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A query was raised regarding whether a hotel manager operating a hotel on behalf of and for the account of the owner performs online intermediation services subject to the DSA. The DGT ruled that no intermediation occurs because the manager acts as the service provider itself, rather than mediating between two independent users.
Cuestión planteada
El gestor hotelero, al actuar en nombre y representación del propietario con facultades de explotación total, se identifica con el prestador de los servicios. Al utilizar una interfaz digital para comercializar las estancias, no se cumple el requisito de intermediación en línea, ya que este exige la puesta en contacto de al menos dos usuarios independientes. En este caso, solo existe una relación entre el prestador (gestor) y el usuario final.
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