In the Balearics, an increasing number of private individuals are renting out boats for rates that can range from €300 to €1,500 per day. Advertised on specialised websites, the model is similar to that of Airbnb for holiday rentals.
In January 2024, the Spanish Government issued a decree which waived the requirement to hold qualifications to pilot recreational boats (with motors) of up to 5 metres in length with a maximum power of 15 hp and sailing boats up to 6 metres in length, provided they do not travel more than two nautical miles from a marina or other point of departure. This also opened up the possibility for boat owners to commercially operate their vehicles for a maximum of three months per year.
Although these regulations have yet to come into effect, charter companies in the Balearics say they are being contacted daily by individuals seeking to profit from the boats they own. They report that "illegal offers have skyrocketed".
With one of the highest accident rates in the country and long waiting lists for moorings, the Balearic Government has decided to take action and expressly prohibit the chartering of private boats. The regional decree goes further and bans the chartering of any vessel that does not have a place to embark and disembark its passengers. Boats originating from the mainland or foreign ports will have to prove their regular activity in the islands in order to operate legally. But because regional and national regulations conflict, the matter is likely to end up with the Constitutional Court in Madrid.
Toni Mercant, the regional government's director general for maritime transport, says the Spanish regulations invite "speculation of the public domain" and create risk. "It's as if just because you own a car, this gives you the right to rent it out for three months a year. Or as if you could stop anywhere and charge five euros to each person who gets into the car and take them on an excursion. This forces us to adapt to the new circumstances in order to guarantee the safety of people, the sustainability of the environment, and our economy."
Because of the various necessary procedures, the Balearic regulations aren't scheduled to come into effect until after the summer. Under these regulations, websites will be required to include registration numbers of boats, similar therefore to how Airbnb and accommodation sites are supposed to operate. This will facilitate the work of inspectors and the opening of disciplinary proceedings if necessary.
Mercant adds: "What we are proposing is innovative in several respects. It may not be enough for charter companies in the Balearics, as they would have preferred us to require the necessity of a home port on the islands to operate from, but we knew that Europe could challenge this, so that's why we have opted for the formula of requiring a suitable place to embark and disembark people and for supplies and waste."
The association of charter companies in the Balearics welcomes the government's measures. "We hope that activity will be carried out in a regulated manner to increase safety at sea and clearly reduce intrusion in the sector," says its president, Pedro Francisco Gil.