Jurídicos y Administrativos

💳 Spanish travel agencies are challenging the government's decree 933/2021, effective December 2, requiring extensive data collection on travelers. ACAVE, Fetave, and UNAV plan an informational campaign, revealing that hotels must register 43 customer data points, Airbnb 41, and rent-a-cars about 40—up from 14 previously required. Minister Marlaska confirms no further delays, while CEAV announces a potential ministerial order for legal certainty, albeit not before the law's implementation.

📊 The Spanish tourism sector's implementation of the RD 933/2021 data registry has been delayed until December 2, amid widespread opposition and requests for exemption. Originally notified to the European Commission on February 21, 2020, and published on October 26, 2021, the regulation has faced two postponements. Legal experts like José Antonio Fernández Alarcón from Monlex argue the registry should never be activated due to European law non-compliance and administrative burdens. The industry failed to sufficiently assess the impact during the pandemic revival period and the window for challenging the decree has closed. The Ministry of Interior has repeatedly deferred but not withdrawn the controversial registry, which requires travelers to provide over 40 personal data points. European tourism industry representatives also criticize the regulation. Meanwhile, no consensus has been reached to exempt the sector, as recent negotiations between industry federations and the Interior Ministry have been fruitless.

📌 Key facts from Spain's controversial royal decree 933/21, which mandates hotels, travel agencies, and car rental companies to gather extensive customer data, have sparked concern in the UK, labeled as "Big Brother" by British media. The legislation, postponed until December 2, increases data requirements from 14 to 43 items, including IDs, payment methods, and addresses. The information, to be stored by the Ministry of the Interior, aims to aid in preventing serious crimes and terrorism. The tourism sector opposes the measure due to its impracticality and workload, with requests for exemptions.

🚨 The Peruvian government declared a state of emergency in 14 districts of Lima and Callao for 60 days due to a strike by 60 public transport companies protesting violence and extortion by gangs that have taken control, causing deaths and serious injuries. European countries have advised citizens to take extreme precautions. Peru's tourism has faced challenges since 2020, including the COVID pandemic, political rebellions post-Pedro Castillo's government, especially in Cuzco, and various diseases alarming tourists.

💰 Spain's Ministry of Interior delayed the implementation of Real Decreto 933/2021, the new data registry, to December 2nd, due to travel agencies' demand for exemption. This regulation requires agencies to collect over 30 personal data fields from clients, potentially slowing down reservations and increasing perceived privacy intrusion. Accommodation bookings now need 42 data points, while vehicle rentals require 65, rising to 83 with a second driver. Changes in bookings must be reported within 24 hours. Agencies fear this will overwhelm their operations and compromise travelers' privacy.

✈️ Air Europa was granted a rescue package divided into payments of €240 million, €100 million, and €135 million after approval by the Council of Ministers. On July 30, the State Society for Industrial Participations (SEPI) delivered a 25-page report detailing the bailout, including additional documents in 12 folders, to the judiciary, encrypted due to confidentiality concerns. The handover coincided with President Sánchez's wife, Begoña Gómez, being investigated for possible connections to the rescue, with her prior meetings with Globalia's ex-CEO Javier Hidalgo and a €40,000 annual contribution from Globalia to África Center, linked to Gómez. The case remains active, with potential expansion to include embezzlement and misappropriation charges.

🛈 Confederación Española de Agencias de Viajes (CEAV) opposes the traveler registration set to take effect on December 2. The opposition was expressed during the Jornadas Técnicas 2024 in Morocco, from October 2-5, with CEAV executives José Manuel Lastra and Mercedes Tejero present. CEAV, part of the Comisión de Turismo de la CEOE, is scheduled to meet with the Ministry of Interior. The organization seeks to exempt agencies from the decree, which is seen as creating security risks and potential legal uncertainty. The decree, Real Decreto 933/2021, is criticized for requiring excessive data, worried to deter key markets like the UK. CEAV urges for clear guidelines and a written statement of requirements. The annual meeting also highlights a partnership with Morocco's Tourism Office, aiming to increase Spanish tourists from 3 to 4 million.

✈ Willie Walsh, director general of IATA, criticized the European Union's policies, claiming they undercut the competitiveness of the continent's aviation due to environmental policies. The airline association emphasizes that European carriers compete in a global market and are disadvantaged by unique policies not applied to non-European airlines, making their rivals more cost-efficient and competitive. IATA notes signs of the European Commission understanding that unilateral policies erode competitiveness, as travelers can choose alternative airlines. The Draghi report is seen as introducing common sense by highlighting aviation's role in facilitating prosperity across other economic sectors.

🏖️ In Baleares, business leaders fear Yolanda Díaz's plan to reduce the workweek from 40 to 37.5 hours, worrying about the impact on the tourism-dependent region. Juan Miguel Ferrer of CAEB Restauración predicts a sector collapse due to higher operational costs, especially with current narrow profit margins due to inflation and rising food prices. Transportation sector, with existing driver shortages, could worsen under the change, according to FEBT president Rafael Roig. CAEB's Carmen Planas criticizes the proposal's lack of prior viability studies, while unions like UGT and CCOO support the initiative for worker wellbeing and productivity. The debate continues, affecting Baleares' tourism future.

✈️ In Spring 2022, the Spanish Supreme Court confirmed the illegality of an indefinite partial strike at Ryanair's La Rinconada, Sevilla maintenance hangar. The strike occurred from March 21 to April 21, 2022. It was deemed illegal primarily because the required legal notice was not given. Spanish International Aircraft Maintenance initiated legal action leading to this outcome. The CCOO union's appeal, which relied on an unofficial communication, was rejected as it lacked formal pre-strike notification.