Executive
Council Resolution No. (48) of 2014
Approving
the
Fees and
Fines Related to Hotel Establishments[1]
ـــــــــــــــــــــــــــــــــــــــــــــــ
We, Hamdan
bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the
Executive Council,
After perusal of:
Law No. (1) of 1997 Establishing
the Department of Tourism and Commerce Marketing and its amendments;
Law No. (3) of 2003
Establishing the Executive Council of the Emirate of Dubai;
Law No. (14) of 2009
Concerning the Pricing of Government Services in the Emirate of Dubai and its
amendments;
Law No. (35) of 2009
Concerning Management of the Public Funds of the Government of Dubai and its
amendments;
Decree No. (13) of
2011 Concerning the e-Programme for Hotel and Tourism Establishments in the
Emirate of Dubai;
Decree No. (17) of
2013 Concerning Licensing and Classification of Hotel Establishments in the
Emirate of Dubai; and
Executive Council
Resolution No. (13) of 2011 Approving Fees and Fines of the Department of
Economic Development,
Do hereby issue this Resolution.
Definitions
Article (1)
The following words and expressions, wherever
mentioned in this Resolution, will have the meaning indicated opposite each of
them unless the context implies otherwise:
Emirate: |
The Emirate of Dubai. |
DTCM: |
The Department of Tourism and Commerce Marketing. |
Hotel Establishment: |
This includes hotels, resorts, hotel apartments,
guest houses, university dormitories, youth hostels, budget hotels, floating
hotels, and other Establishments specified by the DTCM. |
Activity: |
Operating a Hotel Establishment. |
Fees
Article (2)
a.
Notwithstanding the provisions of the above-mentioned
Executive Council Resolution No. (13) of 2011, the DTCM will, in return for
issuing the approvals, Licences, and classification certificates, and providing
other services indicated in Schedule (1) attached hereto, charge the fees set
out opposite each of them.
b. In return for classifying Hotel Establishments, the DTCM will charge the fees
indicated in Schedule (2) attached hereto.
c. Charging the fees prescribed pursuant to this Article may not
prejudice the right of any other Government entity to charge any prescribed fees.
Penalties
Article (3)
a. Without prejudice to any stricter
penalty stipulated in any other legislation, any person who commits
any of the violations set out in Schedule (3) attached hereto will be punished
by the fine indicated opposite each of them.
b.
Upon repetition
of the same violation within one (1) year from the date of the previous violation, the amount of the fine stipulated in Schedule (3) referred to in
paragraph (a) of this Article will be doubled, provided that the fine does not
exceed five hundred thousand Dirhams (AED 500,000.00).
c. In addition to the penalty of a fine
referred to in paragraph (a) of this Article, the DTCM may take one or more of the following measures
and procedures against the violating Hotel Establishment:
1. downgrading the category of classification of the Hotel Establishment;
2. closing the Hotel Establishment or any of its Facilities for a period not exceeding six
(6) months;
3. closing a Facility of
the Hotel Establishment permanently; and/or
4. closing the whole Hotel Establishment permanently, and revoking its Licence.
Non-Applicability of the Fees
Article (4)
The fees stipulated in Schedules (1) and (2) attached hereto for
conducting the Activity will not apply to a Hotel Establishment licensed by the
DTCM where it is proven that the Hotel Establishment suspended the Activity in
the Emirate during the period for which the fees are payable, and that it had
notified the DTCM of the same at least ten (10) days prior to the date of
suspending the Activity.
Repeals
Article (5)
Any
provision in any other legislation will be repealed to the extent that it contradicts the provisions of this Resolution.
Publication and Commencement
Article (6)
This Resolution will be published in the Official
Gazette and will come into force on the date on which it is published.
Hamdan bin Mohammed bin Rashid Al Maktoum
Crown Prince of
Dubai
Chairman of the
Executive Council
Issued in Dubai on 7 December 2014
Corresponding to 15 Safar 1436 A.H.
Schedule (1)
Fees for Issuing
Approvals, Licences, and Certificates,
and Rendering Services to
Hotel
Establishments
Fee (in Dirhams) |
Description |
SN |
100.00 |
Issuing an
initial approval to conduct the Activity |
1 |
AED 500.00 per year |
Issuing
a new Licence or renewal of a Licence |
2 |
AED500 .00 per each variation |
Variation
of a Licence information |
3 |
1,000.00 |
Issuing a no-objection certificate for the approval or change of a
name of a Hotel Establishment |
4 |
1,000.00 |
Request
for re-inspection of a Hotel Establishment |
5 |
1,000.00 |
Request
for obtaining or renewal of a Hotel Establishment classification under a special category |
6 |
1,000.00 |
Request
for cancellation or variation of a Hotel Establishment classification under a
special category |
7 |
AED 1,000.00
per hour |
Request for consultation services related to a Hotel
Establishment classification |
8 |
1,000.00 |
Request
for approval of a work plan of a Hotel Establishment |
9 |
500.00 |
Request for cancellation of a procedure initiated to conduct the
Activity |
10 |
500.00 |
Request
for cancellation of a Licence |
11 |
100.00 |
Issuing
a ‘To Whom It May Concern’ certificate |
12 |
100.00 |
Issuing a letter of approval of constructing a Hotel
Establishment or converting an existing building into a Hotel Establishment |
13 |
100.00 |
Request
for a true copy of a document |
14 |
2,000.00 |
Urgent
request for operating or classification of a Hotel Establishment |
15 |
2,000.00 |
Request
for suspension of the Activity |
16 |
500.00 |
Issuing a
replacement for a lost or damaged Licence |
17 |
50.00 |
Request
for issuing a copy of a Licence |
18 |
AED 500.00 per year |
Approval of a Hotel Establishment contract with
a hotel management company licensed by the DTCM to manage the Activity |
19 |
AED500 .00 per each amendment |
Approval of an amendment to a Hotel Establishment contract with
a hotel management company licensed by the DTCM to manage the Activity |
20 |
Schedule (2)
Fees for Classification of Hotel
Establishments
Hotel Establishment Type |
Hotel Establishment Classification Category
|
Fee in Dirhams/ Per Year |
Obtaining or Renewal of Classification |
||
Hotel |
One Star |
50 .00 per hotel unit |
Two Stars |
60.00 per hotel unit |
|
Three Stars |
80 .00 per hotel unit |
|
Four Stars |
100 .00 per hotel unit |
|
Five Stars |
115 .00 per hotel unit |
|
Resort |
Three Stars |
80 .00 per hotel unit |
Four Stars |
100 .00 per hotel unit |
|
Five Stars |
115 .00 per hotel unit |
|
Hotel Apartment |
Standard |
30 .00 per hotel unit |
Deluxe |
40 .00 per hotel unit |
|
Luxury |
60.00 per hotel unit |
|
Floating Hotel |
ــــــــــــــــ |
20,000.00 |
Schedule (3)
Violations and
Fines Related to Licensing and
Classification of
Hotel Establishments
Fine (in Dirhams) |
Description
of Violation |
SN |
50,000.00 |
Operating a Hotel Establishment without obtaining a Licence, a classification,
or an approval to receive guests, from the DTCM |
1 |
30,000.00 |
Operating a Hotel Establishment in respect of which a closure decision
is issued |
2 |
3,000.00 |
Failure
to renew a Licence before the lapse of thirty (30) days from its expiry date |
3 |
AED 1,000.00
per month |
Delay in
renewing an expired Licence without a reason acceptable to the DTCM |
4 |
5,000.00 |
Failure
to comply with the Hotel Establishment classification standards |
5 |
5,000.00 |
Failure
to comply with the Activity mentioned in the Licence |
6 |
2,000.00 |
Failure
to comply with the standards of operating a Hotel Establishment |
7 |
1,000.00 |
Failure
to meet at least fifty percent (50%) of the approved supplemental Hotel
Establishment classification standards |
8 |
2,000.00 |
Failure
to comply with the approved cleanliness standards or specifications of the
Hotel Establishment |
9 |
500.00 |
Failure
to display the Hotel Establishment classification certificate in a prominent
place for easy reference by guests and visitors |
10 |
5,000.00 |
Misrepresentation
by a Hotel Establishment of its activities, information, or classification in
advertisements |
11 |
50,000.00 |
Failure
to maintain public order and morals within a Hotel Establishment |
12 |
20,000.00 |
Allowing
any type of gambling at a Hotel Establishment |
13 |
3,000.00 |
Failure
to provide the DTCM with the information, documents, or statistics required
by the DTCM within the period prescribed by the DTCM |
14 |
5,000.00 |
Failure
to provide the documents required for the Register |
15 |
1,000.00 |
Failure
to respond, within the
period prescribed by the DTCM, to the
complaints referred to the Hotel Establishment by the DTCM |
16 |
5,000.00 |
Failure
to notify the DTCM fifteen (15) days prior to the first date of receiving
guests |
17 |
1,000.00 |
Failure to notify the DTCM of any
variation of the information or documents based on which the Licence is
granted, within ten (10) days from the date of variation |
18 |
3,000.00 |
Failure to notify the DTCM of the name of the manager in charge of the
Hotel Establishment or any change thereof |
19 |
500.00 |
Failure to notify the DTCM before commencing any
major repairs at the Hotel Establishment |
20 |
5,000.00 |
Failure
to notify the DTCM of the suspension of the Activity within ten (10) days
from the suspension |
21 |
5,000.00 |
Adding or closing any Facility of the Hotel Establishment without
obtaining the relevant prior written approval from the DTCM |
22 |
1,000.00 |
Failure to display Tariff lists and timing of
services, in Arabic and English, in a prominent place inside the Hotel Establishment |
23 |
1,000.00 |
Failure to display price lists, in Arabic and English, of the
services provided by the Hotel Establishment |
24 |
500.00 |
Failure to ensure that all employees wear the uniform of the Hotel Establishment
in accordance with their respective job duties |
25 |
A fine of double the amount of the
illegally charged commission, provided that the fine is not less than AED 5,000.00 |
Charging a commission that exceeds the amount
prescribed by the DTCM for issuing visas |
26 |
A fine of double the amount of the
illegally collected charge, provided that the fine is not less than AED
10,000.00 |
Collecting
a service charge that exceeds ten percent (10%) of the bill amount |
27 |
200.00 |
Refusing
to receive notices issued by the DTCM |
28 |
5,000.00 |
Failure to maintain the information and records of the Hotel
Establishment’s business and accounts |
29 |
15,000.00 |
Providing
the DTCM with false or incorrect information or documents |
30 |
2,000.00 |
Failure
to abide by the requirements approved by the DTCM at the Hotel Establishment
and its various Facilities |
31 |
500.00 |
Failure
to report to the DTCM when required |
32 |
1,000.00 |
Failure
to maintain the name board of the Hotel Establishment |
33 |
1,000.00 |
Disparity
between the name of the Hotel Establishment on the name board and its name on
the Licence |
34 |
1,000.00 |
Failure
to perform the required maintenance of the external name board of the Hotel
Establishment |
35 |
1,000.00 |
Failure
to dedicate at least fifty percent (50%) of the total surface area of the
external name board of the Hotel Establishment to the name of the Hotel
Establishment in Arabic |
36 |
10,000.00 |
Failure
to separate the Hotel Establishment’s sauna, massage, and steam rooms for
women from those designated for men |
37 |
10,000.00 |
Employing
male staff at the women’s sauna, massage, and steam rooms of the Hotel
Establishment, or female staff at the men’s sauna, massage, and steam rooms
of the Hotel Establishment |
38 |
2,000.00 |
Failure
to maintain notice boards in Arabic and English at the entrance of health
clubs to alert guests and visitors to the importance of maintaining an
appropriate and modest appearance |
39 |
2,000.00 |
Failure
to make accessible for viewing, at the Hotel Establishment, the television
broadcast channels of the Dubai Media Incorporated |
40 |
3,000.00 |
Failure
to take the required action to prevent guests and visitors of the Hotel
Establishment from having an immodest appearance |
41 |
2,000.00 |
The
Hotel Establishment contracting a hotel management company to manage its
Activity without prior approval of the DTCM |
42 |
2,000.00 |
Making
an amendment to a Hotel Establishment
contract with a hotel management company licensed by the DTCM without prior
approval of the DTCM |
43 |
5,000.00 |
Failure to cooperate with the DTCM employees
or obstructing their work |
44 |
2,000.00 |
Violating the resolutions and instructions
issued by the DTCM |
45 |
© 2015 The
Supreme Legislation Committee in the Emirate of Dubai
[1]Every effort has
been made to produce an accurate and complete English version of this
legislation. However, for the purpose of
its interpretation and application, reference must be made to the original
Arabic text. In case of conflict the
Arabic text will prevail.