Article 438 Dutch Criminal Code

Paragraph 1

Any person who makes it their profession to provide overnight accommodation to persons is liable to detention (hechtenis) not exceeding one month or a fine of the second category if they:

1. fail, immediately upon the arrival of the person who will spend the night in the establishment run by them, to have that person produce a valid travel document or an identity document as referred to in Article 1 of the Compulsory Identification Act;

2. do not keep a continuous register or fail, immediately upon the arrival of that person, to record or have recorded therein that person's name, place of residence and date of arrival, and themselves to record or have recorded therein the type of document produced and, on departure, the date of departure;

3. fail to produce that register on request to the mayor or to the public servant designated by the mayor.

Paragraph 2

The same failure is punishable by the same penalty in the case of a person who makes it their profession or habit to make available to adult persons a site, including any inland harbour or inland waters equipped for mooring pleasure craft, with or without associated facilities, for overnight stays or for placing or keeping placed camping equipment, or who makes available any structure for that purpose, not being an establishment as referred to in paragraph 1.

Paragraph 3

The foregoing does not apply to overnight accommodation provided to accompanying spouses, minor children or travel groups.