La regulación del arrendamiento de vehículos de turismo con conductor. Conflictividad jurídica reciente

Abstract

In the last decade, the collaborative economy has changed the economic course and its exponential development has been associated with the irruption of information and communication technology (ICTs), and more specifically with the collaborative platforms that offer the intermediation service. The collaborative economy has burst into the urban passenger transport sector with tourism vehicles and this has crystallized in numerous conflicts between the taxi sector and tourism vehicles with driver. The Spanish legislator and courts try to define the legal and economic aspects that revolve around this new mode of transport, but this has caused great controversy, since ensuring a peaceful coexistence between the taxi sector and tourism vehicles with driver is not an easy task. There is an urgent need to introduce competition and consumer welfare, and for this reason the current regulatory framework deserves to be reviewed. Thus, this paper aims to analyze the legal regime of the leasing of tourism vehicles with driver from this collaborative economy perspective. Thus, we analyze the most recent case law on this matter, the pending litigation and, in particular, the controversial regional regulations adopted in the Basque Country (Decree 200/2019, of December 17) nd in Catalonia (Decree-law 9/2022, of July 5).

Keywords

• collaborative economy
• digital platforms
• taxi sector
• transport economy
• urban passenger transport