The new requirements include issues such as the necessary registration of both hosts and digital platforms in the registers managed and operated by the Mexico City Ministry of Tourism.
On April 4, 2024, a Decree was published amending the name and reforming and adding various provisions to the Mexico City Tourism Law, with a view to updating the regulatory framework governing the planning, design, execution, development and promotion of local tourism activities.
The decree establishes a series of obligations for hosts offering accommodation services via digital platforms. The ruling handed down by the Tourism Commission highlighted that the amendments establish regulatory and technological mechanisms in order to obtain reliable information on technology platforms offering temporary accommodation services and other activities in the capital, as well as on the supply and demand of residential properties for tourist use.
The new changes mean that, in order to be able to operate in the city, hosts and digital platforms alike must register on one of the two registers to be set up, managed and operated by the Mexico City Department of Tourism:
- Host register: for individuals and legal entities offering temporary tourist accommodation services through accommodation platforms.
- Technology platform register: for Mexican or foreign persons authorized to operate, act as an intermediary in or manage a technology platform in Mexico City that offers temporary tourist accommodation services.
The Tourism Department and the Public Innovation Digital Agency (ADIP) will have to create the registers for hosts and for platforms and, once ready, hosts and platforms will have a period of 180 days in which to register.
It is important to note that, as a result of these reforms, each platform will become a joint and several obligor as regards (i) payment of the corresponding accommodation tax, and (ii) any penalties relating to the temporary accommodation services provided by the hosts or engaged through the technology platform.
The reform also stipulates, among other measures, that Local Tourism Development Zones will be promoted which, in light of their conditions, will favor the development of tourism in the capital. These zones will be proposed by the local Department of Tourism. This point is relevant because the possibility is also established of suspending authorizations for new tourist services if a specific zone is declared to be a Saturated Tourism Development Zone.
