Heavy penalties for businesses using the term boutique hotel...

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The Ministry of Culture and Tourism will impose heavy fines on accommodation facilities that use the term "Boutique Hotel" according to the new "Law on Tourism Incentives and Amendments to Certain Laws".

On July 18, 2021, the 'Law Proposal on Amendments to the Tourism Incentive Law and Certain Laws' was adopted by the General Assembly of the Grand National Assembly of Turkey.

On July 28, 2021, the "Law Proposal on Amendments to Certain Laws on Tourism Incentive Law" was published in the Official Gazette and entered into force on this date. As of this date, pensions, hotels and accommodation facilities will be obliged to apply to the ministry to obtain a tourism business certificate within 7 days after obtaining a license to open and operate a workplace from the relevant municipalities, and to obtain a tourism business certificate by eliminating the deficiencies, if any, determined as a result of the audit to be carried out following the application, within 30 days from the date of notification.

On September 25, 2021, the "Regulation on the Certification of Simple Accommodation Facilities and Beach Businesses" was published in the Official Gazette. In this regulation, information about the certification of Accommodation Facilities and Beach Businesses - Regulation on the Qualifications of Tourism Facilities You can see it from the link.

Tourism facilities that comply with the Ministry of Culture and Tourism Regulation on the Qualifications of Tourism Facilities will be able to apply to the Ministry of Culture and Tourism and obtain a Tourism Management Certificate according to their class in the relevant regulation. You can see the Regulation on the Qualifications of Tourism Facilities from the link below.

Tourism Facilities that fail to fulfill the minimum conditions required by the ministry in the Regulation may apply to the Provincial Directorates. "Simple Accommodation Facility Tourism Management Certificate" will be able to apply.

Simple Accommodation Facility Tourism Management Certificate is made to the provincial directorate

After obtaining the Tourism Management Certificate or Simple Accommodation Tourism Management Certificate, in the third part of the Regulation on the Certification of Simple Accommodation Facilities and Beach Businesses, in the section on Promotion, information and price tariffs ARTICLE 9 - ( 1 ) Accurate information in terms of consumer rights shall be included in the promotion of the facility; promotions that may be misleading or damage the tourism of the country shall not be made. In the promotion of accommodation facilities, the star symbol or symbols that will evoke it cannot be used.

Accommodation facilities that receive a Simple Accommodation Tourism Management Certificate cannot use the star symbol or symbols that will evoke the symbols of pension, motel, apart hotel, boutique hotel, holiday village, hotel (1,2,3,4 and 5 stars).

Likewise, accommodation facilities certified by the Ministry of Tourism may use the star symbol or symbols that will evoke the star symbol according to the class in which they are certified.

For example, pension or hotel (1,2,3,4 and 5) star certified accommodation facility "Boutique Hotel"  cannot use the phrase. Those who use misleading and inaccurate information will be subject to administrative sanctions to be determined as a result of the audits to be carried out, and a fine of thirteen thousand five hundred Turkish liras will be imposed in the first detection, and a fine of twice the previous fine will be imposed in each detection".

The Accommodation Facility may not use misleading symbols and star symbols in brochures, web pages, social media, printed media, signboards or illuminated or non-illuminated billboards in the facility.

Thousands of accommodation facilities including Alacati, Akyaka, Bozcaada, Bodrum, Datça, Fethiye, Kaş, Kalkan, Dalyan, Selimiye, Cappadocia, Mardin and Sapanca "Boutique Hotel" The phrase "Tourism Processing Certificate" is used by these facilities. These facilities will not be able to use this phrase after obtaining Tourism Processing Certificates.

Previously, these penalties were only imposed on ministry-certified tourism facilities upon complaint or detection.

Likewise, the Advertising Board of the Ministry of Trade determines the principles to be followed in commercial promotions and advertisements and makes regulations to protect consumers against unfair commercial practices, conducts examinations and audits when necessary within the framework of these issues, suspends advertisements contrary to the provisions of Article 61 of Law No. 6502 according to the results of the examination and audit, and imposes correction and fines with the same method.

If the complaint is filed with the Ministry of Culture and Tourism and the Ministry of Trade, the fines will be around seventy thousand Turkish liras.