Travel and Tour Services

• Travel and tour services are classified as Primary Tourism Enterprises
• These enterprises must be accredited by the Department of Tourism (DOT)
• Accreditation ensures quality facilities and service standards

Tour Operator

• An entity engaged in arranging transportation, accommodation, and inbound tours for individuals or groups
• Services are provided for a fee, commission, or any form of compensation

Tour Guide

• An individual who guides tourists, both foreign and domestic
• Services are provided for a fee, commission, or any lawful remuneration

Travel Agency

• A travel agency makes travel arrangements for customers
• Services include procuring tickets, facilitating travel permits or visas, and booking tours
• Acts as an agent of the common carrier
• Licensed travel agencies accredited by the Department of Foreign Affairs can file for passport renewals
• The agent is responsible for the authenticity of supporting documents

Accreditation for Tour Operators

• Resident Filipino citizens registered as a single proprietorship can apply
• Partnerships must have at least 60% Filipino ownership of capital
• Corporations must have at least 60% Filipino ownership of subscribed common or voting shares, with a 60% Filipino board of directors
• Corporations with more than 40% foreign ownership must have at least US$200,000.00 paid-in capital
• Cooperatives duly organized under Philippine laws can apply

Mandatory Documents for New Applications

• Valid Mayor's/Business Permit is required
• Proof of working capital of Php500,000.00 is needed
• For corporations/partnerships, Php500,000.00 paid-up/partners' capital is necessary
• For single proprietorships, provide an original copy of bank certification with cheque writer
• Manager needs 3 years experience in travel/tour agency operations or pass a Travel and Tour Agency Management Course (or equivalent)
• A notarized list of names of all officials and employees with office designation and nationality is mandatory

Minimum Office Requirements

• Must be in a commercial area/building
• Must be easily identifiable and exclusively for travel and tour operations
• Must be adequately furnished (table, chairs, computer, printer, telephone)
• Minimum floor area of 18 square meters
• Branch offices (tour desks in other locations) are exempt from the minimum size requirement
• Need at least three employees: General Manager, reservation officer, and tour/product development officer
• Offices must be ventilated or have temperature control, maintained between 20-25 degrees year-round, except in areas above 2000 ft

Validity of Accreditation

• Accreditation is valid for two years
• Mayor's/Business permit and other documents must be renewed and submitted upon expiration

Online Travel and Tour Agencies

• Must comply with all basic requirements of a regular travel and tour agency

Accreditation of Tour Guides

• A tour guide must submit specific requirements for accreditation
• Valid Mayor's/Occupational/Working Permit (except for Senior Citizens)
• Certificate of completion of a Tour Guiding Seminar conducted by the DOT
• Valid Health Certificate from a licensed physician
• Regional Guides: Valid NBI Clearance (except for Senior Citizens)
• Community Guide: Valid Police Clearance (except for Senior Citizens)

Responsibilities of Travel and Tour Services

• Travel agencies must take necessary precautions and exercise diligence
• Extraordinary diligence is not required in travel or tour contracts
• Tour operators must be held to strict accounting for contracted services
• Tour guides must attend to tourists' needs, anticipate problems, and arrange medical attention if needed

Prohibition Against Engaging in Recruitment Activities

• Travel agencies are prohibited from engaging in recruitment by Article 26 of the Labor Code of the Philippines
• Travel agencies and airline sales agencies cannot recruit/place workers for overseas employment
• Disqualified parties include travel agencies, airline sales agencies, and their officers or board members

E-Ticketing and E-Commerce

• Reduces costs and improves passenger convenience
• Reduces processing charges, eliminates paper, and allows flexibility for changes
• An electronic document refers to information or data, figures, symbols, etc that establishes a right or obligation, or proves/affirm a fact
• Confirmation in e-ticketing is an electronic document equivalent to a passage or airline ticket
• Electronic documents have the same legal effect, validity, and enforceability as any other document

Online Tour Packages

• No current law regulates them
• Fraudulent selling of bogus tour packages is a punishable crime (swindling under Article 316 of the Revised Penal Code)
• Misrepresentations regarding inclusions in tour packages make a tour company liable for damages

Meetings, Incentives, Conventions, and Exhibitions (MICE) Organizers

• Like tour operators, classified as Primary Tourism Enterprises
• Required to obtain accreditation from the DOT
• Convention: gathering to exchange/disseminate views, expertise, knowledge, skills, or information
• Conference: general sessions and face-to-face groups to plan, get facts, solve problems
• Congress: European designation for convention; mainly international
• Seminar: face-to-face, sharing experiences, guided by an expert, max 30 people
• Lecture: formal presentation by an expert, with a question-and-answer period
• Symposium: experts' panel discussion before a large audience with limited participation
• Forum: experts' panel discussing opposite sides of an issue, with liberal audience participation
• Workshop: participants training each other to gain knowledge/skills; attendance is generally 30-35
• Colloquium: Program where participants determine discussion matters; 35 people or less
• Professional Congress Organizer (PCO): manages conventions as an official, consultant, volunteer retaining professional

Accreditation of MICE Organizers

• Person applying for accreditation must submit these:
• Duly Accomplished and Notarized Application Form
• Valid Mayor's Permit and/or Business License
• Valid Department of Trade and Industry (DTI) Permit or Securities and Exchange (SEC) Registration
• Other documents as deemed necessary by DOT

Specific Requirements for Regular Accreditation

• Company Profile/Portfolio
• Audited Financial Statements reflecting a minimum of Php500,000.00 working capital
• General manager has 3 years event organizing experience or Professional Congress Organizer/Event Organizer's Training

Premium Accreditation Requirements

• Proof of successful handling of at least 5 domestic and international events organized with 1,000 participants per event or 100 exhibitors
• Audited Financial Statements reflecting a minimum of Php1,000,000.00 working capital
• Proof of membership of good standing from any recognized MICE Organizations/Associations
• Award/Commendation received from reputable institutions/organizations
• Organizer must comply with MICE facility/venue requirements

MICE Organizer Facility/Venue Requirements

• Regular accreditation: Comprehensive General Liability Insurance Policy (minimum amount of coverage: Php500,000.00)
• Premium accreditation: Comprehensive General Liability Insurance Policy (minimum coverage: Php1,000,000.00), Quality Assurance Certification/Award given by an international/national organization

Crimes During Conferences, Exhibitions, Trade Shows

• Rape is committed by fraudulent machination or grave abuse of authority
• Occurs when a man has carnal knowledge of a woman under certain circumstances (Anti-Rape law of 1997, Republic Act No. 8353)

Trafficking in Persons Act

• Republic Act No. 10364, section 4
• Unlawful acts
• Undertaking or organizing tours/travel plans for tourism purposes for prostitution, pornography, or sexual exploitation
• Maintain or hire a person to engage in prostitution or pornography
• Adopt or facilitate adoption of people for prostitution, pornography or sexual exploitation

Trafficking definition

• Refers to the recruitment, of persons with or without the victim's consent or knowledge, within or across national borders, through fraud, deception, abuse of power or position
• Or giving/receiving payments or benefits that achieve the consent of a person having control over another person for exploitation which includes at a minimum, the exploitation or prostitution of others or other forms of sexual exploitation

Sexual Exploitation

• Refers to participation by a person in prostitution or pornographic materials due to being subjected to deception, abuse, fraud, or a victim's vulnerability

Pornography

• Refers to representation through publication, exhibition, cinematography, indecent shows, information technology of people engaged in real or simulated explicit sexual activities

Casinos and Gaming Establishments

• Philippine Gaming and Amusement Corporation (PAGCOR) regulates games of chance
• PAGCOR oversees gaming casinos, generates funds for projects, and curbs gambling
• PAGCOR was granted 25 years to operate and maintain casinos, clubs, and recreation places
• All persons primarily engaged in gambling with PAGCOR shall register and affiliate their businesses with it

Laws Regulating Churches, Monuments, National Shrines, Landmarks

• Declared under Presidential Decree No. 260
• Sta. Ana Site Museum in Manila
• Roman Catholic Churches of Paoay and Bacarra in Ilocos Norte
• San Agustin Church and Liturgical Objects therein in Intramuros, Manila
• Fort Pilar in Zamboanga City
• Petroglyphs of the Rockshelter in Angono, Rizal
• Petroglyphs or Alab, Bontoc
• Stone Agricultural Calendar of Dap-Ay Guiday in Besao, Bontoc
• Mummy Caves of Kabayan, Benquet, Sagada and Alab, Bontoc
• Rice Terraces of Banaue as National Cultural Treasures
• Barasoain Church in Malolos, Bulacan
• Tirad Pass in Cervantes, Ilocos Sur
• Miagao Church in Miagao, Iloilo
• Site of the Battle of Mactan in Mactan Island, Cebu
• San Sebastian Church in Quiapo, Manila
• Church and Convent of Santo Niño in Cebu City
• Karim ul-Makhdum Mosque of Simunul, Tawi-Tawi
• 200-year-old Basilica of Taal, Batangas
• Church of Sta. Maria, Ilocos Sur
• All ancestral houses along Rizal Street, Silay City, Negros Occidental
• It is unlawful to modify, alter, repair, or destroy their features without permission from the National Historical Institute