Tourist flat owner in Malaga reported for banning guests under 35 from booking and staying

The Spanish consumers' organisation, Facua, has reported the tourist apartment Exclusive Plaza Constitución Málaga Center to the general directorate for tourism of Andalucía's regional government for preventing people under 35 years of age from booking it and checking in.

The association has verified that, as indicated in the flat's Booking.com profile, one of the "house rules" is that only people of or over the age of 35 can check in and access the accommodation.

Facua has reminded that check-in is an obligatory step that all users must do to fulfill the final requirement of the booking, whether it is a hotel, a hostel or a tourist flat. "The fact that Exclusive Plaza Constitución Málaga Center imposes a minimum age over the age of majority makes no sense whatsoever, as it discriminates against people between the ages of 18 and 34," said Facua.

As the organisation has pointed out, there are further restrictions in the 'important information about the accommodation' section of the flat's profile, where a note states: "Do not confirm your reservation if any of the guests are under 35 years old." "In other words, the rules not only prevent young people from booking, but they also prohibit minors and people between 18 and 34 years of age from staying," said Facua.

Article 36 of the 13/2011 Andalusian tourism law from 23 December states that "tourist establishments are classified as public, and access to them cannot be restricted for reasons of race, sex, religion, opinion or any other personal or social circumstance that entails discrimination".

Furthermore, article 72 of the same decree qualifies the restriction of access or unjustified expulsion from a tourist establishment "when it is carried out for reasons of race, sex, religion, opinion or any other personal or social circumstance that entails discrimination" as a "very serious infringement". Sanctions for such an infringement range from 18,001 to 150,000 euros.

According to Facua, "Article 12 of the Spanish Constitution states that Spaniards are of legal age at the age of eighteen." "Furthermore, article 246 of the civil code makes it clear that individuals of legal age can perform all acts of civil life, except for special cases specifically established by the code. Therefore, there is no basis for such a restriction on individuals between the ages of 18 and 34," said the consumers' organisation.

Facua has therefore asked the Junta to open a disciplinary case against Exclusive Plaza Constitución Málaga Center, citing a possible violation of potential guests' rights as the reason.