Hospitality Laws PDF

MODULE 1 ★ Record-Keeping for Hospitality Laws ○ Employees who know and understand hospitalit...

MODULE 1 ★ Record-Keeping for Hospitality Laws ○ Employees who know and understand hospitality laws can keep more accurate Law records and will be less likely to throw ★ a guideline to the operation of all aspects of the away or delete important documentation society that must follow. ○ Without proper record-keeping, business ★ In tourism and hospitality industry they are could get into trouble with a variety of implemented to secure both parties’ business governmental agencies, over or underpay providing goods and services to the customers. employees, and even miss out on important tax deductions IMPORTANCE OF KNOWLEDGE OF LAWS IN THE HOSPITALITY INDUSTRY MODULE 2 ★ Keeping Customers Safe All Primary Tourism Enterprises (Accommodation, ○ Major role in the hospitality industry Travel and Tour Services, and MICE) and Secondary ○ Clean and well stored foods keep your Tourism Enterprises (Health and Wellness Services, customers safe and help business avoid Tourism Related Enterprises, and Tourism Frontliner) are lawsuits and fines required to secure accreditation issued by the Department of ○ Places that serve food must be vigilant about Tourism. knowing their suppliers ○ Hotel and Motel Fire Safety Act Safety law which maintains a list of RULES AND REGULATIONS TO GOVERN THE hotels that meet minimum fire ACCREDITATION OF HOTELS safety guidelines If a hotel follows these guidelines, Chapter 1: Definition of Terms federal employees can stay at your business, increase customer base, Hotel and customer can rest easy ★ A building, edifice or premises, or a completely ○ Restaurants’ Fire Safety Laws independent part thereof, which is used for the Maximum occupancy regular reception, accommodation, or lodging of Ample exits travelers and tourists and the provision of services Keeping aisles clear incidental thereto for a fee ★ Protecting Your Reputation Resort ○ Knowledge of hospitality regulations ★ Any place with pleasant environment and atmosphere protects your business’ reputation conductive to comfort, healthful relaxation and rest, ○ Unsafe or unsanitary conditions affect your offering food, sleeping accommodation, and reputation recreational facilities to the public for a fee of ○ Hotels have to provide access to disabled remuneration patrons or else the business could face lawsuits, protests, and negative publicity Tourist Inn ○ Discriminating against people of the basis of ★ A lodging establishment catering to transients which sex, race, religion, disability, status, or age does not meet the minimum requirements of an can draw unwanted negative attention economy hotel ○ Staff members should be trained to understand what constitutes discrimination Apartel to be aware of their legal obligation ★ Any building or edifice containing several independent and furnished or semi-furnished ★ Honoring Agreements and Fair Marketing apartments, regularly leased to tourists and travelers ○ Deceptive marketing is illegal for dwelling on a more or less long term basis and ○ Advertising an “as low as” price could be offering basic services to tenants considered a form of “bait and switch” ★ Similar to hotels advertising if the price seems to never be available and customers are instead guided Pension House to higher-priced ★ A private or family-operated tourist boarding house, ○ Record-keeping can be overwhelming but tourist guest house or tourist lodging house could become quite valuable resources employing non-professional domestic helpers ○ Food businesses have to maintain tip sheets regularly catering to tourists and travelers indicating the tips employees receive ★ Containing several independent lettable rooms, ○ All hospitality businesses must keep proving common facilities accurate and up-to-date employment ★ Combination of board and lodging agreements and payroll tax paperworks Motorist Hotel (Motel) ○ Banquet hall (with capacity of not less than ★ Any structure with several separate units, primarily 200 people seated) located along the highway with individual or ○ Private dining room common parking space at which motorists may ★ A medical clinic to service guests and employees obtain lodging and sometimes, meals. shall have a registered nurse on a 24-hour basis and a doctor on-call Department or DOT ★ Department of Tourism Requirements for a First Class Hotel Accreditation ★ Certification issued by the Department that the holder Location is recognized as having complied with its minimum ★ The locality and environs including approaches shall standards in the operation of the establishment be suitable for a first class hotel of international concerned which shall ensure safety, comfort, and standard convenience of tourists ★ The facade, architectural features and general construction of the building shall have the distinctive Chapter 2: Classification of and Standard Requirements for qualities of a first class hotel Hotels Bedroom Facilities and Furnishings Hotel Classifications ★ All single and double rooms shall have a floor area of ★ De Luxe Class not less than twenty-five (25) square meters, ★ First Class inclusive bathrooms ★ Standard Class ★ There shall be one (1) suite per forty (40) guest ★ Economy Class rooms ★ There shall be a telephone in each guest room ★ There shall be a 24-hour room service (including Requirements for a De Luxe Class Hotel provisions for snacks and light refreshments) ★ There shall be a 24-hour porter service Location ★ Locality and environs including approaches shall be Recreational Facilities & Entertainment suitable for a luxury hotel of international standard ★ Tennis/Golf/Squash/Gym Facilities ★ The faced, architectural features and general ○ There shall be at least one recreational construction of the building shall have the distinctive facility or a tie-up with one within the qualities of a luxury hotel vicinity of the hotel ★ Live entertainment shall be provided Bedroom Facilities and Furnishings ★ All single and double rooms shall have a floor are of Engineering and Maintenance not less than twenty-five (25) square meters, ★ All private and public rooms shall be airconditioned inclusive of bathrooms (except in areas which are at a minimum of 3,000 feet ★ There shall be one (1) suite per thirty (30) guest above sea level) rooms ★ There shall be a telephone in each guest room and an General Service extension line in the bathroom of each suite ★ A medical clinic to service guests and empoyees with ★ There shall be a 24-hour room service (including a registered nurse on a 24-hour basis and a doctor provisions for snacks and light refreshments) on-call shall be provided ★ These shall be special rooms for conference/banquet Recreational Facilities & Entertainment purposes ★ Tennis/Gold/Squash/Gym Facilities ○ At least one recreational facility or a tie-up Requirements for a Standard Class Hotel with one within the vicinity of hotel ★ Live entertainment shall be provided. ★ All single and double rooms shall have a floor area of not less than eighteen (18) square meters, inclusive of Engineering and Maintenance bathrooms ★ Centralized air-conditioning for the entire building ★ There shall be a telephone in each guest room (except areas which are at a minimum of 3000 feet ★ Room service shall be provided at selected hours above sea level) ★ There shall be a reception/information counter providing a 24-hour service and attended by qualified General Service and experienced staff ★ There shall be a 24-hour porter service ★ Porter service shall be provided upon request ★ There shall be one or more of each of the following: ★ At least 75% of the rooms shall be airconditioned ○ Conference room (except areas which are at a minimum of 3,000 feet above sea level)  ★ There shall be a registered nurse on a 24-hour duty ★ There shall be a clean and adequate public toilet and and a doctor on-call bathroom for male and female, provided with sufficient running water, toilet papet, and soap ★ The resort shall offer at least two (2) sports and Requirements for an Economy Class Hotel recreational facilities ★ All single and double rooms shall have a floor area of not less than eighteen (18) square meters, inclusive of Requirements for a Special Interest Resort bathrooms ★ There shall be a call bell in each guest room ★ There shall be at least five (5) lettable bedrooms for ★ Room service shall be provided at selected hours permanent site operations, sufficient and fresh supply ★ Porter service shall be provided upon request of clean linen, mirror and electric fan except in places ★ At least 50% of the rooms shall be airconditioned where electricity is not available (except in areas which are at a minimum of 3,000 feet ★ For movable operation, a minimum of sixteen (16) above sea lovel) guests plus the staff shall be accommodated in tents, lean-tos and the like. Where permanent tents are Chapter 3: Classification and Standard Requirements for used, flooring shall be at least four (4) inches above Resorts the ground ★ Tents shall be provided with adequate beddings Kinds of Resort suitable for tropical use. Theme parks may be ★ Resorts may be categorized as: exempted from this requirement ○ beach resort (located along the seashore) ○ Inland resort (located within the town GENERAL RULES ON THE OPERATIONS AND proper or city) MANAGEMENT OF RESORTS ○ Island resort (located in natural or man-made island within the internal waters All resorts shall provide the services of a physician, of the Philippines Archipelago) either on-call or on full-time basis, depending on ○ Lakeside or riverside resort (located along their volume of operation and accessibility to hospital or near the bank of a lake or river) or medical centers. In additions, resorts shall employ ○ Mountain resort (located ar or near a adequate first-aiders who have completed a course in mountain or hill) first aide duly certified by the National Red Cross or ○ Theme parks any other organization accredited by the same. Adequate first aide medicine and necessary Classification of Resorts life-saving equipment shall be provided within the Class “AAA” premises Class “AA” All resorts shall provide the services of a sufficient Class “A” number of well-trained lifeguards duly accredited by Special Interest Resort either the Philippine National Red Cross, the Water Life Saving Association of the Philippines or any recognized organization training or promoting safety Requirements for Class “AAA” Resort objectives, and adequate security whenever there are ★ The resort shall have its rooms, facilities and guests amenities equivalent to those of a First Class Hotel In no case shall the resort management allow required swimming at the beach front beyond 10:00PM an ★ The resort shall offer at least four (4) sports and appropriate notice shall be posted to inform the resort recreational facilities guests of this regulation ★ conferece/convetion facilities with attached toilets shall be provided Standard Requirements for Apartels ★ Shall have at least a minimum of twenty-five (25) Requirements for Class “AA” Resort lettable apartments ★ The resort shall have its rooms, facilities and ★ Each apartments of the apartel shall be provided with amenities equivalent to those of a Standard Class living and dining areas, kitchen, and bedroom ith Hotel required attached toilet and bath ★ The resort shall offer at least three (3) sports and ★ An elevator shall be provided for a building of more recreational facilities than three (3) storey wherever possible ★ conference /convention facilities shall be provided ★ An emergency clinic, stocked with emergency medicines and drugs to service employees and guests shall be provided. Apartel with more than one Requirements for a Class “A” Resort hundred (100) apartments shall secure the regular ★ Shall have its rooms equivalent to those of an services of a house physician Economy Class Hotel as required  Bureau of Immigration and the appropriate permit Standard Requirements for Tourist Inns from the Department of Labor and Employement ★ All single bedrooms shall have a floor area of not less ★ Mayor’s permit and/or municipal license than nine (9) square meters and all twin-rooms or ★ Such other papers or documents as may required double-rooms shall have a floor area of not less than from time to time by the Department sixteen (16) square meters ★ The Certificate of Accreditation shall be valid for a ★ There shall be adequate parking space for vehicles period of one (1) year from the date of issue, unless proportionate to the number of lettable rooms and sooner revoked by the Department other public facilities of the inn ★ Inn with more than fifty (50) lettable rooms shall GROUNDS FOR CANCELLATION OF have emergency power facilities to light the common ACCREDITATION areas and emergency exits in case of power failure ★ Making any false declaration of statement or making use of any such declaration or statement or any document containing the same or commiting fraud or Standard Requirements for Motels any act of misrepresentation for the purpose of ★ The motel, except those already existing shall be obtaining the issuance of accreditation located along or close to the highways or major ★ Failure to comply with or contraven any of the transportation routes. It shall have at least ten (10) conditions set forth in the certificate of accreditation units ★ Failure to meet the standards and requirements for the ★ Registry operation of the establishment ○ All motels shall keep a Motel Registry ★ Allowing or permitting the establishment or its Book. all guests seeking accommodation in facilities to be used for illegal, immoral or illicit the establishment shall be required to activities register the following particulars in the ★ Violation of or non-compliance with any of the Registry Book: provisions of there Rules, promulgated orders, Full name decisions and circular issued by the Department anf Address other concerned government agencies Number, date and place of issue of residence certificate, class “A”, or SUPERVISION OF ACCREDITED ESTABLISHMENTS driver’s license, or passport Display of Certificate of Accreditation ★ Minors to be accompanied by Parent or Guardian ★ The certificate of accreditation shall be displayed in a ○ No motel shall accept for lodging or conspicuous place of the establishment accommodation any person below 18 years of age unless accompanied by a paried or Non-Transferability of Certificate of Accreditation guardian ★ The rights over the accreditation shall be non-transferable Standard Requirements for Pension Periodic Inspection ★ A pension shall have at least five (5) lettable rooms ★ When necessary or when public good dictates, the ★ The establishment shall provide a toilet a toilet and Department may send an inspection team to the bathroom to be used in common by the guests. There establishment for the purpose of finding out whether shall be at least one (1) toilet and one (1) it is being kept and/or managed in a manner bathroom/shoer for every five (5) guests conformable to the standards set by the Department. The inspection shall be conducted at a reasonable APPLICATION FOR ACCREDITATION time of the day with due regard and respect accorded Supporting Documents to be Submitted with Application to the right to privacy of parties concerned ★ Unless otherwise indicated in the form, the application shall be accompanied by two (2) copies of RULES AND REGULATIONS TO GOVERN THE the following documents ACCREDITATION OF TOURISM-RELATED ★ In the case of corporation or partnership, a certified ESTABLISHMENT true copy of the Articles of Incorporation, its by-laws, or Articles of Partnership and amendments thereof, Definition of Terms duly registered with the Securities and Exchange Commission, and Business Name certificate and Restaurant amendments thereof, if any. ★ Any establishment offering to the public refreshments ★ Applicant’s latest income tax return and audited and/or meals financial statements for the preceding year of its operation (not applicable for new establishments) Department Store ★ List of the names of all officials and employees and ★ A store that sells or carries several lines of their respective designations, antionalities, home merchandise and that is organized into separate addresses; for alien personnel – valid visa from the sections for the purpose of promotion, service, accounting, and control  with the menu items listed in logical Shop sequence. All items shall be made available ★ A small retail establishment offering a line of goods at all times on a best-effort basis and services ★ Crockery ○ No piece of crockery, cutlery, and tableware Sports and Recreational Club/Center in use shall be chipped, cracked, or grazed. ★ Any establishment offering sports and recreational The silverware shall be kept polished and facilities to tourist and to the general public clean at all times Museum Kitchen ★ An institutional establishment where a collection of ★ The kitchen, pantry, and cold storage shall be in good valuable objects and artifacts on history and culture, operating condition at all times and shall be arts, and sciences are put on exhibition for the general well-equipped and hygienic public ★ Equipment necessary to maintain a high standard of sanitation and hygiene shall be installed and used Training Center ★ Any establishment which offers one or more training Fire-Fighting Facilities programs for tourism manpower development and ★ Adequate fire-fighting facilities shall be provided in which is equipped with training facilities, equipment accordance with the Fire Code of the Philippines and instructional staff Standard Requirements for Shops/Department Store Training Program ★ A module designed for tourism manpower Physical Requirements development The Shop Shall be Fully Airconditioned Trainor ★ Any individual who conducts training programs as In Case of Department Stores: specified in the preceding paragraph ★ The store shall be in an edifice or a building or may be part of a shopping mall/center National Homestay Program ★ Parking area shall be made available to clients ★ A program of the Department which provides ★ There shall be appropriate directional signs travelers with comfortable accommodations with Filipino families in areas near tourist attractions Service ★ A receipt shall be supplied to the tourists for each Accreditation purchase. The full name and address of the ★ A certification issued by the Department that the establishment shall be printed on the receipt, together holder is recognized by the Department as having with the number of the authorized business license. complied with its minimum standards in the Purchase shall be itemized together with the price, operation of the establishment concerned and any addition or tax paid or discount granted on the goods shall be indicated. ★ In case of antique shops, a certificate confirming Standard Requirements for Restaurant authenticity shall be attached to each article in Minimum Requirements accordance with the guidelines/instructions of the National Museum Parking ★ There shall be adequate, secured parking space Standard Requirements for Sports & Recreational Club provided for free for customers Minimum Requirements Reception ★ A reception shall be available to usher in guests. A Sports and Recreational Equipment waiting lounge with a telephone shall also be ★ There shall be adequate sports and recreational provided. equipment available for rent Dining Room Locker Area and Facilities ★ Cuisine ★ There shall be adequate number of lockers for male ○ There shall be cuisine of good quality and and female presentation available during normal meal ★ Dressing areas and shower cubicles shall also be minimum government and international provided standards ★ Menu Book/Card Standard Requirements for Museum ○ There shall be a menu book or card which shall be presentable, clean, and easy to read Minimum Requirements  REQUIREMENTS FOR RENEWAL OF Membership ACCREDITATION ★ The institution shall be a member of the National 1. List of all training programs conducted during the Committee on Museums previous year including the number of enrollees and graduates Conference 2. List of successful graduates per training program ★ There shall be a conference and/or auditorium including skills acquired and respective places of provided with audio-visual equipment and made employment available to the public Standard Requirements for Homestay Sites Standard Requirements for Training Center Homestay Sites Physical Requirements ★ There is prevailing peace and order situation in the area Size of Classroom ★ There are existing natural and man-made attractions ★ The classroom shall be able to accommodate a in the community minimum of twenty (20) trainees per class. For ★ Site is easily accessible to tourists and with existing purposes of workshop, the floor area shall be at a transportation services, good road condition and other minimum of 1.5 square meteri per trainee basic community infrastructures ★ The host community is willing to join the National Training Program Homestay Program ★ Relevance ★ There is a dearth of commercial accommodation ○ The training program shall respond to the facilities in the area to service tourists needs of tourism industry ★ Objectives Home Facilities ○ Its objectives shall be clearly defined, ★ Structures are of durable building materials and are in realistic, and attainable good presentable condition ★ Content/Curriculum ★ The surroundings are pleasant and healthful ○ The content/curriculum of the training ★ There shall be at least one (1) adequately furnished program shall be in consonance with its guest room to accommodate paying visitors objectives. Topics shall be in proper and ★ The following shall be available: logical sequence with due consideration to ○ Extra bed/s effectivenes of presentation in term of ○ adequate lighting system trainees’ comprehension ○ Running water or if not available, adequate ★ Methodology supply of water ○ There shall be an effective, simple, and ○ Clean and well-maintained toilet and comprehensive presentation of topics; clear bathroom facilities description of examination scheme and test ○ Meals at reasonable rates instruments relevant and practical and ○ Electric fan or other means of ventilation application of theories and concepts ★ Minimum Requirements/Qualifications of Standard Requirements for Rest Areas in Gasoline Participants Station ○ Minimum qualifications of participants shall be based on the standard acceptable to the Minimum Requirements tourism industry ★ Instructional Staff Rest Room ○ The instructional staff shall have thorough ★ There shall be a rest room with adequate, clean and experience and knowledge on the subject wellmaintained toilet and washing facilities. Tissue matter and effective communication skills paper, soap, hand paper/towel shall also be provided and teaching style ★ Monitoring and Evaluation Procedures Sundries Shop ○ The training program shall carry effective ★ There shall be an adequately stocked sundries shop monitoring and evaluation tools which shall be clean and well-maintained ★ Trainer/Faculty ○ Must have successfully completed the Physical Requirements Training-the-Trainers Program of the Department of Tourism and the Tourism Trainer/Faculty Industry Board Foundation, Inc. ★ Must have successfully completed the ○ In lieu thereof, the trainor must show proof Training-the-Trained Program of the Department of that she/he is handling as well as effective Tourism and the Tourism Industry Board communication skills and teaching style Foundation, Inc.  ★ In lieu thereof, the trainor must show proof that Documents Required for Application for Renewal of she/he has thorough experience and knowledge of the Accreditation subject matter she/he is handling as well as effective ★ A copy of the amended or revised articles of communication skills and teaching style incorporatio or articles of partnership and by-laws, if applicable ★ The list and information sheets of additional personnel, if any, including any change in the manpower complement of the company ★ Audited financial statements and income tax return covering the preceding year’s operation; Provided, General Rules on the Operation and Maintenance of that if this requirement is not available at the time of Tourism-Related Establishment renewal, the same shall be submitted not later that Prohibited Acts and Practices April 30 of the current year ★ No pets or animals shall be allowed within the ★ Mayor’s Permit/Municipal License premises ★ Ambulant vendors shall be prohibited from peddling their wares within the premises ★ All forms of gambling, drunkenness or disorderly conduct of any kind shall be prohibited in the establishments and within its immediate premises ★ Keppers, managers, or operators shall exert all possible efforts not to permit any person whom they know or have reason to believe to be either a prostitute, pedophile or of questionable character to use the establishment for purposes station the presence in the premises of any such person Application for Accreditation Supporting Documents to be Submitted with Application ★ In the case of Corporation or Partnership, a certified true copy of the Articles of Incorporation, its by-laws, or Articles of Partnership and amendments thereof, duly registered with the Securities and Exchange Commission, and Business Name Certificate ★ In case of Single Proprietorship, Business Name Certificate and amendments thereof, if any ★ Applicant’s lates income tax return and audited financial statement sheets for the preceding year of its operation (not applicable for new establishment) ★ List of the names of all officials and employees and their respective designation, nationalities, home address; for alien personnel – valid visa from Bureau of Immigration and the proper permit from the Department of Labor and Employment ★ Mayor’s Permit/Municipal License ★ Such other documents as may be required from time to time by the Department Report of the Team ★ Within five (5) days from the date of the inspection of the establishment and its immediate premises, the team shall render a report of its findings and/or recommendations Accreditaion Fees ★ An annual fee of Two Hundred and Twenty Pesos (P220.00) shall be collected from the applicants that have complied with the requirements for accreditation