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What does the entry into force of Royal Decree 933/2021 regarding the registration of travelers mean?

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registration of travelers

What does the entry into force of Royal Decree 933/2021 regarding the registration of travelers mean?

Royal Decree 933/2021, a milestone in the regulation of the accommodation and car rental sector in Spain, came into force on December 2, 2024. This regulation, by establishing documentary registration and information obligations, seeks to strengthen citizen security and facilitate the investigation in case of incidents. In this article, we will analyze in depth the scope of this royal decree, delving into its implications for different actors and offering practical recommendations.

Documentary register: beyond the guest book

This register, which replaces the traditional guest book, must contain a detailed record of each guest or tenant, including personal data and information about the stay.

The digitalization of this process brings multiple benefits. On the one hand, it significantly speeds up the process by allowing immediate access to the information of each client. On the other hand, it guarantees greater data security, reducing the risk of loss or deterioration. It also facilitates integration with other management systems, such as reservations or accounting, optimizing internal processes.

Although the regulations do not impose a specific format for this record, they do establish certain essential requirements. The computer system used must be able to record all mandatory data, retain it for a minimum of three years and guarantee secure access to the competent authorities when necessary. This flexibility in format, however, must not compromise the quality and integrity of the information collected.

Who is affected?

The scope of application of Royal Decree 933/2021 is very broad, ranging from large hotel chains to individuals who occasionally rent a room. Some of the main players affected are:

  1. Tourist accommodations: hotels, hostels, tourist apartments, campsites, etc.
  2. Digital platforms: Airbnb, Booking, etc.
  3. Vehicle rental companies: Rent a car, carsharing companies, etc.
  4. Individuals: those who rent rooms or vehicles through digital platforms or directly.

 

It is important to note that the regulations do not distinguish between professional and non-professional activities, so even occasional rentals are subject to these obligations.

Data requested

The documentary record must include a series of personal data of the guests or lessees, in order to facilitate their identification in case of need. Among the mandatory data are:

  1. Identifying data: full name, identity document, date and place of birth, nationality.
  2. Contact information: address, telephone, e-mail.
  3. Details of the stay: date of arrival and departure, number of persons, type of accommodation.
  4. Vehicle data (in case of rental): license plate, make, model.

 

Digital vacation rental and vehicle rental platforms must adapt their systems to comply with the new obligations. In this sense, they must develop specific tools and functionalities to facilitate compliance with the regulations by the users of these platforms. 

It is important to take into consideration the processing of guests’ personal data, which must always be carried out in compliance with data protection regulations, and data controllers must adopt the necessary technical and organizational measures to guarantee the security of the data and prevent unauthorized access. 

Failure to comply with the obligations set forth in Royal Decree 933/2021 may result in administrative sanctions of various kinds, ranging from financial fines to temporary or permanent closure of the establishment.

From Letslaw we recommend adopting several measures to comply with the new obligations established by Royal Decree 933/2021, the following:

  1. Digitize the documentary record: implement a computer system to record and securely store all required information. 
  2. Train personnel: train personnel on new procedures and the importance of compliance with regulations. 
  3. Review contracts: adapt contracts with guests and tenants to new legal requirements. 
  4. Keeping informed: keeping abreast of new legislation and case law on lodging and car rental.

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