Approval of the Tourism Accommodation Regulation

Chapter One: Introductory Provisions

Article (1):

  • The following terms and expressions, -, shall have the meanings assigned thereto, unless the context requires otherwise:

    • Law: Tourism Law issued by Royal Decree No. (M/2), dated 091436/01/H, and its amendments.

    • Regulation: The Executive Regulation of Tourist Accommodation Facilities

    • Ministry: Ministry of Tourism

    • Minister: Minister of Tourism

    • Licensing: A process that include satisfaction of terms and requirements set forth in the executive regulation to obtain the License.

    • License: A document issued by the Ministry for a specified period in the name of licensee to operate Tourist Accommodation Facilities in accordance with the provisions of the Law and Executive Regulation.

    • Licensee: Any natural or legal person obtaining a valid License issued by the Ministry to operate the Tourist Accommodation Facilities.

    • Classification: A process that involves identifying, describing, and assessing the level of services provided at the Tourist Accommodation Facilities, which is divided into specific categories in accordance with the Regulation and Classification Criteria.

    • Classification Certificate: A document issued and approved by the Ministry for and in the name of the Tourist Accommodation Facility, for a specified term, indicating the Classification class or grade.

    • Classification Criteria: The terms and requirements a Tourist Accommodation Facilities must satisfy as defined in the Annex to this Regulation.

    • Tourist Accommodation Facility: Any facility providing accommodation or any other supporting services mainly to Tourists for a fee, being a hotel or any other residential unit established for that same purpose.

    • Guest: Any natural person benefiting from services offered by the Tourist Accommodation Facility.

    • Tourism Accommodation Facility Officials: the natural persons working in the Tourist Accommodation Facility under the responsibility of the Licensee.

    • Price List: A written specified and declared statement listing the fees for services provided by the Tourist Accommodation Facility to its Guests, including any official taxes or charges.

    • Fees: The financial amounts collected by the Ministry for the services it provides, in accordance with the Law and the Regulation.

    • Procedure Manuals: Instructions, guidelines and criteria related to the terms and requirements for operating a Tourist Accommodation Facility in accordance with the provisions of the Law, the Regulation, directions and circulars issued by the Ministry.

    • Technical Means: All electronic means and services specified by the Regulation or Procedure Manuals.

    • Competent Committee: The committee entrusted with reviewing the violations of the Law and the Regulation and imposing the penalties set forth in the Law.

    • Monitoring: Actions and procedures specified in the Regulation or Procedure Manuals to ensure compliance of the Tourist Accommodation Facility with the provisions of the Law and Regulation.

    • Inspector: Any person authorized pursuant to a decision issued by the Minister, or whoever he delegates, to perform Monitoring and Inspection on Tourist Accommodation Facilities.

    • Inspection: Examinations, visits and Monitoring carried out by the Inspector to the Tourist Accommodation Facilities to ensure compliance with the provisions of the Law and the Regulation.

    • Detection Record: A tool used by the Ministry during the Monitoring and Inspection process to detect violations, as determined by the Procedure Manuals.

    • Hidden Inspector: Any specialist assigned by the Ministry to conduct a secret and unannounced measurements to Tourist Accommodation Facility to measure the quality level of services provided and ensure compliance with relative laws, regulations, and criteria. The inspector shall perform this process through an overnight stay at the facility or trying out one or more of the services provided at the Tourist Accommodation Facility.

    • National Tourism Monitoring Platform: An electronic platform that collects data and statistics and monitors the performance of Tourist Accommodation Facilities and tourist traffic in the Kingdom of Saudi Arabia.

    • Shomoos System: An electronic system through which Guests’ data are recorded, upon check-in to Tourist Accommodation Facility, and electronically transmit the data to the competent authorities.

Article (2):

  • This Regulation aims to regulate the practice of operating Tourist Accommodation Facilities, identifying the process and terms of obtaining the license and classification certificate and due continuous obligations, in addition to measures of monitoring, inspection, and complaints

Chapter Two: Licensing

Article (3):

  • No any person is allowed to practice Operating Tourist Accommodation Facilities unless he obtains license.

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Article (4):

  • License applicant shall submit the application to the Ministry in accordance with the Procedure Manuals and the following terms and requirements:

    • First: General terms of application to obtain the license:

      • A) The following terms and requirements shall be satisfied:

        • 1. The applicant shall be a Saudi, natural or legal, person or a foreign investor obtained a license to practice commercial activity in the Kingdom in accordance with applicable laws and regulations.

        • 2. The applicant shall not have been convicted of any offence involving integrity, unless rehabilitated.

        • 3. A license-revocation ruling shall not have been issued against the applicant for violation of the Law or Regulations, unless, at the time of application, (5) five years elapsed since the issuance of the ruling.

        • 4. The applicant shall appoint a representative of the Tourist Accommodation Facility assigned with communicating with the Ministry 247/ throughout the application process or after obtaining the License.

        • 5. The applicant shall submit the following documents:

          • Proof of the National Address information and the official addresses of the Tourist Accommodation Facility (wherever applicable).

          • A title deed, contract, or what proves the right to use the property for practicing the activity of Tourist Accommodation Facility, as determined by the Procedures Manuals.

          • The original plans issued by a licensed architecture office.

          •  An undertaking signed by the applicant of the License stating the authenticity of documents and data submitted for obtaining the License.

      • B. The Ministry shall verify all terms and requirements stipulated in Clause (A/First) of this Article in accordance to Procedure Manuals. If all requirements are satisfied, Application Approval shall be issued for the license request.

      • C. The Ministry shall transfer the Approved Application in accordance to sub article (B/First) of this Article and the Procedure Manuals to the competent governmental authorities to finalize and issue the required approvals to complete the License procedures.

    • Second: The Due terms and Requirements to obtain the License:

      • 1. A commercial register issued by the Ministry of Commerce, and articles of association (for companies), if any.

      • 2. A valid license from the Ministry of Municipal and Rural Affairs.

      • 3. A valid license from the General Directorate of Civil Defense.

      • 4. A proof of the right to use trademarks (the logo if any) according to the relevant legal procedures.

      • 5. Direct electronic connection with the Ministry of Tourism via the National Tourism Monitoring Platform for data and information communication.

      • 6. Electronic connection with Shomoos Security System.

      • 7. Minimum of (One Star) classification criteria for all Tourist Accommodation Facilities with the stars classification system, in accordance with the Annex to this Regulation.

      • 8. Minimum of (Economic) classification criteria for all Tourist Accommodation Facilities with the grade classification system, in accordance with the Annex to this Regulation.

      • 9. All licensing requirements shall be met in other types of Tourist Accommodation Facilities that were not stated in Clauses (8 & 9/Second) of this Article, in accordance with the Annex to this Regulation.

Article (5):

  • 1. Upon satisfaction of the terms and requirements stipulated in Clause (First & Second) of Article 4 of this Regulation and subject to the payment of any issued fines (if any); and completion of the application the Ministry shall:

    • a. Review the application in accordance with the mechanism and timeframe specified in the Procedure Manuals.

    • b. Inspect the Tourist Accommodation Facility and verify conformity and accuracy of the information and documents submitted by the License applicant and to ensure that the terms and requirements are met by the Licensee. And a report shall be prepared.

  • 2. The Ministry may seek the assistance of any technical or specialized entity to carry out the inspection works and verify conformity with the terms and requirements stipulated in Clauses (A) and (B) of this Article.

Article (6):

  • Upon completing the application, satisfying the terms and requirements stipulated in Articles (4) and (5) of these Regulations, and there are no observations and completion of the application and payment of fees and fines-if any-; the Ministry shall within (10) working days:

    • 1. Issue the License in accordance with the mechanism specified in the Procedure Manuals.

    • 2. Receive the Classification Certificate application, the Licensee shall have the right to be granted a period not exceeding (180) one hundred and eighty days to apply for the required Classification Certificate and the class or grade in accordance with the Procedure Manuals

Article (7):

  • If the Ministry approved the License application, the Ministry issues the License according to the following:

    • 1. The License validity shall not exceed a renewable (One) year in accordance with the Procedure Manuals.

    • 2. The License shall state the Licensee›s information, commercial name, date of issuance and expiry, facility address and any further information as deemed required by the Procedure Manuals.

Article (8)

  • If the Ministry rejects the License application, the following is to be taken into consideration:

    • a. the rejection shall be based on reasons, and the License applicant shall be notified of the decision on his official addresses in accordance with the Procedure Manuals.

    • b. the License applicant shall have the right to object before the Minister within (60) sixty days from the date notifying of the rejection.

    • c. the License applicant shall be notified of the result of his objection, when it is approved by the Minister, on his official addresses.

    • d. in the event of rejection or no-response, the License applicant may appeal before the competent court.

    • e. the License applicant may apply to the Ministry for refunding the fees paid

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