Strange Tripadvisor request

J_B

We advertise our non-uk EU property on Holiday Lettings which is part of Trip Advisor.

Yesterday, I had the following email which is rather confusing.

Hello J B, We're writing to you today to get clarification from you about the nature of your rental operations.

New consumer protection laws that are soon coming into force in the EU and UK require that you confirm to us whether you are renting out your property as a business or as a consumer. You have previously indicated to us that you are operating as a business. However, if this is no longer the case, you need to let us know by May 25th, 2022 through the Owner Centre. It only takes a minute.

If you do not update the Owner Centre to inform us that you are now hosting as a consumer by May 25th, 2022, we will continue to treat you as a business. Under the new rules, users of our sites will be entitled to see new information about your business when booking your property. It is your obligation to provide this information accurately. You will be able to input that information in the Owner Centre.

If you inform us that you are now hosting as a consumer, your listing will feature a new advisory note to travellers, letting them know that their bookings with you may not be covered by national consumer protection laws.

How can someone not be a business when they are taking money for letting out a holiday home?

Jeremy535897

It is explained here:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021XC1229(04)

MobileSaver

J_B said:

How can someone not be a business when they are taking money for letting out a holiday home?

Because there is no standard legal definition of what constitutes a "business" and a lot depends on the degree to which you take/make money from the enterprise.

So, for an extreme example, if someone has a second home for their own use but one night a year lets it out for £900 as a holiday home then are they are a business? Should they pay business rates? Pay tax on that income? Pay to have their bins emptied?

While you may argue that yes that's a business, the actual legal answer is no to all those questions because the various laws (in the UK at least) recognise that the primary use of the property is for domestic use, not business use. E.g. only properties let out for 70 days a year pay business rates in Wales.

Specifically with the new EU laws, as @Jeremy535897 noted, the rules clarify that you are only classed as a "business" if the business use is predominant, i.e. unless the property is primarily for business use then you can run a business and still be classed as a consumer...