Airbnb reported this Wednesday that will appeal the Consumer decisionwhich has opened a disciplinary file against him after asking him to “imminently” remove thousands of advertisements with “illegal” accommodation advertising. The platform “deeply disagrees” with this ruling.
An Airbnb spokesperson has said that They are not hosting service providersbut rather internet services, so the digital services law must be applied to them. In addition, he added that the information in the advertisements is the responsibility of the provider of the final tourist service and not of the platform where it is advertised.
As he explained, they always ask tenants, “hosts”, to confirm that they have the necessary permits and comply with local regulations before advertising on the platform. Therefore, they consider that the Ministry of Consumer Affairs “has evaded legal processes” and has provided a listing of advertisements using an “indiscriminate” methodology.
The Ministry, they have denounced, “not only exceeds its limits, since it not competent to enforce regulations regarding tourist accommodation, but has also deliberately ignored the resolutions of the Supreme Court of Spain and the Court of Justice of the European Union”.
According to the platform, these resolutions “have made it clear” that Not all listings on Airbnb require a license number and that it is not a hosting service provider, but an internet service provider, so different rules apply “which Airbnb fully complies with.” They explain that it is a platform subject to the Digital Services Law, which has no supervision obligations.
In its interpretation, in December 2019, the Court of Justice of the European Union ruled that Airbnb should be regulated as an information society service and not as a real estate agent; and determined that it does not provide the final hosting service. They also recalled that, in January 2022, the Supreme Court ruled that the information in the advertisements, including the registration number, It is the responsibility of the provider of the final tourist service and not the platform.
This court also ruled that Airbnb is a “neutral intermediary” of information society services and should not be considered a real estate provider nor a tourist service provider, so the Electronic Commerce Directive applies to it, in the opinion of the platform.
Finally, he states that he not only advertises tourist homes, but also other types of accommodation that are not subject to the same obligations than short-term rentals. The Ministry of Consumer Affairs reported this Wednesday of the opening of the sanctioning file, although it has not identified the company. However, industry sources have confirmed that the required platform is Airbnb.
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