Restrictions And Conditions For Establishing A Tourist Facility

user Youssry Saleh & Partners calender 25 Jun 2024 views 188 Views
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The Hotel and Tourist Establishments Law promulgated by Law No. 8 of 2022 is considered the beginning of a new start for the tourism sector in Egypt. This law is a great incentive for investors, as it has many positive aspects in working to overcome obstacles that hinder tourism activity and supervising coordination between all governmental organizations agencies directly or indirectly related to it.

The new law aims to organize and facilitate the procedures for obtaining a license for hotel and tourist establishments to encourage tourism investment, through the Ministry of Tourism with a new mechanism, in order to achieve ease and speed in procedures, improve the level of business in Egypt, and enhance its competitive ability to attract investments.

Tourist establishments are places prepared to receive Egyptians and foreigners for the purpose of providing them with food and drinks, including: restaurants, floating restaurants (fixed or mobile), cart restaurants, cafeterias, as well as means of tourist transportation and land, Nile or sea tourist trips, discos, nightclubs, and shops. Ordinary goods and tourist goods, tourist activity centers such as diving, safari and marine activities, health and sports centers located within hotel facilities, and other facilities and activities. Nevertheless, here is the most significant guidelines that must be adhered to for tourist attractions.

  • General requirements for licensing hotel and tourist establishments
  1. Fulfilling the building requirements issued in accordance with the provisions of the Building Law for fixed facilities.
  2. Fulfilling the engineering and construction requirements issued regarding navigational validity and river or sea safety for floating facilities (mobile or fixed).

This is in addition to the special requirements necessary for obtaining licenses. The Permanent Committee for Hotel and Tourism Establishments Licensing is responsible for determining special requirements necessary for obtaining licenses for establishments, including requirements for civil protection, environment, health, occupational safety and health, among others.

  • Data and documents required for hotel and tourism establishment licenses

 

  1. Name of the applicant for the service, his capacity, title, nationality, place of residence, address to which correspondence is addressed, telephone and fax number, and e-mail address (if any).
  2. The facility’s user, manager, or supervisor’s name, title, nationality, place of residence, mailing address, phone and fax numbers, and email address (if applicable).
  3. Name of the owner of the building in which the facility is located and the nature of the legal relationship between him and the license applicant or the user of the facility, as the case may be.
  4. The type of establishment subject to the license application, its address, telephone and fax number, email address, and the name and surname of its owner.
  5. The type of activity for which a license is required
  6. An overview of the in deeded documents at the facility.
  7. The estimated financial cost of establishing the facility.
  8. Proposed business name established for the facility.
  9. The economy degree of the facility.
  10. The scheduled time plan to reach the facility’s full operational capacity of trained workers, indicating the number of trained workers proposed to be employed starting with no less than (10%) of the aforementioned capacity, and their expected final number.
  11. The accommodation capacity of the facility, according to its type, and according to the number of seats or beds in it.
  • Obligations of the licensee or the person responsible for managing the facility
  1. Treating guests, patrons, or practitioners of tourism activities alike in a manner that ensures the preservation of Egypt’s tourism reputation.
  2. Allowing citizens and foreigners to enter or reside in the facility, as well as committing to follow the instructions issued by it and approved by the competent Ministry, without discrimination between them on the basis of religion, creed, gender, origin, race, color, language, disability, or social level, political or geographical affiliation, or for any other reason, in a manner that does not conflict with the customs and traditions of Egyptian society.
  3. Recording all data of guests and those practicing tourism activities, especially their nationalities, the countries they are coming from, the date of their arrival and departure, and the name of the tourism company that brought them, according to the nature of the activity.
  4. Providing guests in the hotel facility with a statement of the instructions issued by the facility and approved by the competent Ministry, throughout the period of their stay there, with a commitment to terminate the stay of any guest in the event that he violates these instructions, and to demand the necessary compensation for damages arising from his mistake in accordance with the rules of civil liability.
  5. Announcing the name of the facility, its tourist class, and the type of licensed activity in a visible place at the entrance to the facility or the reception desk, as well as on any publications or paper or electronic advertising media in accordance with the license issued to it, and not to take any names or data that contradict what is stated in the license issued to it.
  6. Announcement of the hotline number and the numbers and websites of the Ministry designated to receive complaints from guests, patrons, or practitioners of tourism activities in a visible place in the facility.
  7. Announcing the prices approved by the general administration concerned with inspection, on paper or electronically, for food, beverages, etc., including service and tax, with a commitment to applying the special requirements established in this regard, taking into account the availability of a certified copy of the price lists in Arabic.
  8. Commitment to the announced price policy among guests, patrons, or practitioners of tourism activities without discrimination between them on the basis of their different nationalities, without prejudice to the contracts concluded with tourism companies regarding the reservation of tourist groups.
  9. Not imposing a minimum order price on the facility’s guests or patrons except upon a request submitted by the legal representative of the facility or its responsible manager, as the case may be, on the form prepared for that purpose or on the website, and marking it with the approval of the director of the public department concerned with the inspection, bearing its seal, with the commitment by advertising this form in a visible place in the facility.
  10. Guests, patrons, and those practicing tourism activities should not ask for a fee that exceeds the prices of accommodation and services approved by the competent Ministry, or is less than the minimum limit set for them (if any), with a commitment to giving each of them a detailed, approved invoice indicating the value of the amounts required for accommodation, food, or drinks. Or any other activities or services.
  11. Providing a public safe to deposit the valuable belongings of guests, patrons, or practitioners of tourism activities in it, and providing them with a receipt for this without charge, provided that the facility is responsible for them if they are lost, depending on the nature of the activity.
  12. Notifying the General Administration of the Tourism and Antiquities Police within twenty-four hours of valuables left by guests, patrons, or those practicing tourism activities after leaving the facility, immediately after they are found, and keeping these things in the facility’s management and registering them with its knowledge, and endeavoring to notify their families to retrieve them, with a commitment to notify the Ministry. The aforementioned public administration shall be responsible for any incidents involving guests, patrons, or practitioners of tourism activities during the period referred to.
  13. Implementing all the terms of contracts concluded between the facility and tourism companies bringing tourist groups, individual tourists, or party and event organizers, in accordance with good faith. This commitment applies to confirmed reservations with tourism companies contracted to market and sell for them through the international information network by various means.
  14. Providing the competent Ministry with paper or digital statements of data of the facility’s employees, or recording this data on the website, especially their names, addresses, national ID cards or passports, the nature of their work in the facility, the date of joining work, and all data or documents required by the competent Ministry from the facility, with an obligation to notify it of any amendments to these data within a maximum period of forty-eight hours from the date of the amendment.
  15. Commitment to training employees in accordance with the Ministerial Decision issued in this regard
  16. Not operating tourist facilities located in, attached to, or affiliated with the hotel facility and covered by the same license as the hotel facility, such as restaurants, stores selling ordinary goods, tourist goods, cafeterias, etc., without operating accommodation facilities in the hotel facility itself (rooms and suites).
  17. Implementing precautionary measures and other special requirements determined by the competent Ministry regarding the protection of guests, patrons, and practitioners of tourism activities from infection with viruses and infectious diseases in a way that guarantees their safety and ensures the preservation of their lives.

Conclusion:

As the legal and regulatory landscape governing tourism in Egypt continues to evolve, it is crucial that both policymakers and industry stakeholders remain vigilant and adaptive. By striking the right balance between promoting economic growth through tourism and safeguarding the rights and wellbeing of tourists, Egypt can position itself as a premier destination that offers an enriching, safe, and responsible travel experience.

Looking ahead, key priorities should include modernizing visa processes, enhancing consumer protections, strengthening safety and security measures, and fostering sustainable tourism practices. Through ongoing collaboration between the government, tourism operators, and legal/regulatory bodies, Egypt can unlock the full potential of its vibrant travel and hospitality sectors while upholding the rule of law.

By prioritizing a robust legal framework for tourism, Egypt can cement its status as a global leader in the industry – providing travelers from around the world with unparalleled experiences, while also driving economic prosperity and social progress within the country. With the right policies and enforcement in place, the future of tourism in Egypt looks bright