Outrage as over-45s banned from hostels in Spain (but is it legal?)

Hostel chain Onefam, which has properties in Barcelona, Madrid and Seville, as well as other cities in Europe, has been reported by Spanish consumer watchdog Facua for only allowing guests between the ages 18 and 45.

The complaint has been filed with the General Directorate of Tourism and Hospitality of the Community of Madrid, the Directorate of Tourism Services of the Barcelona City Council, and the General Directorate of Tourism Planning of the Regional Government of Andalusia.

The consumer association says that company's website lists the age limit for each of its tourist accommodations in the three cities in Spain as "18 to 45 years”.

One of the hostels in Seville lowers the limit even further, to 40. Onefam Hostels has five properties in Barcelona, ​​two in Madrid and two in Seville.

In the Andalusian capital, those over aged 40 are even prevented for making a booking at one of the hostels there.

"Onefam imposing an arbitrary maximum age for completing this procedure is completely senseless, as it discriminates against people over 45," FACUA said in a statement.

Some of the country's main senior citizen associations agree that this is a clear case of ageism, which could even violate some sections of the law.

"It's blatant discrimination," José Luis Fernández Santillana , president of the Spanish Confederation of Senior Citizen Organizations (CEOMA), told news website 65yomas.com.

"It's hard to believe. We're constantly talking about how we need to combat ageism, and we're seeing more examples every day . This is a blatant case," added Josep Carné i Teixidó, head of Catalonia's Federation of Associations for the Elderly(FATEC).

Is it legal to discriminate based on age in Spain?

According to Article 39 of Law 13/2002, of June 21, on tourism in Catalonia, "access to and stay in tourist accommodation establishments are free for users who have contracted the services and may not be restricted on the basis of race, sex, religion, opinion, or any other personal or social condition or circumstances”.

While it doesn’t specifically mention age, it does point out “any other personal or social condition” and age could most definitely fall into these categories.

Article 12 of the Spanish Constitution, however, states that "Spaniards reach the age of majority at eighteen", while Article 246 of the Civil Code makes it clear that adults may "perform all acts of civil life, except for the exceptions established in special cases by this Code".

Therefore, the association believes they have no right to discriminate based on age and only allow 18 to 45 year olds.

Article 88 of the law on tourism in Catalonia classifies discrimination a serious offence "prohibiting users from freely accessing establishments, expelling them from them, or preventing them from using services, except for justified reasons".

It seems that Onefam is not the only hostel chain prohibiting people of certain age groups. According to online travel agency Voyista "Despite the label 'youth hostel', many of these properties are open to a broad demographic—some are more flexible, while others maintain stricter age limit policies".

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