Posted: Thu Feb 22, 2024 5:16pm
Hi Browne 77 and welcome to the forum,
As you've posted in a thread about Tourist Licences, I assume that you know for sure that your neighbour does have a Tourist Licence?
In the Comunidad Valenciana region, it's a condition of such properties that the owners have Civil Liability insurance, which covers not only injury/damage to their renters and their belongings, but also to other third parties, e.g. in a Community of Owners. So, saying "her insurance won't cover it" is no excuse - she's breaking the law if she doesn't have adequate insurance.
I'd suggest your next step is to show her this extract from Valencia's regional laws:
"Article 26. Civil liability insurance
1. The owner of the tourist accommodation activity is obliged to take out a civil liability insurance policy that covers damages to the health or physical integrity of the users of the accommodation or services, third parties that may arise as a result of the accommodation activity, as well as those related to financial security.
2. The minimum amount of the insured capital will be determined based on the maximum admissible places in the accommodation contemplated in the responsible declaration, and will be:
a) Up to 25 places: 150,000 euros
b) Up to 50 places: 300,000 euros
c) Up to 100 places : 400,000 euros
d) Up to 200 places: 500,000 euros
e) Up to 300 places: 600,000 euros
f) Up to 500 places: 750,000 euros
g) Up to 700 places: 900,000 euros
h) Up to 1,000 places: 1,000,000 euros
i) Up to 1,500 places : 1,200,000 euros
j) Up to 5,000 seats: 1,800,000 euros
k) From 5,000 seats: 2,000,000 euros
3. The maximum amount of compensation for annuity and accident, as well as deductibles, if applicable, and any others Conditions will be established by mutual agreement between the person who owns the activity and the insurance company.
4. The owner of the tourist accommodation must have in his possession, throughout the development of his activity, the documentary justification of his subscription, in order to make it available to the competent tourist administration, when requested."
https://dogv.gva.es/portal/ficha_disposicion_pc.jsp?sig=001092%2F2021&L=1
As a third party, your toldos has been damaged "as a result of the accommodation activity", i.e. the renters.
If she still refuses to claim on her insurance, or pay from her own pocket, you obviously have the option to report her to the community's president and/or administrators, and ultimately the tourist administration who, presumably, could revoke her licence.
Good luck!
Kind regards,
Kim
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