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Copyright © 2019, World Tourism Organization ( UNWTO )

New Business Models in the Accommodation Industry –


Benchmarking of Rules and Regulations in the Short-term Rental Market,
Executive Summary

ISBN (printed version): 978-92-844-2118-3


ISBN (electronic version): 978-92-844-2119-0
DOI: 10.18111/9789284421190

ISBN (full printed version): 978-92-844-2107-7


ISBN (full electronic version): 978-92-844-2108-4
DOI: 10.18111/9789284421084
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Published by the World Tourism Organization ( UNWTO ), Madrid, Spain.


First printing: 2019
All rights reserved. Printed in Spain.

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Citation : World Tourism Organization ( 2019 ), New Business Models in the Accommodation
Industry – Benchmarking of Rules and Regulations in the Short-term Rental Market,
Executive Summary, UNWTO, Madrid,
DOI: https://doi.org/10.18111/9789284421190.

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Acknowledgments

This project was carried out by the Tourism Market –– Chile: Servicio Nacional de Turismo – Chile
Intelligence and Competitiveness Department of the –– Costa Rica: Costa Rica Tourism Board
World Tourism Organization (UNWTO). The information –– Czech Republic: Ministry of Regional Development
included in this report was revised and edited by –– France (Paris): Paris City Hall, Directorate of
Ms. Sandra Carvão, Chief, Tourism Market Intelligence Attractiveness and Employment
and Competitiveness, together with Ms. Bernadett –– Germany (Berlin): Federal Ministry for Economic
Papp, Ms. Diana Oliveira and Ms. Hee-Jin Cho under Affairs and Energy of Germany and Senatsverwaltung
the supervision of Mr. Manuel Butler Halter, UNWTO für Stadtentwicklung und Wohnen in Berlin
Executive Director. –– Greece: Ministry of Tourism of Greece and the
Independent Authority for Public Revenue
UNWTO would like to express its appreciation to the –– Japan: Japan Tourism Agency (JTA), Ministry of Land,
Secretariat of Tourism of Mexico for its kind support to Infrastructure, Transport and Tourism of Japan
the project. Furthermore, the report would have not been –– The Netherlands (Amsterdam): City of Amsterdam
possible without the invaluable contribution of UNWTO –– Mexico: Secretariat of Tourism of Mexico (SECTUR)
Member States and destination representatives of the –– Portugal: Turismo de Portugal
contributing organizations. UNWTO wishes to express its –– Republic of Korea: Ministry of Culture, Sports and
outmost appreciation to the following contributors: Tourism of the Republic of Korea and Korea Tourism
Organization (KTO)
– – Austria (Vienna): Federal Ministry for Sustainability –– Slovakia: Tourism Section, Ministry of Transport and
and Tourism of Austria and Vienna City Administration Construction of the Slovak Republic
– – Barbados: Ministry of Tourism and International –– Spain (Catalonia, Barcelona): Tourism Department –
Transport of Barbados and Barbados Tourism Barcelona City Council
Product Authority –– United Arab Emirates (Dubai): Department of Tourism
– – Belgium (Flanders): Toerisme Vlaandered – Visit and Commerce Marketing of Dubai
Flanders –– United Kingdom (England, London): London &
– – Bosnia and Herzegovina: Federal Ministry of Partners
Environment and Tourism of Bosnia and Herzegovina

New Business Models in the Accommodation Industry – Executive Summary


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Foreword by the
World Tourism Organization

Digitalization, new technology, the 2008 global economic This UNWTO report on rules and regulations for the
crisis and changing travellers’ behaviour and preferences: short-term rental market provides the first systematic
All of these have had a profound effect on the global overview of how governments at national, regional and
tourism sector over recent years. In particular, they have local level are addressing new business models in the
led to the rise of the so-called “sharing economy”, with accommodation industry, drawing on 21 case studies
new digital platforms and business models emerging in from around the world.
almost every part of the tourism sector.
We trust the information provided will be useful to
However, these changes have been particularly evident destinations looking to better understand or address
in the accommodation industry. With the emergence of the regulatory framework of new business models in the
new online platforms for short-term rentals, the market accommodation industry.
has been growing at an unprecedented rate. According
to projections, it will continue to outperform the growth I would like to thank the Secretariat of Tourism of Mexico
of traditional accommodation providers in the coming for their kind support for this project, as well as all
years. those who contributed their case studies for use in this
pioneering report.
The exponential growth of new business models in
the accommodation industry, led by the expansion Zurab Pololikashvili
of platforms such as Airbnb or HomeAway and more Secretary-General
recently the inclusion of short-term rentals on platforms
such as Booking.com, has raised a number of questions
related to fair competition, consumer protection, safety
and security and the impact that such holiday rentals can
have on destinations.

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Foreword by the
Secretariat of Tourism of Mexico

Destinations are reinventing themselves under the Thus, the study presented hereunder by UNWTO
paradigm of technological innovation. Digital platforms represents an opportunity to strengthen initiatives and
constitute singular ecosystems that enhance interactions strategies aimed at supporting government efforts
and extended behaviours. Not only do they enable the to shape regulatory frameworks that approach and
development of direct relations, they generate robust anticipate the impact of emerging technology whilst
multilateral markets. However, the immersion and ensuring an innovative environment, within which will be
adoption of digital ecosystems does not occur in a undoubtedly created the future and new scenarios for the
uniform manner for businesses, governments and local development of tourism.
communities.
Miguel Torruco Marqués
The comparative analysis of the corresponding regulatory Secretary of Tourism, Mexico
frameworks of the Member States contributes with
valuable inputs to reflect about the challenges posed by
the digital economy, such as planning the future of work,
understanding and adaptability to deal with potentially
destabilizing events, pressure for short-term gains and
limited resources.

New Business Models in the Accommodation Industry – Executive Summary


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Executive summary

Several factors explain the rise and growth of the so- The analysis of the case studies included in the report
called “sharing economy” in the tourism sector in the reveals that most of the measures implemented refer
past years, including the 2010 global economic crisis, to ‘fair competition’ and ‘consumer protection’ while
digitalization and new trends in travellers’ behaviour and measures on the field of ‘planning and sustainability’
preferences. The practise of sharing goods and services are somewhat lagging behind. In terms of governance,
amongst members of a community is not an entirely new the examples studied show that there is a wide diversity
phenomena, however the appearance of digital platforms, in terms of the scope of application with regulations
powered by the latest technologies, has provided a new existing at national, state, regional or local level or
global dimension and led to the emergence of new a combination of these. One of the key challenges
business models in different areas. identified in the analysis is the enforcement of these
rules and regulations. Implementation is often hindered
In the tourism sector, this has been particularly relevant in by lack of capacity, clear division of responsibilities and
the accommodation industry. With the emergence of new cooperation between the different responsible entities.
online platforms for short-term rentals, the market has
been growing at an unprecedented rate and according To create a regulatory environment that allows
to projections it will continue to outperform the growth communities to benefit from the opportunities offered by
of traditional accommodation providers in the coming digital platforms while tackling issues of fair competition,
years. safety and security, consumer and workers protection, as
well as sustainable destination planning and management
Building upon UNWTO’s 2017 report New Platform it is clear that it is imperative for stakeholders to
Tourism Services (or the so-called Sharing Economy) – strengthen their cooperation.
Understand, Rethink and Adapt,1 this report provides an
analysis and examples from 21 case studies on the rules Below is a summary of the typology of rules and
and regulations applied to the short-term rental market regulations per case study and area.
focusing on three areas:
1. Fair competition;
2. Consumer protection; and
3. Planning and sustainability.
1 World Tourism Organization (2017), New Platform Tourism Ser vices
(or the so-called Sharing Economy) – Understand, Rethink and
Adapt, UNW TO, Madrid,
DOI: https://doi.org/10.18111/9789284419081.

6 New Business Models in the Accommodation Industry – Executive Summary


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Fair competition Consumer protection Planning and


sustainability

191122_Benchmarking_executive summary_jc.indd 7
Country

Registration /
permit / licence
Rental period limit
Restrictions: primary /
secondary /
commercial residence
Rules established by
tenant associations
Categorization:
types of rentals
Taxes
Rental contract rules
Safety and
health regulations
Rental requirements
Insurance
Complaint
mechanisms
Reporting requirements
(number of guests, arrival
and departure dates etc.)
Number of rentals per
building / neighbourhood
Special requirements

Austria (Vienna) • • • • • • • • •
Barbados • • • • • • •
Belgium (Flanders) • • • • • • • • • • •
Bosnia and Herzegovina • • • • • • • •
Chile • • • • • • •
Costa Rica • • • • • • •
Czech Republic • • • • • • • • •
France (Paris) • • • • • • • • • • •
Germany (Berlin) • • • • • •
Greece • • • • • • • • •
Italy (Veneto region) • • • • • • • •
Japan • • • • • • • • • • • • •
Mexico • • • •
Netherlands (Amsterdam) • • • • • • • • • • • • •
Portugal • • • • • • • • • •
Republic of Korea • • • • • •
Slovakia • • • • • • • • •
Spain (Barcelona)

New Business Models in the Accommodation Industry – Executive Summary


• • • • • • • • • •
United Arab Emirates (Dubai) • • • • • • • • • • •
United Kingdom (London) • • • • • • •

7
United States of America
(New York City) • • • • • • • • • •

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Key Findings

Introduction which products or services are offered to visitors through


digital platforms” and identified five main fields of activity:
The concept of the so-called “sharing-economy” has 1. Information;
been continuously evolving for the past decade. The 2. Accommodation;
modern interpretation of the term was developed 3. Transport;
following the appearance of the leading digital platforms 4. Food; and
in the accommodation and transportation sectors.1 In line 5. Other tourism activities.
with the key societal and technological trends, these new
platform services have gained significant ground in the These products or services can be offered by private
past years. Forecasts indicate that global revenues from individuals or by commercial entities and distributed
the key sectors of the sharing economy (online staffing, (intermediate) via digital platforms that match demand
peer-to-peer (P2P) accommodation, car sharing, and supply.4
P2P finance, video / music streaming) will grow from
USD 15 billion (2014) to USD 335 billion by 2025. 2 Amongst the aforementioned fields of activity, short-term
home rental is one of the fastest growing new business
Tourism is one of the fastest growing and most important models. With the help of new technologies, the traditional
economic sectors in the world. In 2018 and for the eight- cost of doing business has decreased significantly,
consecutive year, the sector has seen uninterrupted allowing these to grow at an unprecedented pace.5 The
growth in international tourist arrivals and exports rapid expansion of the short-term rental platforms can
from tourism.3 Alongside tourism’s growth, the sector also be related to societal changes. Millennials are said to
has also experienced disruptive change as a result of be the leading generation active on these platforms due to
developments in technology, digitalization and consumer their familiarity with the latest technological innovations,
behaviour. shifting value system from materialism to experientialism
and their willingness to share with others.6
In the past years, the growth of tourism has been closely
interlinked with the rapid development of so called “peer- The emergence of the new platform tourism services
to-peer” (P2P) services. In 2017, the UNWTO report New however, has not come without a contentious debate
Platform Tourism Services (or the so-called Sharing over its impacts. Some of the major issues that emerged
Economy) – Understand, Rethink and Adapt, defined include ‘touristification’, gentrification, changing city-
new platform tourism services as “business models in scape, nuisances caused by tourists and increasing

8 New Business Models in the Accommodation Industry – Executive Summary


New platform tourism services
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Private tourism services Digital platforms Consumers

Suppliers Intermediaries Visitors

Source: World Tourism Organization (2017), New Platform Tourism Services (or the so-called Sharing Economy) – Understand, Rethink and Adapt, p. 16.

real estate prices.7 Further to the societal impacts, Key Findings


new business models are said to create a policy
disruption.8 Legal questions have been raised in terms The online platform economy is not new or unique – the
of taxation, employment and labour laws, safety and model has been in use since the 1990s –, however, it
health regulations, insurance, anti-discrimination law and was applied mainly to the sale of goods. The emergence
consumer protection, amongst others.9 of digital platforms offering tourism services has brought
about a range of new challenges that the sector did not
In order to tackle the issues mentioned above, have to face before.10 The provision of services is more
governments across the world have been revising their complex than the provision of goods, due to their unique
regulations to adapt to this new reality. Building upon the characteristics such as intangibility, heterogeneity,
previous UNWTO report New Platform Tourism Services, inseparability and perishability.11 This complexity means
this report aims to provide examples of the different rules that the importance of security and trust is somewhat
and regulations applied to the short-term rental market higher and is more sought after.12
in three areas:
1. Fair competition; Besides security and safety concerns, the emergence of
2. Consumer protection; and digital platforms, such as the short-term accommodation
3. Planning and sustainability. rental platforms, has led to a contentious debate in terms
of their impact on the social, economic and physical
Under these categories, a total of 14 typology of environment of destinations and its competitive position
measures were defined. The destinations were asked to within the accommodation industry. In practical terms,
indicate, based on this structure, whether a measure was in many cases the new business models do not fit the
currently in effect, the related control and enforcement existing regulatory framework and there is a considerable
mechanisms, fines and penalties applied, and specify grey area between private and commercial providers. This
the responsible entities. grey zone causes most disputes in existing regulatory
regimes and lead to concerns of unfair competition.13

Based on the 21 case studies, a cross case analysis has


been carried out to provide an overview on the type of
measures being implemented. It is important to mention
that only measures applied on a compulsory basis
were taken into consideration and voluntary actions
were excluded from the analysis. Rules and regulations

New Business Models in the Accommodation Industry – Executive Summary


9
that may be in effect only in specific states / regions / Frequency of typology of rules and regulations
cities were also taken into consideration as much of the across case studies
regulation is originating from local authorities.
Typology Frequency
As described in the below table, the most common (%)
typology of measures refers to: Fair competition

– – Taxation (95% of the cases): ensuring that taxes are 1. FCOMP1 Permit requirements 81

collected and remitted to the authorities is seen as a 2. FCOMP2 Rental period limit 38
priority and one of the basic pillars of fair competition;
3. FCOMP3 1st and 2nd residence restrictions 52
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– – Categorization of rentals (95%): e.g., renting part 4. FCOMP4 Rules by tenant associations 38
of the house, a private room or the entire house - in
5. FCOMP5 Types of rentals 95
some cases renting a property is only possible if it is
shared with the permanent resident who is present at 6. FCOMP6 Taxes 95
the time of rental;
7. FCOMP7 Rental contract rules 76

– – Consumer protection (91%): requirements Consumer protection


concerning health and safety are in place in almost 8. CONPRO1 Safety and health regulations 91
all the cases. These include obligations concerning
basic hygiene and safety standards as well as fire 9. CONPRO2 Rental requirements 71

protection; 10. CONPRO3 Insurance 24

11. CONPRO4 Complaint mechanisms 76


– – Permits and registration (81%): registration with the
local authorities, obtaining a license, a registration 12. CONPRO5 Reporting requirements 62
number or a permit is required to ensure the efficient
Planning and sustainability
monitoring and regulation of operations. Having a
registration system in place is often seen as the 13. PLANSUS1 Rental restrictions 33
first step for control and enforcement as it provides
14. PLANSUS2 Special requirements 24
the authorities with the necessary information on
available supply;

– – Contract rules (76%): the written consent of the Looking at the data from a country / destination
owner in case the tenant wants to sub-let the property perspective, cities such as Paris, Amsterdam, Barcelona
as a short-term vacation rental is frequently required. and New York are among the more active. However, in
Subletting without the owner’s permission may have this group we can also find countries like Japan, with
significant consequences such as losing the right to 13 out of the 14 listed measures. The United Arab Emirates
live in the property; (Dubai) and Belgium (Flanders) are also amongst those
who have created a wide range of rules and regulations.
– – Complaint mechanisms (76%); and Berlin and London have a lower range of measures in
place.
– – Rental requirements (71%): rental requirements
relate to factors such as the general condition, size,
furnishing, ventilation, etc. of the property.

Hence, most prevalent rules and regulations focus on


the competitive environment and consumer protection.
On the other hand, measures linked to ‘planning and
sustainability’ (zoning, limitations on the number of units
per building / neighbourhood etc.) are amongst the least
common in the cases studied.

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1 Mar tin, C. J. (2016), ‘The sharing economy: A pathway to


sustainability or a nightmarish form of neoliberal capitalism?’,
Ecological Economics, volume 121, Elsevier, pp. 149 –159 (online),
available at: w w w.journals.elsevier.com/ecological-economics
(09-07-2019).
2 Carson, G. (15 August 2014), ‘Five key sharing economy
sectors could generate £9 billion of UK revenues by 2025’,
PricewaterhouseCoopers (online), available at:
https://pwc.blogs.com (22-03-2019).
3 World Tourism Organization (2019), UNW TO World Tourism
Barometer, volume 17(2), May 2019, UNW TO, Madrid,
DOI: https://doi.org/10.18111/w tobarometereng.
4 Apate, U. M. and Davis, M. M. (2019), ‘Sharing Economy Ser vices:
Business Model Generation’, California Management Review,
volume 61(2), pp. 104–131.
5 Ibid.
6 Bernardi, M. (2018), ‘Millennials, sharing economy and tourism: the
case of Seoul’, Journal of Tourism Futures, volume 4(1),
pp. 43–56.
7 Peeters, P. et al. (2015), Tourism and the sharing economy:
challenges and oppor tunities for the EU, European Parliament,
Brussels.
8 Biber, E.; Light, S. E.; Ruhl, J. B. and Salzman, J. E. (12 April
2017), ‘Regulating Business Innovation as Policy Disruption: From
the Model T to Airbnb’, Vanderbilt Law Review, volume u70:5:nnn,
Vanderbilt Law Research Paper, number 17–24; UCL A School of
Law, Public Law Research Paper, number 17-18, pp. 1561–1626
(online), available at SSRN: https://ssrn.com/abstract=2951919
(22-03-2019).
9 Light, S. E. (3 October 2017), ‘The Role of the Federal Government
in Regulating the Sharing Economy’, in: Davidson, N.: Finck, M. and
Infranca, J. (eds.), Cambridge Handbook on the Law of the Sharing
Economy, Cambridge University Press (online), available at: SSRN:
https://ssrn.com/abstract=3047322 (22-03-2019).
10 Makela, F.; McKee, D. and Scassa, T. (2018), ‘Introduction:
The “Sharing Economy” through the Lens of Law’, in: Tremblay-
Huet, S. (author) and McKee, D.; Makela, F. and Scassa, T. (eds.),
Law and the “Sharing Economy” – Regulating Online Market
Platforms, University of Ottawa Press, pp. 1–14,
DOI: 10.2307/j.ctv5vdczv.13 (online), available at:
w w w.jstor.org/stable/j.ctv5vdczv.4 (17-05-2019).
11 Kotler, P.; Armstrong, G.; Lloyd, C. H. and Piercy, N. (2017),
Principles of Marketing – 7th European Edition, Pearson Education Inc.
12 Makela, F.; McKee, D. and Scassa, T. (2018).

13 Ibid.

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