EPRS | European Parliamentary Research Service
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Introduction
Short-term accommodation rentals offered by individual or professional hosts are nothing new.
However, the global online market has increased significantly in recent years, mainly because of the
expansion of hundreds of online platforms (such as Airbnb, Vacasa, Abritel, Vrbo, Booking, Expedia,
Tripadvisor and Fairbnb) that connect hosts who want to rent their units (e.g. houses, apartments
or rooms) with people who are looking for accommodation.
According to data provided to Eurostat
by four of these providers (Airbnb, Booking, Expedia and
Tripadvisor), more than 1.6 million guests per night stayed in short-term accommodation in the EU
in 2022. In total, guests spent about 597 million nights in short-stay accommodation in 2022.
However, the distribution of guests is uneven both across the EU and within individual countries.
The
most popular cities in terms of guest nights spent in short-term accommodation in 2022 were
Paris (13 984 118 guest nights), Lisbon (8 845 545 guest nights) and Barcelona (8 839 598 guest
nights). Looking at the distribution by type of accommodation, short-term accommodation rentals
represent about
one quarter of the total EU supply of tourist accommodation. During the peak of
the coronavirus pandemic, the guest nights spent at short-term accommodation dropped
considerably: 272 million nights in 2020 and 364 million nights in 2021. However, the number of
guests staying in short-term rentals and the number of guest nights has recovered since the second
half of 2021.
Some researchers and stakeholders (such as representatives of the hospitality sector and cities)
argue that short-term accommodation rentals contribute to problems, such property price infla tion,
displacement of permanent residents,
overtourism,
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and unfair competition. They furthermore
cause disturbances such as noise, parking, safety and security issues.
Others (such as some researchers or the online platforms themselves) point to the benefits of short-
term accommodation rentals, such as the fact that they support jobs, bring about a more efficient
use of resources, offer a wider choice of tourism accommodation (enabling a tourism experience
that is often more affordable). It also provides citizens with additional income, which is even more
important now when many struggle to pay their bills due to high inflation. Short-term
accommodation rentals can also increase tourism revenues for other stakeholders (such as the
restaurant industry).
Existing situation
Short-term accommodation rental services are, in principle, covered by Directive 2006/123 (Services
Directive), which places on Member States the obligation to comply with non-discrimination,
necessity and proportionality principles in their market access requirements. Online platforms and
associations representing the short-term rental sector have complained that the rules applicable to
short-term accommodation rental services in some destinations do not respect these requirements.
The European Commission has also launched
infringement procedures against some Member
States (such as Belgium regarding the authorisation procedure and general requirements that the
Brussels region applies to tourist accommodation service providers) due to the breach of the
Services Directive.
Online short-term accommodation rental service platforms that help hosts to connect with
potential guests (intermediation service providers) are themselves subject to several EU laws.
According to the European Court of Justice judgment in case C-390/18
, one of the biggest s uch
platforms, Airbnb, is providing an 'information society service' falling under Directive 2000/31
(
e-Commerce Directive),
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amended by Regulation 2022/2065 (Digital Services Act (DSA)). The latter
exempts such platforms from liability for the content provided by their users if they fulfil certain
conditions (i.e. they do not have 'actual knowledge' of illegal content on their site, and upon
obtaining actual knowledge or awareness of illegal activities or illegal content, they act