Violations of the tourist hospitality facility regulations

Violations of the tourist hospitality facility regulations

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

The tourism sector in the Kingdom is one of the most promising sectors, receiving widespread attention and careful regulatory care to ensure exceptional experiences for visitors and tourists. 

To achieve this goal, the Ministry of Tourism has established strict regulatory rules through the Tourist Hospitality Facility Regulations to control the quality of service provision and protect the rights of all parties.

Because ignorance of the regulations does not absolve responsibility, familiarity with violations and potential penalties is the first shield of protection for any investor or operator in this vital sector.

Because dealing with regulations and administrative violations requires precise legal expertise, the office of Attorney Abdul Majeed Al Rashid connects you with a select group of the best licensed lawyers to provide immediate legal advice and formulate objections professionally, ensuring the protection of your tourism facility.

What are the regulations for a tourist hospitality facility?

It is a regulatory regulation issued by the Ministry of Tourism in Saudi Arabia with the aim of regulating the terms and conditions of tourist hospitality facilities, defining their obligations, and regulating the licensing mechanism, duration, and fees required to operate the tourist facility.

What is meant by a tourist hospitality facility?

Article 1 of the regulations defines a tourist hospitality facility as any place that provides an overnight service to a tourist in exchange for a fee, whether this facility operates permanently or temporarily.

Types of tourist facilities in Saudi Arabia

• Hotels.
• Camps.
• Resorts.
• Hotel villas.
• Heritage hotels.
• Hotel apartments.
• Chalets.
• El Nazl.

The Ministry of Tourism is responsible for issuing the necessary licenses for each type of tourist facility according to its classification and the services provided therein.

What are the penalties included in the list of violations and penalties for the activity of a tourist hospitality facility?

Article 16 of the Tourism Law stipulates the penalties imposed on anyone who violates the provisions of the law and its regulatory regulations, including the Tourist Hospitality Facility Regulations, which are:

• Alarm.
• Closing the tourist facility or part of it permanently or temporarily.
• downgrade.
• Suspension of the license for a period not exceeding one year.
• License cancellation.
• A fine not exceeding one million Saudi riyals.

The penalty is determined according to the Ministry of Tourism’s schedule of violations and penalties, as follows:

• The seriousness of the violation.
• Classification of tourist facility.
• Geographical location.

For example, the value of the violation is higher if the hotel is rated 5 stars compared to 3-star hotels, and also if the violation occurs in the city of Riyadh, its value is higher compared to the city of Namas.

Table of violations and penalties for the activity of the tourist hospitality facility

Table of violations and penalties for the activity of the tourist hospitality facility

• Anyone who commits these violations will be punished:
  • Violation of practicing the activity before obtaining a license.
  • Violation of practicing the activity after the expiration of the license.
  • Violation of practicing the activity after canceling the license.
  • Violation of practicing the activity during the license suspension period.

With the following penalties:

• A fine ranging from 250,000 to 50,000 Saudi riyals, doubled if the violation is repeated.
• Permanently close the tourist facility until the violation is corrected.
• Violation of non-compliance with the pledge to provide licensing requirements upon renewal: The violator shall be punished with a fine of 5,000 Saudi riyals, which shall be doubled upon repetition of the violation.
• Violation of enabling others to use the license without the Ministry’s approval: The violator shall be punished with:
  • A fine of 50,000 Saudi riyals, doubled if the violation is repeated.
  • License cancellation.
• Violation of preventing the inspector from performing his duties stipulated in the Tourism Law and its regulations: The violator shall be punished with a fine ranging from 10,000 to 5,000 Saudi riyals, which shall be doubled in the event of a repeat violation.
• Violation of using the Ministry’s name and logo in any advertisement or marketing activity without obtaining the Ministry’s approval: The violator shall be punished with a fine ranging from 10,000 to 500 Saudi riyals, which shall be doubled if the violation is repeated.
• Lack of approvals and licenses from the competent authorities regarding holding any events or commercial activities within the tourist hospitality facility: The violator shall be punished with:
  • A fine of 25,000 Saudi riyals, doubled if the violation is repeated.
  • Temporarily close the tourist facility until the violation is corrected.
  • License cancellation.
• Failure to implement public health rules and requirements in a tourist hospitality facility: The violator shall be punished with a fine ranging from 5,000 to 1,000 Saudi riyals, which shall be doubled upon repetition.
• Failure to use images that match the actual reality of the tourist hospitality facility when publishing or advertising them: The violator shall be punished with a fine ranging from 20,000 to 5,000 Saudi riyals, with the fine being doubled upon repetition.
• Failure to register the tourist’s entry and exit data from the unit in the tourist hospitality facility in the associated electronic reservation and registration systems, which are the National Tourism Monitoring Platform and the Shams System: The violator shall be punished with a fine ranging from 10,000 to 500 Saudi riyals, and the fine shall be doubled upon repetition.

How do I file an objection to violations by the Ministry of Tourism?

How do I file an objection to violations by the Ministry of Tourism?

Objections to Ministry of Tourism violations are submitted electronically through the Ministry’s website, where the objection is reviewed and decided upon.

Anyone whose right has been violated has the right to submit an objection before the Administrative Court if the Ministry does not respond to the grievance or the objection is rejected.

How long does it take to object to violations by the Ministry of Tourism?

The period for objecting to violations of the Ministry of Tourism shall be 60 days from the date of notification of the violation decision in accordance with Paragraph 6 of Article 16 of the Tourism Law.

How to inquire about violations of the Ministry of Tourism?

The Ministry of Tourism has provided a violations display and management service that enables beneficiaries to review and file objections to violations issued against them by following these steps:

• Log in to the Ministry of Tourism website through the National Unified Access Account or the account registered with the Ministry.
• View recorded violations.
• Violation management.

Adhering to the tourist hospitality facility regulations and avoiding violations is a lifeline for any investor seeking sustainability and success in the growing tourism sector in the Kingdom. Although establishments are keen to comply, some challenges may occur or violations may be issued that require prompt legal intervention.

Therefore, hiring a specialized administrative lawyer from the office of Lawyer Abdul Majeed Al Rashid who possesses the necessary legal expertise to deal with the decisions of the Ministry of Tourism and draft objection memoranda professionally is the safest step to protect your investment and avoid heavy fines or closure.