Vacíos legales y responsabilidad civil en el arrendamiento de corta estancia: análisis crítico y comparado de Airbnb y Booking en Ecuador

Abstract

This research examines the legal gaps and civil liability framework in short-term rentals managed through digital platforms such as Airbnb and Booking in Ecuador. The main objective was to identify weaknesses in the current regulatory system and propose guidelines for comprehensive regulation. A mixed-methods approach was used, combining a comparative legal analysis of regulatory models in Spain and Portugal, 56 surveys conducted with landlords and tenants, and semi-structured interviews with key stakeholders in the sector. The results reveal a high level of informality, a significant lack of awareness of the existing regulations (54% are unaware of the rules), and a prevalence of conflicts (36%), mainly related to property damage and non-payment. It is concluded that the absence of specific legislation generates legal uncertainty. Therefore, there is an urgent need to enact a law that establishes clear civil liabilities, implements a mandatory registry, defines tax obligations, and strengthens consumer protection mechanisms to ensure fair competition and safeguard rights.