Andorra draft tourism law introduces fines, closures and visitor‑management tools

The draft tourism law, already processed at the Consell General, establishes sanctions ranging from a warning to closure of an establishment or the revocation of an authorization. The text, prepared under the guidance of the UN World Tourism Organization, comprises 83 articles, one additional provision and two final provisions, and is built around principles such as governance, training, digitalization and sustainability.

According to the economic report accompanying the draft, implementation of the new regulatory framework will include adding two inspectors over a four‑year period to strengthen oversight and ensure compliance. The law also foresees instruments to declare places of tourist interest and to designate saturated spaces, measures intended to help manage and control visitor flows.

Sanctions are classified as minor, serious or very serious, and there are up to six possible penalties: warning; fine; downgrade of an establishment’s category; temporary suspension of activity for up to twelve months (for a company or individual professional); revocation of the licence or authorization granted by the competent tourism authority; and temporary or permanent closure of the establishment responsible for the infraction.

Monetary penalties are grouped into four bands by amount. Minor infractions may be punished with a warning or a fine of up to €900; warnings are appropriate when there is no repetition and, given the circumstances and proportionality, a fine is not deemed necessary. Serious infractions carry fines of €901 to €3,000. Very serious infractions are punishable by fines of €3,001 to €18,000. For very serious infringements, accessory sanctions may also apply, such as temporary suspension of activity, revocation of the tourism licence, or temporary or definitive closure of the establishment.

Examples of minor administrative infractions include improper treatment of tourism service users by providers covered by the law; inaccuracies in communications or information to the tourism administration or to users; service contracts that do not comply with applicable rules; improper use of Andorra’s tourism brands, symbols or image strategies that do not follow departmental guidelines; and failing to provide or providing deficient services when no harm is caused to clients.

Also classified as minor are refusing to issue a detailed invoice on customer request, including on an invoice services not provided or products not consumed, deficiencies in cleanliness, malfunctioning installations, furniture or equipment forming part of the tourism activity, and obstructing inspection work when that obstruction does not make inspection impossible.

Serious infractions include commercially using denominations or labels different from those corresponding to the activity under its official classification or registration; failing to meet regulatory requirements for operating the activity or for obtaining the necessary authorization; and using denominations for a tourism activity that could mislead about its classification, category or characteristics.

Very serious infractions include breaches that cause serious harm to Andorra’s tourism interests, damage the country’s image or that of its tourist destinations, or cause damage to natural and environmental resources. The law also treats as serious the unjustified prohibition of free access or expulsion from an establishment, interruption of agreed services for unjustified reasons, and contractual non‑performance.