Administrative
Resolution No. (39) of 2023
Issuing
the Implementing Bylaw of
Executive
Council Resolution No. (24) of 2020
Concerning
Tourist Camps in the Emirate of Dubai[1]
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The
Director General of the Department of Economy and Tourism,
After perusal of:
Law
No. (20) of 2021 Establishing the Department of Economy and Tourism in the
Emirate of Dubai;
Law
No. (5) of 2023 Establishing the Dubai Corporation for Consumer Protection and
Fair Trade;
Law
No. (6) of 2023 Establishing the Dubai Business Registration and Licensing
Corporation;
Regulation
No. (6) of 2006 Concerning the Licensing of Tourist Establishments and Travel
Agencies, and its amendments;
Executive
Council Resolution No. (24) of 2020 Concerning Tourist Camps in the Emirate of
Dubai; and
Executive
Council Resolution No. (5) of 2022 Approving the Organisational Structure of
the Tourism Activities and Classification Sector at the Department Economy and
Tourism in the Emirate of Dubai,
Does
hereby issue this Resolution.
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. |
|
DET: |
The Department of Economy and Tourism in the Emirate
of Dubai. |
|
Director General: |
The director general of the DET. |
|
Executive Council Resolution: |
Executive Council Resolution No. (24) of 2020
Concerning Tourist Camps in the Emirate of Dubai. |
|
Activity: |
The establishment, management, and operation of
Tourist Camps in the Emirate. |
|
Tourist Establishment: |
A company or sole proprietorship licensed by the DET
to operate as an Inbound Tour Operator, in accordance with the
above-mentioned Regulation No. (6) of 2006, and authorised by the DET to
conduct the Activity. |
|
Tourist Camp: |
A temporary site which is set up by a Tourist
Establishment in a desert or mountainous area, in a valley or nature reserve,
or in any other area designated by the DET, and where Tourist Services are
provided. |
|
Permit: |
A document issued by the DET stating that the DET
authorises a Tourist Establishment to conduct the Activity in the Emirate
after verifying that all the requirements stipulated in this Resolution, and
the relevant requirements and criteria approved by the DET are met by the
Tourist Establishment. |
|
Visitor: |
A natural person who avails of the Tourist Services
provided in a Tourist Camp for a fee. |
|
Tourist Services: |
The set of services provided by a Tourist
Establishment to Visitors in a Tourist Camp, such as overnight accommodation,
food and beverages service, recreational activities, and any other services
approved by the DET. |
|
E-services Portal: |
The electronic platform of the DET through which the
applications for the Permits and the services stipulated in the Executive
Council Resolution and this Resolution are received. |
The
issuance of a Permit will be subject to the following requirements:
1.
The following documents must be
submitted:
a. a copy of the Tourist Camp’s lease,
a copy of the title deed of the land, or a declaration and undertaking by the
owner of the land on which the Tourist Camp will be set up stating that he has
no objection to the Activity being conducted on his land. In any event, the location
of the Tourist Camp must be within the areas in which conducting the Activity
is authorised by the DET and other concerned entities in the Emirate.
b. a copy of the detailed layout of the
Tourist Camp specifying its facilities and the available Tourist Services, as
per the requested Tourist Camp classification category stipulated in this
Resolution;
c. a copy of the valid passport or
Emirates Identity Card of the applicant or his legal representative;
d. a copy of the Commercial Licence
issued by the concerned commercial licensing authority in the Emirate; and
e. a copy of the required approvals
issued by the concerned entities in the Emirate.
2.
The Permit applicant must be
licensed to operate as an Inbound Tour Operator in accordance with the
provisions of the above-mentioned Regulation No. (6) of 2006.
3.
The Tourist Camp must meet the
classification criteria and requirements adopted by the DET, as per the
requested Tourist Camp classification category stipulated in this Resolution.
4.
A manager must be appointed to
manage and operate the Tourist Camp. This manager must:
a. be of good character and conduct;
b. not be less than twenty-one (21)
years of age; and
c. have full legal capacity.
Permit issuance is subject to the
following procedures:
1. A
Permit application will be submitted to the DET through the E-services Portal, using
the form prescribed by the DET for this purpose, together with the required
supporting documents.
2. The
DET will consider the application to verify that it meets all relevant
conditions and requirements, and that it is accompanied by all required
documents. The DET may request any additional documents, data, or information
it deems necessary.
3. The
DET will conduct on-site inspection and audit of the Tourist Establishment and
the Tourist Camp to verify compliance with all relevant conditions and
requirements for conducting the Activity.
4. The
DET will determine a Permit application within three (3) working days from the
date of completing the application process, including the submission of all required
information and documents.
5. Where
the Permit application is approved, the applicant will be instructed to pay the
relevant prescribed fees, whereupon the DET will issue the Permit.
6. Where
the application is rejected, the DET will notify the applicant of the reasons
for rejection. An applicant whose Permit application is rejected may submit to
the DET another application after addressing the reasons for rejection.
A
Permit will be valid for a term of one (1) year, renewable for the same period
subject to the same conditions and procedures prescribed for its initial
issuance. The application for Permit renewal must be submitted to the DET during
the last month of its validity.
a.
Tourist Camps are classified into
the following three (3) categories:
1. Economy;
2. Premium; and
3. Luxe.
b.
Tourist Camps will be classified in
the categories referred to in paragraph (a) of this Article based on the following:
1. the primary and secondary
classification requirements and criteria adopted by the DET for each category;
and
2. the levels and types of Tourist
Services of each category as specified by the DET.
c.
The DET will issue a Tourist Camp
with a classification certificate based on its category.
d.
The DET must publish on its official
website the Tourist Camp classification requirements and criteria and any
amendments made thereto.
The
DET may, on its own initiative or upon the request of a Tourist Establishment,
upgrade or downgrade the classification category of a Tourist Camp. This change
will be based on the primary and secondary criteria and requirements, as well
as the levels and types of the provided Tourist Services, that are applicable
to the classification category of the Tourist Camp.
When
operating a Tourist Camp, a Tourist Establishment must:
1.
observe the maximum capacity of the
Tourist Camp as permitted by the concerned entities in the Emirate;
2.
submit a valid insurance policy
issued by an insurance company licensed to operate in the Emirate to cover any
damage that Visitors and employees may sustain during their stay at the Tourist
Camp and its facilities;
3.
satisfy the relevant first aid
requirements and safety measures at the Tourist Camp as prescribed by the
concerned entities in the Emirate;
4.
perform the required periodic
maintenance of the Tourist Camp and its facilities; and
5.
comply with the classification
requirements and criteria adopted by the DET, based on the classification
category of the Tourist Camp.
a.
The DET may, upon the request of a
Tourist Establishment, authorise the assignment by the Tourist Establishment of
its Permit to another Tourist Establishment, subject to the following:
1. The Tourist Establishment to which
the Permit is assigned must meet all conditions and requirements prescribed for
issuance of the Permit.
2. The Tourist Establishment to which
the Permit is assigned must have priority in occupying the Tourist Camp. The
priority is determined in accordance with the relevant requirements approved by
the DET.
3. The Tourist Establishment to which
the Permit is assigned must obtain the approval of the Dubai Municipality and
the concerned entities for using the same site designated for the Tourist Camp.
4. The fees or fines owed by the
assigning Tourist Establishment must be paid.
b.
A Permit assignment application will
be submitted to the DET through the E-services Portal. The application will be
submitted, together with the required supporting documents, on the form
prescribed by the DET for this purpose.
c.
The DET will consider the Permit
assignment application and verify that it meets all the relevant conditions and
requirements, and that it is accompanied by all the required documents.
d.
The DET will issue its decision on the
Permit assignment application within three (3) working days from the date of
completing the application process, including the submission of all required
information and documents.
e.
If the Permit assignment application
is approved, the relevant prescribed fees must be paid, and the concerned
commercial licensing authority will be notified accordingly.
f.
If the Permit assignment application
is rejected, the DET will notify the applicant of the rejection of his
application and the reasons for rejection.
g.
An entity assigning its Permit in
accordance with the provisions of this Article may not apply for a new Permit
before the lapse of at least two (2) years from the date on which the original
Permit is assigned.
A
Tourist Establishment wishing to cease the Activity and close down the Tourist
Camp must submit an application for this purpose to the DET through the E-services
Portal. The application must be completed using the form prescribed by the DET
for this purpose, together with the required supporting documents, including proof
that the Tourist Establishment or Tourist Camp has no outstanding reservations.
The
DET may suspend the Activity of a Tourist Establishment for a period not
exceeding six (6) months, or revoke its Permit and close down its Tourist Camp,
in any of the following cases:
1.
committing a violation of any of the
provisions of the Executive Council Resolution, this Resolution, or the
resolutions issued in pursuance thereof that warrants the suspension of the
Activity of the Tourist Establishment or the revocation of its Permit;
2.
failure to renew the Permit within
the time limits, and in accordance with the procedures, prescribed by this
Resolution;
3.
failure to meet the requirements for
issuing the Permit or operating the Tourist Camp; or to satisfy the
classification criteria, or the standard and types of the Tourist Services prescribed
for the classification category;
4.
failure to ensure that the Tourist
Camp is fit for operation and use;
5.
using the Tourist Camp for other
than its intended purpose;
6.
using the Tourist Camp for
illegitimate purposes or for purposes that conflict with public morals;
7.
engaging in activities by the
Tourist Establishment that may compromise the reputation of the Emirate or the
United Arab Emirates;
8.
the Tourist Establishment being
proven to have mistreated, or has failed any of its obligations towards, the
Visitors, despite being notified by the DET to address that failure;
9.
obstructing the work of the
competent DET employees during the inspection of the Tourist Camp and its facilities,
and the examination of its documents and records;
10. the
Tourist Camp being the subject of execution of a court judgement; or
11. any
other case that, in the DET’s discretion, warrants the suspension of the
Activity of the Tourist Establishment or the revocation of its Permit, as per
the exigencies of public interest.
a.
Prior to suspending the Activity of
a Tourist Establishment or revoking its Permit, the following procedures must
be followed:
1. The DET will notify the Tourist
Establishment of the violation that warrants the suspension of its Activity or
revocation of its Permit, and grant the Tourist Establishment a grace period to
remedy the violation before making the final decision to enforce the suspension
or revocation.
2. Upon expiry of the grace period
prescribed by the DET for remedying the violation, the DET will conduct an
on-site inspection of the Tourist Establishment or Tourist Camp. Based on the inspection
findings, the DET may decide not to suspend the Activity of the Tourist
Establishment or revoke its Permit if the violation is remedied; or proceed to taking
either of these two (2) measures and notify the competent commercial licensing
authority of this action to take the relevant appropriate measures.
b.
A Tourist Establishment, in respect
of which an Activity suspension or Permit revocation decision is made, must
inform the DET in case of ongoing occupancies by Visitors of the Tourist Camp
or any outstanding reservations; and must execute the instructions issued to it
by the DET in respect of those occupancies or reservations in a manner that preserves
the rights of the existing Visitors of the Tourist Camp and those who have outstanding
reservations.
c.
The DET may, in cases it determines,
suspend the Activity of a Tourist Establishment, or revoke its Permit and close
down its Tourist Camp directly, without following the procedures stipulated in
paragraph (a) of this Article.
Where
its Permit is revoked in accordance with the provisions of this Resolution, a
Tourist Establishment may apply to the DET for issuance of a new Permit after
the lapse of at least one year from the date of revocation. The new Permit will
be issued subject to the same conditions and procedures prescribed for the initial
issuance of Permits.
In
addition to the obligations prescribed in the Executive Council Resolution, a
Tourist Establishment must:
1. not
use the Tourist Camp for residential purposes or any purpose other than the
authorised Activity;
2. not
make any modifications or permanent changes in its Tourist Camp without first
obtaining the relevant approval of the DET;
3. safeguard
the rights and interests of Visitors when conducting the Activity, and not
impose on them any unfair obligations or conditions;
4. conspicuously display
the detailed price list for using the Tourist Camp and availing of the Tourist
Services. These prices must be clearly quoted in detail in Visitors’
reservations and in any promotional and marketing material. Prices must be
consistent across the price lists and the promotional and marketing material;
5. market
and promote the Tourist Services provided in the Tourist Camp as per the
services approved by the DET for the Tourist Camp;
6. maintain
utmost transparency in marketing and promoting the Tourist Camp and the Tourist
Services;
7. perform
all contractual obligations towards Visitors, as stated in the agreed
reservation document of the Tourist Camp and Tourist Services, including
enabling the Visitors to use the Tourist Camp and avail of the Tourist Services
on the scheduled dates, for the duration of the reservation, and in accordance
with the agreed terms and conditions;
8. not
impose any financial costs on Visitors other than those agreed upon in the
Tourist Camp reservation document;
9. provide
the DET with Visitor information, upon request and in the manner prescribed by
the DET;
10. draft,
in accordance with the provisions of this Resolution, a policy for processing
the complaints raised by Visitors against the Tourist Establishment. This
policy must be displayed in a prominent place for easy reference by Visitors;
11. investigate
complaints raised by Visitors against the Tourist Establishment; take the
necessary action concerning these complaints, and document all relevant
information and procedures, including:
a. the date and time of receiving the
complaint;
b. the details and contact information of
the complainant;
c. the details of the complaint; and
d. the action taken in respect of the
complaint and the date and time of the action.
12. provide
the DET with the information, documents, and statistics it requires, through
the E-services Portal or any other electronic platform it determines;
13. observe
integrity, professionalism, courtesy, and tactfulness in dealing with Visitors;
14. ensure
the cleanliness of the Tourist Camp and its readiness to receive
Visitors;
15. designate
twenty-four-seven contact numbers to provide support to the Visitors and enable
them to report emergencies;
16. take
reasonable safety measures and precautions to provide a safe environment for
Visitors, particularly against hazards related to fire;
17. keep
abreast of, and comply with, the resolutions and instructions issued by the
DET; and
18. not
disclose Visitor information except to the concerned Government entities or the
competent judicial authorities.
a.
Complaints against Tourist
Establishments for non-compliance with the Executive Council Resolution, this
Resolution, or the resolutions issued in pursuance thereof, will be submitted
through the E-services Portal. These complaints must state all relevant facts
and must be accompanied by the relevant supporting documents.
b.
The DET will notify the relevant Tourist
Establishment of the complaint and request it to respond to it within seven (7)
days from the date of notification.
c.
The DET will consider and determine
the complaints. For this purpose, the DET may meet with the parties to the
complaint to hear their statements and seek to reach an amicable resolution and
settlement of the complaint.
d.
Where one of the parties to the
complaint does not accept the amicable settlement proposed by the DET, the
complaint will be closed and the complainant will be advised of his right to take
recourse to the competent judicial authorities in the Emirate. Closing a
complaint will not preclude taking the appropriate action against any Tourist
Establishment proven to have violated the legislation applicable to conducting
the Activity.
Any
provision in any other administrative resolution is hereby repealed to the
extent that it contradicts the provisions of this Resolution.
This
Resolution will be published in the Official Gazette and will come into force
three (3) months after the date of its publication.
Helal
Saeed Al Marri
Director
General
Department of Economy and Tourism
Issued in Dubai on 25 April 2023
Corresponding to 5 Shawwal 1444 A.H.
©2024 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.