Executive
Council Resolution No. (24) of 2020
Concerning
Tourist
Camps in the Emirate of Dubai[1]
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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. (13) of 2011 Regulating the Conduct of Economic Activities in the Emirate
of Dubai and its amendments;
Law
No. (1) of 2016 Concerning the Financial Regulations of the Government of
Dubai;
Decree
No. (22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;
Regulation
No. (2) of 2002 Concerning Desert Tours in the Emirate of Dubai;
Regulation
No. (4) of 2006 Concerning Desert Tourist Camps;
Regulation
No. (6) of 2006 Concerning the Licensing of Tourist Establishments and Travel
Agencies and its amendments;
Executive
Council Resolution No. (2) of 2014 Approving the Tourism Dirham Fee in the
Emirate of Dubai and its amendments;
Bylaw
No. (2) of 2002 Concerning the
Administrative Penalties for Violating the Provisions of the
Regulatory Bylaw of
Regulation No. (2) of 2002 Concerning Desert Tours in the Emirate of Dubai;
and
The
legislation establishing and regulating free zones in the Emirate of Dubai,
Do
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. |
|
DTCM: |
The Department of Tourism and Commerce Marketing. |
|
Director General: |
The director general of the DTCM. |
|
Activity: |
The setting up, managing, and operating of Tourist
Camps. |
|
Tourist Establishment: |
Any company or sole proprietorship authorised by the
DTCM 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 specified by the DTCM; and where Tourist Services are provided. |
|
Permit: |
A document issued by the DTCM stating that the DTCM
authorises a Tourist Establishment to conduct the Activity in the Emirate
after verifying that all the conditions, requirements, and criteria approved by the DTCM in this
regard 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 stay, serving food and beverages, recreational activities, and any
other services approved by the DTCM. |
The
provisions of this Resolution will apply to all Tourist Camps in the Emirate,
including those set up, managed, and operated in Special Development Zones and
free zones, such as the Dubai International Financial Centre.
This
Resolution aims to:
1. promote the
Emirate as a tourist destination for setting up and operating Tourist Camps;
2. regulate the
conduct of the Activity in the Emirate in accordance with the best
international practices adopted in this respect; and
3. improve the
Tourist Services provided in Tourist Camps.
The
DTCM is the Competent Entity in the Emirate in charge of regulating the
Activity. For this purpose, the DTCM will have the duties and powers to:
1. establish the
conditions, requirements, procedures, and criteria for conducting
the Activity in the Emirate;
2. determine the
minimum set of Tourist Services that must be provided in Tourist Camps,
depending on the category of each Tourist Camp and in accordance with the best
practices adopted in this respect;
3. determine
applications submitted by Establishments to conduct the Activity in the
Emirate;
4. supervise the
conduct of the Activity in the Emirate in accordance with the provisions of
this Resolution and the resolutions issued in pursuance hereof;
5. monitor and
inspect Tourist Camps and the performance of their staff to
verify compliance with the conditions, requirements, and criteria
that must be met by Tourist Camps and by the Tourist Services provided therein
depending on the classification category of each Tourist Camp,
as determined pursuant to this Resolution;
6. receive,
investigate, and take the necessary action in respect of complaints filed
against Tourist Establishments; and impose on the violators
of this Resolution the administrative penalties
prescribed herein;
7. create a database
of the Tourist Camps set up in the Emirate and of their Visitors; and
8. exercise any other
duties or powers required for regulating the Activity in the Emirate and for
achieving the objectives of this Resolution.
a. No person or entity may conduct the Activity in the Emirate without first obtaining a Permit. The implementing bylaw of this Resolution will prescribe the requirements and procedures for issuing and renewing Permits.
b. No Tourist Establishment may conduct the Activity in other than the areas determined by the DTCM.
A
Permit will be valid for a term of one (1) year,
renewable for the same period. The application to renew the Permit must be submitted
within the last month of the Permit's validity in accordance with the
conditions and procedures stipulated in the implementing bylaw of this
Resolution.
Under pain of nullity of the assignment,
no Tourist Establishment may assign its Permit to any other
natural or legal person without first obtaining the relevant approval of the
DTCM and satisfying the rules and conditions prescribed by
the implementing bylaw of this Resolution.
Tourist
Camps will be classified
into categories depending on the standard and type
of Tourist Services and based
on the criteria
and rules prescribed by the implementing bylaw of this Resolution for each
category.
The
DTCM may, on its own initiative or upon a Tourist Establishment’s request,
upgrade or downgrade the classification of a Tourist Camp into a higher or lower
category. The change of classification
category will be made in accordance with the criteria,
requirements, and conditions prescribed in the implementing bylaw of this
Resolution, and depending on the
type and standard of Tourist Services prescribed by the DTCM for each category.
The
DTCM will, in coordination with the concerned entities in the Emirate,
determine the areas and locations where it is authorised to set up Tourist
Camps.
A
Tourist Establishment must:
1.
comply with the legislation in force in the Emirate,
including this Resolution, its implementing bylaw, and the resolutions and instructions issued in pursuance thereof;
2.
abide by the terms and scope of the Permit; not make any
misrepresentation as to the classification category of the Tourist Camp; and comply with the requirements, conditions, and criteria
related to, and the type and standard of, Tourist
Services as applicable to the classification category
of the Tourist Camp, which are stipulated in this Resolution, its implementing
bylaw, and the resolutions and instructions issued in pursuance thereof;
3.
create records which contain all
information related to Tourist Camps and any other information determined by
the DTCM; update these records on a weekly basis; maintain the same; and make them accessible to the
DTCM employees upon request;
4.
observe the maximum capacity of the Tourist Camp as applicable
to its classification category;
5.
not relocate the Tourist Camp without first obtaining the
written approval of the DTCM and the concerned entities in the Emirate;
6.
not operate the Tourist Camp if a decision suspending the Activity or closing the Tourist Camp
is issued by the DTCM or the concerned entities in the Emirate;
7.
perform all contractual obligations towards Visitors, and
document all the Tourist Services provided in the Tourist Camp;
8.
provide Visitors with accurate and complete information on
the Tourist Services provided in the Tourist Camp and the conditions for
availing of these services;
9.
respond to the complaints referred to it by the DTCM within
the prescribed time frames;
10. comply with the instructions issued by concerned entities in respect of
security, public health and safety, first aid, and evacuation requirements in Tourist Camps;
11. record the information of the staff working at the Tourist Camp, and provide the DTCM with this information
and any variation thereto;
12. provide the Tourist
Camp with electricity, water, and sewage services without charging Visitors
additional costs;
13. provide the DTCM
with the information, documents, and statistics it requires; and fully
cooperate with the DTCM and its employees;
14. obtain the DTCM
approval before proceeding to modify any information or documents related to
its Permit or commercial licence; and
15. comply with any
other obligations prescribed in the implementing bylaw of this Resolution.
In return for issuing Permits and
approvals, and providing any other services under this Resolution and its
implementing bylaw, the DTCM will collect the fees prescribed in Schedule (1)
attached to this Resolution.
a. Without prejudice
to any stricter penalty stipulated in any other resolution, a Person who
commits any of the violations stipulated in Schedule (2) attached hereto will
be punished by the fine indicated opposite that violation.
b. Upon repetition of
the same violation within one (1) year from the date of the previous violation,
the amount of the fine prescribed in the Schedule referred to in paragraph (a)
of this Article will be doubled. A fine must not exceed fifty thousand Dirhams
(AED 50,000.00).
c. In addition to the
penalty of a fine, the DTCM may take one or more of the following measures
against a violator:
1.
suspending the
Activity for a period not exceeding six (6) months; and/ or
2. revoking the Permit and notifying the Licensing Authority of the revocation.
d. The provisions of
this Resolution will apply without prejudice to
any penalties or measures, or any compensation, prescribed
under
the legislation in force in the Emirate where the environment or public health
or safety is compromised, or where any public or private
property is damaged, as a result of conducting the
Activity by the Tourist Establishment.
e. Upon a written
application submitted to the DTCM by a Tourist Establishment whose Permit is
revoked, the DTCM may issue a new Permit to that Establishment one (1) year
after the date of revocation of the original Permit. The new Permit will be
issued in accordance with the relevant procedures and rules stipulated in the
implementing bylaw of this Resolution.
The
DTCM employees nominated pursuant to a resolution of the Director General will
have the capacity of law enforcement officers to record the acts committed in
breach of the provisions of this Resolution, its implementing bylaw, and the
resolutions issued in pursuance thereof. For this purpose, they may access
Tourist Establishments, Tourist Camps, or any of their facilities; review their
records, registers, and documents; issue the necessary violation reports; and
seek the assistance of the concerned Government Entities in the Emirate,
including police personnel.
Any
affected party may submit a written grievance to the Director General against
the decisions, procedures, and measures taken against him in accordance with
the provisions of this Resolution, its implementing bylaw, and the resolutions
issued in pursuance thereof,
within fifteen (15) days from the date of being notified of the contested
decision, procedure, or measure. The grievance will be determined, within
thirty (30) days of its submission, by a committee formed by the Director
General for this purpose;
and the decision issued by the committee on the grievance will be final.
The
fees and fines collected pursuant to this Resolution will be paid to the Public
Treasury of the Government of Dubai.
For
the purpose of implementing the provisions of this Resolution, its implementing
bylaw, and the resolutions and
instructions issued in pursuance thereof, the
DTCM may seek assistance from Government Entities in the Emirate. Upon request,
these
entities must provide the DTCM with support and assistance as soon as practicable.
The
DTCM will not be liable to third parties for any damage they may suffer as a
result of a Tourist Establishment conducting the Activity. The Tourist
Establishment will be solely liable to remedy such damage.
All
individuals and entities conducting the Activity in the Emirate by the
effective date of this Resolution must comply with its provisions within six
(6) months from that effective date. The Director General may, where necessary,
extend this grace period once for the same period.
The
Director General will issue the implementing bylaw and the resolutions required
for the implementation of the provisions of this Resolution. These will be
published in the Official Gazette.
The
above-mentioned Regulation No. (4) of 2006 is hereby repealed. Any provision in
any other resolution will also be 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
on the day 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
16 August 2020
Corresponding to 26 Thu al-Hijjah 1441 A.H.
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|
SN |
Description |
Fee (in Dirhams) |
|
1 |
Issuing or renewing a Permit to conduct the Activity in a
Tourist Camp whose area does not exceed 10,000 Sq. ft. |
2,500.00 |
|
2 |
Issuing or renewing a Permit to conduct the Activity in a
Tourist Camp whose area is more than 10,000 Sq. ft. and up to 20,000 Sq. ft. |
7,500.00 |
|
3 |
Issuing or renewing a Permit to conduct the Activity in a
Tourist Camp whose area is more than 20,000 Sq. ft. and up to 30,000 Sq. ft. |
12,500.00 |
|
4 |
Issuing or renewing a Permit to conduct the Activity in a
Tourist Camp whose area is more than 30,000 Sq. ft. and up to 40,000 Sq. ft. |
17,500.00 |
|
5 |
Issuing or renewing a Permit to conduct the Activity in a
Tourist Camp whose area exceeds 40,000 Sq. ft. |
22,500.00 |
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|
SN |
Description |
Fine (in Dirhams) |
|
1 |
Setting up and operating a Tourist Camp without a Permit |
10,000.00 |
|
2 |
Delay in renewing a Permit |
AED 2,000.00 per week of delay, up to
AED 10,000.00 |
|
3 |
Failure to comply with the main conditions or primary
criteria adopted by the DTCM in respect of operating Tourist Camps |
1,000.00 |
|
4 |
Failure to comply with the secondary conditions or
criteria adopted by the DTCM in respect of operating Tourist Camps |
200.00 |
|
5 |
Making any modifications in a Tourist Camp without first
obtaining the relevant approval of the DTCM |
500.00 |
|
6 |
Failure to comply with the terms and scope of the Permit |
2,000.00 |
|
7 |
Failure to comply with the requirements and conditions applicable
to the classification category of a Tourist Camp |
500.00 |
|
8 |
Failure to comply with the criteria and services
applicable to the classification category of a Tourist Camp |
500.00 |
|
9 |
Misrepresentation of the classification category of a Tourist Camp |
1,000.00 |
|
10 |
Re-operating a suspended or closed Tourist Camp without
first obtaining the permission of the DTCM |
5,000.00 |
|
11 |
Exceeding the maximum capacity of a Tourist Camp as
applicable to its classification category |
1,000.00 |
|
12 |
Providing false information, documents, or statistics to
the DTCM |
5,000.00 |
|
13 |
Failure to the provide a Visitor with information on the
Tourist Services in a Tourist Camp and with the conditions for availing of
these services |
500.00 |
|
14 |
Failure to respond, within the time frame prescribed by
the DTCM, to a complaint referred to the Tourist Establishment by the DTCM |
1,000.00 |
|
15 |
Charging Visitors additional fees for electricity, water,
or sewage services |
2,000.00 |
|
16 |
Failure to provide the DTCM with the information and
documents it requires |
1,000.00 |
|
17 |
Failure to keep or update the records that contain all
information related to a Tourist Camp |
1,000.00 |
|
18 |
Disparity between the Tourist Services provided to
Visitors and those approved by the DTCM |
1,000.00 |
|
19 |
Failure to provide the DTCM with the details of the staff
working in a Tourist Camp |
500.00 |
|
20 |
Failure to obtain the approval of the DTCM before
proceeding to modify any information or
documents related to the Permit or the licence of the Tourist Establishment |
1,000.00 |
|
21 |
Failure to cooperate with the competent DTCM employees or
obstructing their work |
2,000.00 |
|
22 |
Relocating a Tourist Camp without first obtaining the
approval of the DTCM |
5,000.00 |
|
23 |
Failure to comply with the resolutions and instructions
issued by the DTCM in respect of Tourist Camps |
2,000.00 |
©2020 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.