Age Discrimination at Hostels in Spain: Is It Legal to Be Too old to Check In?
A growing controversy is brewing in Spain’s tourism sector as a consumer association, FACUA, has filed complaints against hostel chain Onefam for allegedly discriminating against travelers over the age of 45. The complaints, lodged with tourism authorities in Madrid, barcelona, and Andalusia, center around age limits imposed on guests at Onefam’s properties. But is this practice legal? And what rights do you have as a traveler?
Here’s a breakdown of the situation, the legal landscape, and what it means for your travel plans in Spain.
The Complaint: Age Limits at Onefam Hostels
Onefam Hostels, operating five properties in Barcelona, two in Madrid, and two in Seville, lists an age limit of “18 to 45 years” on its website for all accommodations. in Seville,one hostel even lowers that limit to 40,effectively barring anyone over that age from booking a stay.
FACUA argues this is blatant discrimination. “Imposing an arbitrary maximum age…is completely senseless, as it discriminates against people over 45,” the association stated. This sentiment is echoed by senior citizen advocacy groups across the country.
A Rising Tide of Concern: Ageism in Travel
the issue isn’t isolated to Onefam. According to online travel agency Voyista, many hostels labeled as ”youth hostels” maintain varying degrees of age restrictions. While some are flexible, others enforce strict policies.
This practice has sparked outrage among senior advocacy groups, who see it as a clear example of ageism.
* “It’s blatant discrimination,” says José Luis Fernández Santillana, president of the spanish Confederation of Senior Citizen Organizations (CEOMA).
* Josep Carné i Teixidó, head of Catalonia’s Federation of Associations for the Elderly (FATEC), added, “It’s hard to believe…This is a blatant case.”
Is Age Discrimination Legal in Spain? The Legal Framework
The legality of these age restrictions is complex, but several legal provisions suggest Onefam’s policy might potentially be on shaky ground.
* Catalonian Tourism Law: Article 39 of Law 13/2002 explicitly states that access to tourist accommodations cannot be restricted based on “race, sex, religion, opinion, or any other personal or social condition.” age could reasonably fall under this “any other” category.
* Spanish Constitution: Article 12 defines the age of majority in Spain as 18, while Article 246 of the Civil Code grants adults the right to “perform all acts of civil life” with limited exceptions.
* Tourism Law & Serious Offences: Article 88 of the tourism law in Catalonia classifies discrimination as a serious offense, prohibiting establishments from denying access or services without “justified reasons.”
FACUA believes Onefam lacks justification for its age-based restrictions.
What Does This Mean for You? Your Rights as a Traveler
If you are over 45 and have been denied accommodation at a Spanish hostel due to your age,you may have grounds for a complaint. Here’s what you should know:
- File a Complaint: You can file a complaint with the relevant tourism authorities:
* General Directorate of Tourism and Hospitality of the Community of Madrid
* Directorate of Tourism Services of the Barcelona City Council
* General Directorate of Tourism Planning of the Regional Government of Andalusia
- Know Your Rights: Refer to the legal articles mentioned above when lodging your complaint.
- Seek legal Advice: If your complaint is not resolved, consider consulting with a legal professional specializing in consumer rights.
Beyond the Law: The Broader Implications
This case highlights a growing concern about ageism in the travel industry. While hostels often cater to a younger demographic, arbitrarily excluding older travelers raises ethical questions.
The Spanish government recently reminded hotels that photocopying guests’ IDs is illegal,demonstrating a commitment to protecting consumer rights. This case involving Onefam could lead to further clarification and enforcement of anti-discrimination laws within the tourism sector.
Staying Informed
The situation is evolving. For further information,you can refer to these resources:
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