10.This section states that for the purposes of this Act a person is a visitor accommodation provider (VAP) if, in the course of a trade or business, they provide or offer to provide visitor accommodation at premises in Wales, and they are an occupier of the premises. A person provides visitor accommodation if that person enters into a contract under which, or in consequence of which, one or more people are entitled to reside for one or more nights in or at the accommodation. “Contract” does not include contracts of service, contracts of apprenticeship, or contracts where the person entitled to reside provides services to the VAP.
11.This section also states that “offers to provide” in relation to visitor accommodation includes advertising, marketing the accommodation or otherwise making any person aware that the accommodation is available for stays. It states that references to a “visitor accommodation provider” (or a “VAP”) include, unless the context requires otherwise, a person registered in the register of visitor accommodation providers, regardless of whether that person falls within the definition of a visitor accommodation provider in subsection (2) at any given time.
Commentary on Sections Part 1 - Overview of Act and Key Terms Used in Act Section 3 – Visitor accommodation provider