Mike-And-Jane0]

@Paula-And-David1 this has been raised on the forum before. Many guests are unhappy about giving their details to some random 3rd party website.

I am afraid that all you can do is be clear in your listing it is a legal requirement and possibly say that the keys cannot be released until it is complied with.

I was told the UK has a similar law but I guarantee 99.9% of hosts do not comply with it. The 0.1% will sadly look as if they are creating a law for a nefarious purpose.

[Helen744]

These very same guests do indeed give their details to Airbnb, it is not strange in my opinion that the person who owns the house these people are staying in would require the same information before handing over the keys.  Seriously these people are really not used to staying at Airbnbs is all I can say ..... H

[Helen3]

The UK doesn't have a similar law @Mike-And-Jane0 in many European countries it's enforceable by large fines if accommodation owners don't comply with providing visitor details to the authorities. 

[Mike-And-Jane0]

@Helen3 are you sure there is no English law? A host in the Lake District once published the details on the forum but I think he was banned for bad behaviour. I never bothered to follow up on the law because I felt we could argue that Airbnb held the name and address of the guest and I suspect it was one of many archaic English laws that no one bothers with.

[Mike-And-Jane0]

@Helen3 I've found the law!!!

Having read it  I think I can guarantee none of us are complying.

The Immigration (Hotel Records) Order 1972

Made

7th November 1972

Laid before Parliament

17th November 1972

Coming into Operation

1st January 1973

In exercise of the powers conferred upon me by section 4(4) of the Immigration Act 1971, I hereby make the following Order:—

Citation and commencement

1.  This Order may be cited as the Immigration (Hotel Records) Order 1972 and shall come into operation on 1st January 1973.

Interpretation and transitional provisions

2.—(1) In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“alien” has the same meaning as in the British Nationality Act 1948;

“certificate of registration” means a certificate issued, or treated as issued, in pursuance of regulations from time to time in force under section 4(3) of the Immigration Act 1971;

“keeper”, in relation to any premises, includes any person who for reward receives any other person to stay in the premises, whether on his own behalf or as manager or otherwise on behalf of any other person;

“nationality” includes the status of a stateless alien;

“stay” means lodge or sleep, for one night or more, in accommodation provided for reward.

(2) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

(3) Any information required by this Order to be given by or to any person may be given by or to any other person acting on his behalf.

(4) Anything done under, or for the purposes of, Article 19 of the Aliens Order 1953(1), as amended(2), shall have effect as if done under, or for the purposes of, this Order and, in particular, any information given or record maintained under or for the purposes of the said Article 19 shall be treated as if it had been given or maintained under, or for the purposes of, this Order.

Application of Order

3.  This Order shall apply in the case of any hotel or other premises, whether furnished or unfurnished, where lodging or sleeping accommodation is provided for reward, not being premises certified by the chief officer of police of the area in which they are situate to be occupied for the purposes of a school, hospital, club or other institution or association.

Provision of information by visitors

4.—(1) Every person of or over the age of 16 years who stays at any premises to which this Order applies shall, on arriving at the premises, inform the keeper of the premises of his full name and nationality.

(2) Every such person who is an alien shall also—

(a)on arriving at the premises, inform the keeper of the premises of the number and place of issue of his passport, certificate of registration or other document establishing his identity and nationality; and

(b)on or before his departure from the premises, inform the keeper of the premises of his next destination and, if it is known to him, his full address there.

Records to be maintained by keeper of premises

5.  The keeper of any premises to which this Order applies shall—

(a)require all persons of or over the age of 16 years who stay at the premises to comply with their obligations under the foregoing Article; and

(b)keep for a period of at least 12 months a record in writing of the date of arrival of every such person and of all information given to him by any such person in pursuance of the foregoing Article;

and every record shall at all times be open to inspection by any constable or by any person authorised by the Secretary of State.

Robert Carr

One of Her Majesty's Principal Secretaries of State

Home Office

Whitehall

7th November 1972

[Helen744]

Hello Paula and David , Yes it has been raised. Airbnb take peoples IDS but do not pass them on to hosts. Simply put it in your house rules and make it the first communication with your guest via messaging. That all guests must provide ID. Then deal with it normally one group at a time. some guests seem to believe that Airbnb is set up specifically to steal their ID but just ask for it via a mobile or when they arrive, explain your requirements , it is what it is.... H

[Helen3]

As you know a company can't provide a third party ie Airbnb can't provide a host with someone's ID - it would be far to open to fraud I'm afraid. And im Europe it's illegal to share a consumer's details with a third party.  @Helen744 

[Helen744]

Helen , I always ask for ids and its always in the 'house rules'. I simply mean to 'tell the guest' that we and Airbnb do not share details like this in an endeavour to explain why a 'doubling up ' of Id sharing becomes necessary , many people having the belief that hosts and Airbnb are one and the same thing..It is as well to remind people that Airbnb takes their money , not the host and that the host in most cases ,where refunds are asked for , has not actually received their money yet.... H

[Paula-And-David1]

What I don´t understand is that in Spain it is the law to inform the Guardia Civil and if you don´t you face a fine of up to 30.000,00€.

I asked AirBnB why they don´t at least put a note so that guests know that all Hosts in Spain should  be asking for details to enter directly into the Guardia Civil´s website and it is for statutory legal purposes.  That way those Hosts who are happy to be caught can ignore the requirement, and those that want to trade legally can do so without being made to be periahs!! And of course a guest can choose if they want to stay or not.

What did AirBnB respond to me?....

¨We advise guests not to give details.¨

They are not helping me, they are actually obstructing me!

And they are actually implying that all hosts should break the law and just face the fines if they get caught.

This isn´t a matter of principal or political ideology, this is the law of the land that I am living in and I have to comply - and so should all my guests and competitors!!!

[Helen3]

Complying with local legislation such as visitor ID is nothing to do with a third party listing provider such as Airbnb. It is up to the police/your government to enforce. And it's up to you as the business owner to comply @Paula-And-David1  

Do you make it clear upfront in your listing that this is a requirement for your country to manage guest expectations

[Sudsrung0]

@Paula-And-David1 

We have similar laws here in Thailand and I have to take the guest details and copy of passport and submit it to a immigration web site, when it it's working, 

It only comes into play when the guest wants to extend their stay and renew their visa, we never have a problem with the guest and we do have our own contract which the guest sign on arrival and passport details.

We only ever had one woman who was refusing to show us her passport that was at 10-30 at night outside our villa, if dont show me then you dont get in the villa, Upto you thats the law in Thailand,