Tourism Arbitration Procedures and Strategic Planning

Arbitration and Conflict Resolution in Tourism

The Arbitration Act serves as a mechanism that directly addresses tourism advertising and resolves conflicts between tourists and service providers. It resolves disputes definitively, as a rule, by dictating an arbitration award. This award is equivalent to a mandatory sentence and is comparable to a court order. It acts as a court of law, offering a rapid procedure compared to standard court proceedings, and it is free of charge.

Composition of the Arbitration Board

The solution is determined by an arbitration board composed of three people: a President belonging to the public administration, a representative of employers, and a representative of users. They resolve the conflict by a majority vote after deliberation among them. This process can occur at a national or regional level.

The employer is not obliged to accept arbitration; in such cases, the conflict can only be resolved by a judge, and that is when the user must decide whether to take the matter to court or not.

Arbitration in Andalusia

In Andalusia, there is no specific administrative arbitration for tourism. Instead, it is handled by the same organs that resolve conflicts between employers and consumers in any other sector.

Distinction Between Arbitration and Mediation

There is a clear distinction between the act of arbitration and mediation:

• Mediation: Proposes an agreement for resolution but does not make a final decision.
• Arbitration: Issues a binding decision.

A conflict can be resolved by either of these two activities. The user initiates the process via a complaint form, which must be filed before resorting to either act. This initial stage is called conciliation, where the parties attempt to resolve the issue themselves without a referee.

The Claims Procedure

Once the form is filled out, the user must wait 10 days to receive a response from the employer. If conciliation is possible, the sheet is filed before the mediation or arbitration administration. During the act of mediation, the user is asked if they prefer mediation or wish to go directly to arbitration. Both activities are voluntary for both the user and the employer.

Another purpose of the claims sheet is to denounce violations committed by a tourist company. This informs the public administration, and if the events are estimated to constitute an offense, a disciplinary procedure may be opened. If the company does not have complaint forms, users can submit claims directly before the competent administrative bodies in matters of consumption, using provided forms or a letter written by the user.

Strategic Tourism Planning and Quality Targets

The second activity involves strategic planning. These activities analyze the needs and wants of the Autonomous Communities (CCAA), setting targets to improve tourism quality. Programs are established to achieve these objectives, and the plan requires approval by the Governing Council of the CCAA.

Regional Development and Specific Programs

In turn, other measures can be set, which are governed by Articles 16, 17, and 18. These include:

• Retraining programs for destinations.
• Tourist development zones of preference.
• Specific tourism programs.