What is the exact position about apartments in 2018

[Miller]

Originally Posted by Gommar Goffer

They are clearly not great at maths. They ahve obviously based their 25% reduction on the figures of 500,000 and 2,000,000!

Were you using your typing finger when checking my calculations?

[Gommar Goffer]

Originally Posted by Miller

Were you using your typing finger when checking my calculations?

That's the problem - I don't have a "typing finger"!!

[mike_dublin]

https://www.majorcadailybulletin.com...eme-court.html

The Superior Court of Justice of the Balearic Islands, or TSJB has ruled in favour of Airbnb and annulled the €300,000 fine imposed by the Government in 2018, for marketing Tourist Apartments not registered with the the Ministry of Innovation, Research & Tourism.

The TSJB argues that the activity of Airbnb is covered by a Community Directive, which clashes with the Regional Regulation of inserting the Ministry of Tourism’s registration number.
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The judgment explains that, as Article 15 of Directive 2000/31/EC of the European Parliament on electronic commerce in the internal market applies, 'screenshots may not serve as proof of charge which would undermine the principle of presumption of innocence or administrative liability. '

The TSJB ruling specifies that Airbnb cannot be forced to carry out a thorough and detailed review of all adverts published on its website.

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The court order also specifies that the Government's sanction would violate the object of the Community Directive "by colliding with EU law and National law,” giving priority to the Community rule over Spanish law.

The TSJB declared the CAIB sanction null and void but the Government says it will appeal the Supreme Court ruling.

see full article on the MDB website

[mike_dublin]

https://www.majorcadailybulletin.com...-breaches.html

On Tuesday, the Balearic parliament is due to confirm the government's decree of coronavirus-related health regulations and the penalties for breaching these regulations.

Holiday rental accommodation is affected by this decree. Licences could be withdrawn for three years if there are breaches. The manager of the Habtur holiday rentals association, Maria Gibert, wants a government rethink, pointing out that owners will be blamed without these owners "having the mechanisms to control clients".

Gibert notes that owners can refuse to rent out accommodation to clients who hold parties but that is unclear if clients themselves would be engaged in an illegal activity. Accordingly, "we believe that the withdrawal of a licence would be of doubtful legality".

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While these parties are an issue, Gibert observes that families constitute the majority of the holiday rental client base and not groups of friends. She adds that occupancy is currently around 70%, with the holiday rental market having picked up in areas where it is strongest, such as Pollensa, Alcudia and Santanyi.

see full article on the MDB website

[mike_dublin]

https://www.majorcadailybulletin.com...balearics.html

he Government has stopped issuing disciplinary proceedings against tourist rental platforms, such as AirBnb, Homelidays and Booking.com for advertising apartments or homes that don’t have a Ministry of Tourism licence.

In a Parliamentary response addressed to PP Deputy Salomé Cabrera, Minister Iago Negueruela acknowledged that his department has decided not to issue sanctions against these platforms "in view of the legal complexity of the disciplinary proceedings.”

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The Government appealed the TSJIB verdict and although there is no firm ruling it decided not to open new disciplinary proceedings.

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see full article on the MDB website