5 laws regulating travek & tours & resto

LAWS LAWS REGULATING REGULATING

TRAVEL & TOUR TRAVEL & TOUR SERVICESSERVICES

NATURE & NATURE & DESCRIPTION OF THE DESCRIPTION OF THE BUSINESS (LAW)BUSINESS (LAW)

Tour Operator shall mean an entity which may either Tour Operator shall mean an entity which may either be a single proprietorship, partnership or corporation be a single proprietorship, partnership or corporation regularly engaged in the business of extending to regularly engaged in the business of extending to individuals or groups, such services pertaining to individuals or groups, such services pertaining to arrangements and bookings for transportation and or arrangements and bookings for transportation and or accommodation, handling and/or conduct of inbound accommodation, handling and/or conduct of inbound tours whether or not for a fee, commission, or any form tours whether or not for a fee, commission, or any form of compensation.of compensation.

Tour Guide shall mean an individual who guides Tour Guide shall mean an individual who guides tourists, both foreign and domestic, for a fee, tourists, both foreign and domestic, for a fee, commission, or any other form of lawful remuneration.commission, or any other form of lawful remuneration.

Discussion of the LawDiscussion of the Law

A travel agency’s services include A travel agency’s services include procuring tickets and facilitating travel procuring tickets and facilitating travel permits or visas as well as booking permits or visas as well as booking customer for tours.customer for tours.

Philippine Passport Act of 1996 – Philippine Passport Act of 1996 – renewal of application for the issuance of renewal of application for the issuance of passports may be filed by any licensed passports may be filed by any licensed travel agency duly accredited by the DFAtravel agency duly accredited by the DFA

ACCREDITATION OF ACCREDITATION OF TRAVEL AGENCIES TRAVEL AGENCIES AND TOUR OPERATORS AND TOUR OPERATORS (LAW)(LAW) Sec 2. Who May Apply for Accreditation. The following Sec 2. Who May Apply for Accreditation. The following

may apply for accreditation as tour operator and travel may apply for accreditation as tour operator and travel agency:agency:

A. A resident Filipino citizenA. A resident Filipino citizen B. A partnership organized under the laws of the B. A partnership organized under the laws of the

Philippines, at least 60% of its capital being owned by Philippines, at least 60% of its capital being owned by Filipino citizens; andFilipino citizens; and

C. Corporations organized under the laws of the C. Corporations organized under the laws of the Philippines, at least 60% of the subscribed common or Philippines, at least 60% of the subscribed common or voting shares of stocks of which is owned by Filipino voting shares of stocks of which is owned by Filipino citizens and the composition of its BODs being at least citizens and the composition of its BODs being at least 60% Filipinos. 60% Filipinos.

Accreditation under Accreditation under the International Air the International Air Transport AssociationTransport Association

2 Distinctive Types of Travel Agencies2 Distinctive Types of Travel Agencies Airline Appointed AgenciesAirline Appointed Agencies

Holding ticket stock or capable of e-ticketingHolding ticket stock or capable of e-ticketing

Travel Sales Intermediary AgenciesTravel Sales Intermediary Agencies Other categories of travel agenciesOther categories of travel agencies

AIRLINE APPOINTED AIRLINE APPOINTED SERVICESSERVICES

STANDARDS FOR ACCREDITATION:STANDARDS FOR ACCREDITATION: 1.) Manager Qualifier 1.) Manager Qualifier

Full time person authorized to make managerial decisions Full time person authorized to make managerial decisions and exercise daily supervision of the locationand exercise daily supervision of the location

2.) Technical Qualifier2.) Technical Qualifier Full time person who performs or supervises the Full time person who performs or supervises the

performance of all technical aspects of selling commercial performance of all technical aspects of selling commercial air transportationair transportation

3.) Premises3.) Premises 4.) Financial Capability4.) Financial Capability 5.) Security Standards5.) Security Standards

ACCREDITATION OF ACCREDITATION OF TOUR GUIDESTOUR GUIDES

Sec 9. Requirements for Issuance of Sec 9. Requirements for Issuance of Accreditation. An applicant for Accreditation. An applicant for accreditation as tour guide shall submit accreditation as tour guide shall submit the following:the following: Proof that the applicant has passed a Proof that the applicant has passed a

seminar for tour guidesseminar for tour guides Certificate of good healthCertificate of good health NBI ClearanceNBI Clearance Mayor’s PermitMayor’s Permit Latest ITRLatest ITR

PROHIBITION AGAINST PROHIBITION AGAINST ENGAGING IN ENGAGING IN RECRUITMENT RECRUITMENT ACTIVITIESACTIVITIES

Art 26 of Labor Code. Travel agencies Art 26 of Labor Code. Travel agencies and sales agencies of airline companies and sales agencies of airline companies are prohibited from engaging in the are prohibited from engaging in the business of recruitment and placement of business of recruitment and placement of workers for overseas employment workers for overseas employment whether for profit or not.whether for profit or not.

E-Ticketing E-Ticketing

It reduces ticket processing charges, It reduces ticket processing charges, eliminates the need for paper and allows eliminates the need for paper and allows greater flexibility to the passenger and greater flexibility to the passenger and the travel agent to make changes on the the travel agent to make changes on the itinerary.itinerary.

LAWS LAWS REGULATING REGULATING

RESTAURANTS & RESTAURANTS & OTHER TOURISM-OTHER TOURISM-

ORIENTED ORIENTED ESTABLISHMENTSESTABLISHMENTS

NATURE & NATURE & DESCRIPTION OF DESCRIPTION OF BUSINESBUSINES

A restaurant is any establishment A restaurant is any establishment offering to the public refreshments and/or offering to the public refreshments and/or meals.meals.

A department store is a store that sells or A department store is a store that sells or carries several lines of merchandise and carries several lines of merchandise and that is organized into separate sections that is organized into separate sections for the purpose of promotion, service, for the purpose of promotion, service, accounting, and control.accounting, and control.


A shop is a small retail establishment A shop is a small retail establishment offering a line of goods or services.offering a line of goods or services.

A sports and recreational club/center is A sports and recreational club/center is any establishment offering sports and any establishment offering sports and recreational facilities to tourist and to the recreational facilities to tourist and to the general public. general public.


A museum is an institutional A museum is an institutional establishment where a collection of establishment where a collection of valuable objects and artifacts on history valuable objects and artifacts on history and culture, arts and sciences are put on and culture, arts and sciences are put on exhibition for the general public.exhibition for the general public.

A karaoke bar is any establishment A karaoke bar is any establishment offering karaoke and videoke facilities to offering karaoke and videoke facilities to tourists and to the general public. tourists and to the general public.


A gallery is any establishment that has a formal A gallery is any establishment that has a formal space for exhibition of paintings, sculptures, space for exhibition of paintings, sculptures, prints, photographs, potteries and mixed media prints, photographs, potteries and mixed media works.works.

A spa is an establishment that has a holistic A spa is an establishment that has a holistic approach to health and wellness, rest and approach to health and wellness, rest and relaxation that aims to treat the body, mind and relaxation that aims to treat the body, mind and spirit by integrating a range of professionally spirit by integrating a range of professionally administered health, wellness, fitness and administered health, wellness, fitness and beauty, water treatment and services.beauty, water treatment and services.


Tertiary hospital – it is an institution, for Tertiary hospital – it is an institution, for medical tourism, that provides clinical care and medical tourism, that provides clinical care and management as well as specialized and sub-management as well as specialized and sub-specialized forms of treatments, surgical specialized forms of treatments, surgical procedure and intensive care.procedure and intensive care.

Medical tourism – involves travelling for the Medical tourism – involves travelling for the purpose of availing health care services or purpose of availing health care services or treatments of illnesses and health problems in treatments of illnesses and health problems in order to maintain one’s health and well being. order to maintain one’s health and well being.

LAWS GOVERNING LAWS GOVERNING CASINOS & GAMING CASINOS & GAMING ESTBALISHMENTSESTBALISHMENTS

The PAGCOR (Philippine Gaming The PAGCOR (Philippine Gaming Amusement Corporation) was Amusement Corporation) was established to regulate all games of established to regulate all games of chance in the Philippines.chance in the Philippines.

Persons not allowed to Persons not allowed to stay and/or play at the stay and/or play at the gambling casinosgambling casinos

Government officialsGovernment officials Members of PNP and AFPMembers of PNP and AFP Persons under 21 years of age or Persons under 21 years of age or

students of any schoolstudents of any school

Laws Regulating Laws Regulating CaterersCaterers

A caterer is defined as a person, firm or A caterer is defined as a person, firm or association providing food and supplies, association providing food and supplies, and sometimes services, for parties, and sometimes services, for parties, weddings and other social functions.weddings and other social functions.

2 Kinds of Catering 2 Kinds of Catering ServicesServices

On-premise catering – the caterer has On-premise catering – the caterer has his own banquet hall with an attached his own banquet hall with an attached kitchen or production areakitchen or production area

Off-premise catering – the caterer brings Off-premise catering – the caterer brings the complete service to the customers. It the complete service to the customers. It is a kind of banquet operation that takes is a kind of banquet operation that takes place in a venue chosen by a client or in place in a venue chosen by a client or in an airline, boat, industrial site and other an airline, boat, industrial site and other places.places.

Food Caterer’s of the Food Caterer’s of the Philippines (FCAP)Philippines (FCAP)

It is a group of catering companies with It is a group of catering companies with the need to professionalize the industry the need to professionalize the industry and serve the needs of the Philippine and serve the needs of the Philippine catering industry.catering industry.

Food, Drug, & Food, Drug, & Cosmetic ActCosmetic Act

The law seeks to ensure safety and good The law seeks to ensure safety and good quality supply of food, drugs and quality supply of food, drugs and cosmetics, and to regulate the cosmetics, and to regulate the production, sale and traffic of the same to production, sale and traffic of the same to protect the health of the public.protect the health of the public.

Retail Trade Retail Trade Nationalization LawNationalization Law

The Philippine retail industry is liberalized The Philippine retail industry is liberalized to encourage Filipino consumer through to encourage Filipino consumer through lower prices, higher quality goods, better lower prices, higher quality goods, better services and wider choices.services and wider choices.

National Internal National Internal Revenue CodeRevenue Code

It has imposed excise taxes on the It has imposed excise taxes on the purchase of alcohol.purchase of alcohol.

Local Government Local Government CodeCode

Every local government unit shall Every local government unit shall exercise the powers expressly granted, exercise the powers expressly granted, those necessarily implied there from, as those necessarily implied there from, as well as powers necessary, appropriate, well as powers necessary, appropriate, or incidental for its efficient and effective or incidental for its efficient and effective governance, and those which are governance, and those which are essential to the promotion of the general essential to the promotion of the general welfare.welfare.

Vandalism (Malicious Vandalism (Malicious Mischief)Mischief)

Malicious mischief is a crime usually Malicious mischief is a crime usually committed by customers, visitors or by-committed by customers, visitors or by-passers in recreational centers, passers in recreational centers, museums, galleries, cinemas, theaters, museums, galleries, cinemas, theaters, churches, cultural landmarks and other churches, cultural landmarks and other related tourism sites. related tourism sites.

TheftTheft

This is committed by any person who, This is committed by any person who, with intent to gain but without violence with intent to gain but without violence against or intimidation of persons nor against or intimidation of persons nor force upon things, shall take personal force upon things, shall take personal property of another without the latter’s property of another without the latter’s consent.consent.

QUESTIONS?QUESTIONS?

Documents

5 laws regulating travek & tours & resto