Draft Andorran tourism law authorises fines and closures to protect sector and environment

The draft tourism law, already processed by the General Council, establishes a range of sanctions from an admonition to the temporary or permanent closure of an establishment. The text, drawn up under the guidance of UNWTO, contains 83 articles plus additional and final provisions and is built around governance, training, digitalisation and sustainability.

According to the accompanying economic report, the new regulatory framework will require the addition of two inspectors within four years to strengthen tourism oversight and enforcement. The law also foresees tools to declare places of tourist interest and to designate saturated areas, enabling controls on access flows.

Sanctions are classified as minor, serious or very serious, and up to six types of measures may be applied: admonition; fines; downgrading an establishment’s category; temporary suspension of activity for up to 12 months; revocation of the authorisation granted by the competent tourism authority; and temporary or definitive closure of the establishment responsible for the infringement.

Financial penalties are tiered by severity. Minor infractions may be punished with an admonition or a fine of up to €900. Serious infractions carry fines from €901 to €3,000. Very serious infractions are subject to fines from €3,001 to €18,000. Accessory sanctions for very serious offences may include temporary suspension of activity, revocation of authorisation or closure of the establishment.

Admonitions are considered appropriate for minor offences in the absence of recidivism and when proportionality and the circumstances advise against imposing a fine.

Examples of minor administrative offences include inappropriate treatment of users by tourism service providers; inaccurate fulfilment of communication or information obligations toward the tourism administration or users; service contracts that do not comply with applicable rules; improper use of Andorra’s tourism marks, symbols or messaging that depart from departmental guidelines; and failing to provide, or providing deficient services, when no harm is caused to clients.

Also classed as minor are refusal to issue a detailed invoice on request or including services not provided on a bill; deficiencies in cleanliness, operation of facilities, furniture or equipment that are part of the tourism activity; and obstructing inspection activities when such obstruction does not prevent them.

Serious offences include commercial use of denominations or badges that do not correspond to the activity’s official classification or registration; an enterprise, establishment or professional failing to meet legally required conditions for conducting the activity or for obtaining the necessary authorisation; and using denominations that may mislead regarding an activity’s classification, category or characteristics. Unjustified denial of free access, expulsion from an establishment or interruption of agreed services are also considered serious violations, as is breach of contract.

Very serious offences are those that cause significant harm to Andorra’s tourism interests, damage the country’s image or that of its destinations, or cause damage to natural and environmental resources.

The regulatory package aims to provide clear sanctions and enforcement mechanisms to ensure compliance and protect both visitors and the destination’s sustainability and reputation.