The Council of Mallorca's tourism department says it has almost finalised an agreement with Airbnb to remove ads for illegal holiday lets on the island.
The department expects to be able to announce the agreement shortly, discussions with Airbnb having for now focused on listings that are "manifestly illegal". These include tents, caravans, boats and shacks. Not included, therefore, are apartments, houses, rooms in houses or any other type of residential accommodation.
The Council has meanwhile welcomed Spain's consumer affairs ministry's order that Airbnb immediately remove 65,935 ads for illegal tourist lets throughout Spain. The ministry's order follows the High Court of Justice in Madrid having dismissed an Airbnb appeal against the elimination of ads for 5,800 illegal lets in six Spanish regions, one of these being the Balearics. "We welcome everything that the various administrations do to combat illegal offers."
Airbnb have accused the ministry of using an "indiscriminate methodology" when compiling this list and say they will continue to appeal such decisions. "They are at odds with Spanish and European regulations."
One of the main lines of defence Airbnb have given in the past and continue to is that they are subject to the Digital Services Act, have no supervisory obligations, and should not be considered a real estate service. This was according to a ruling by the European Court of Justice.
In January 2022, Spain's Supreme Court, following the European ruling, established that information in advertisements, including registration numbers where necessary, was the responsibility of the provider of the service (the accommodation) and not of the platform on which it is advertised.
When the ministry opened its disciplinary proceedings against Airbnb in December 2024, the consumer affairs minister, Pablo Bustinduy, stated: "No company, no matter how large or powerful, should be above the law. Nor in the housing market."