The Traveler Registration: Obligations and Data to Collect

On 2 December 2024, Royal Decree 933/2021, of 26 October, will come into force, which establishes the documentary registration and information obligations for natural or legal persons who carry out accommodation and motor vehicle rental activities. Originally, this regulation was scheduled to come into force on January 2, 2023; however, it has been decided to extend the deadline on several occasions.

The Royal Decree establishes the obligation to implement a documentary and informative register that will be detailed below, applicable to natural or legal persons who carry out, professionally or not, accommodation activities or rental of motor vehicles without a driver in the national territory.

Anyone over 14 years of age must sign the entry form while the data of the minors will be provided by the person of legal age who accompanies them.

The reports must be provided by the operator of the service, i.e. it must also be responsible for the accuracy of the data contained therein. The Ministry of the Interior has enabled the SES platform in its Electronic Office. ACCOMMODATIONS in order to facilitate the fulfillment of the obligations of the traveler registry. To access this platform, it is necessary to first proceed with the registration.

Before the start of the activity, the obliged entities must communicate the data to the competent authorities and if they are subsequently modified, they must be communicated again. Communication must be immediate and, in any case, no later than 24 hours from the moment the reservation is made or the formalization of the contract, its cancellation or the start of the contracted services. These communications are made by telematic procedures.

The data collected for those who practice hosting professionally are:

FIRST. DETAILS OF THE LEASING COMPANY:

1. Name or company name of the owner.
2. CIF or NIF.
3. Municipality.
4. Province.
5. Landline and/or mobile phone.
6. Email address.
7. Company website.
8. Link to identify the ad.

SECOND. PROPERTY DETAILS:

1. Type of establishment.
2. Denomination.
3. Full address.
4. Zip code.
5. Locality and province.

THIRD. TRAVELER DATA:

1. Name.
2. First surname.
3. Second surname.
4. Sex.
5. Identity document number.
6. Document support number.
7. Type of document (DNI, passport, TIE).
8. Nationality
9. Date of birth.
10. Place of habitual residence: full address, locality and country.
11. Landline.
12. Mobile phone.
13. Email.
14. Number of passengers.
15. Relationship of kinship between travellers (in the event that one is a minor).

ROOM. TRANSACTION DETAILS:

1. Contract data: reference number, date and signatures.
2. Data of the execution of the contract: date and time of entry as well as date and time of departure.
3. Property details: full address, number of rooms, internet connection (yes/no).
4. Payment details: type (cash, credit card, payment platform, transfer…); identification of the means of payment: type of card and number, IBAN bank account, mobile payment solution, others; owner of the means of payment; card expiry date; date of payment.

The data required in the case of non-professional practice and in the case of vehicle rental activity are more or less the same as for professionals, although they vary slightly and can be consulted in the ANNEXES to the Royal Decree.

The data in the computer registry must be kept for a period of three years from the end of the contracted service or benefit, this obligation being exempted only for those who carry out hosting activities in a non-professional way, who must only communicate the data and then delete them.

The data generated is stored depending on the activity, in two files at the Secretary of State for Security and the processing will only be carried out by the Security Forces and Corps. The processing will be carried out in accordance with Organic Law 7/2021, of 26 May, on the protection of personal data processed for the purposes of prevention, detection, investigation and prosecution of criminal offences and the execution of criminal sanctions.

The lack of such registration and the omission of mandatory communications will be considered serious infringements, and minor infringements will be considered irregularities and deficiencies in the registration and the making of communications after the deadline.

With the entry into force of the Royal Decree, the traveller register becomes an essential part of the accommodation and car rental business. Those operating in this sector will need to put in place a system that will not only help them comply with the law, but will also be a key tool in the fight against organised crime and terrorism.