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The Law 8/2012, from 19 July concerning tourism on the Balearic Islands, as amended by Law 6/2017, from 31 July, introduces, amongst other new things, the obligation of persons or commercial entities who provide tourist accommodation, to submit to the Directorate General of the Police or the Guardia Civil, all information relating to the persons who reside in such accommodation, in accordance with the regulations corresponding to the security of citizens.
This is an issue which has led to numerous questions, and which we intend to clarify by means of this briefing.
In fact, the regulation in force imposes on the persons or commercial entities who provide tourist accommodation in dwellings the obligation to obtain all relevant information about the guest who reside in said accommodation. This information shall be collected by means of a handout (record sheet) upon arrival, which must conform to the specimen attached to this note.
In any event, it is only necessary to obtain information on guests who are at least 16 years old.
All persons under such obligation can complete the handouts either by hand or electronically, but the forms must be signed by the travelers.
The following information must be recorded in the Record Sheet:
Once the form is filled out and signed, it has to be stored at the place of business, compiled in record books, in consecutive order. Each record book must consist of a minimum of 100 pages, and a maximum of 500 pages.
The record book must be accessible to the members of the Security and Police Forces with competence in this field at all times, who may examine it upon request.
For this purpose, the record books must be available to the competent Security and Police Forces at all times for the duration of three years from the date of the last record sheet included.
Without prejudice to the aforementioned, the persons or commercial entities of the tourist accommodation must communicate the information contained in the record sheets to the police stations within 24 hours of the arrival of the guest.
It is therefore necessary to be registered with the Police or Guardia Civil, as a person or commercial entity of tourist accommodation, by personally appearing at the police station or the Guardia Civil corresponding to the location where the business is situated. The following documents must be presented:
Once registered at the Police or Guardia Civil, the travelers´ information contained in the record sheets can be transmitted by either one of the following systems:
1.- Direct submittal or Delivery by mail to the appropriate police station, or the Guardia Civil respectively, of two copies of the record sheets, one of which will be withheld by the police and the other one, duly sealed, will be returned to the establishment, as proof of compliance with its obligation.
Delivery of the copies of the record sheets by mail may only be done by those companies situated in a location where there is no local police station.
2.- Transmittal by fax to the police station, or alternatively, to the appropriate station of the Guardia Civil, of the information contained in the record sheets or a list of said information, only if the corresponding station is equipped with means to receive transmittal by fax and have the necessary functional capacity.
Once the information has been received, the police station or the station of the Guardia Civil will certify that the information of the establishment in question has been received by sending a proof of receipt by fax and by sending a duly sealed copy by mail.
3.- Direct delivery to the respective premises of the police station of a device enabled for data-processing which contains the necessary information, if the corresponding station is equipped with the necessary means to receive and process the information in computerized form.
The police station will provide the establishment which provided the information with a supporting document which verifies that the information has been received in computerized form and the device will be returned to said establishment.
4.- File transmission via internet to the Data Processing Center of the Dictorate General of the Police or the Guardia Civil. The recipient shall facilitate recipt by the same means.
The relevant websites are as follows:
The communication system of choice of the person or commercial entity shall be communicated to the Police or Guardia Civil when registering at the relevant station.
In any event, usage of either communication system does not exempt from the obligation to keep the appropriate record sheets, signed by the guest, and to maintain the corresponding record books.