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Cumhuriyet Mah. Palmiye Sok. Azakoğlu Sitesi A.3 Blok Alanya Tel:0242.514 34 74 – 5 Fax:0242.5143473
07.03.2011
Bulletin:009/2011
Dear Member,
The Regulation on Amending the Regulation on the Certification and Qualities of Tourism Facilities has entered into force, having been published in the Official Gazette dated 05.03.2011 and numbered 27865.
With the regulation, significant changes have been made in the sections regarding applications for investment, operation, and direct tourism enterprise certificates, the evaluation of applications by the ministry, requests for certificate transfers, applications concerning the use of terms for beauty and aesthetic purposes in facility names, the classification of hotels, holiday villages, themed and special facilities, and boutique hotels.
The regulation in question is submitted for your information in the attachment to our letter.
Sincerely.
Mehmet DAHAOĞLU
Secretary General
www.alanya.com.tr info@altid.org.tr
SATURDAY, March 5, 2011
Official Gazette
Number: 27865
REGULATION
Decision Number: 2011/1271
The enactment of the attached “Regulation on Amending the Regulation on the Certification and Qualities of Tourism Facilities”; was decided by the Council of Ministers on 3/1/2011, pursuant to paragraph (A) of Article 37 of the Tourism Encouragement Law No. 2634, upon the letter of the Ministry of Culture and Tourism dated 20/10/2010 and numbered 217394.
Abdullah GÜL
PRESIDENT
Recep Tayyip ERDOĞAN
Prime Minister
C. ÇİÇEK B. ARINÇ A. BABACAN M. AYDIN
Deputy Minister of State, Deputy Minister of State, Deputy Minister of State, Minister of State
H. YAZICI F. N. ÖZAK M. Z. ÇAĞLAYAN F. ÇELİK
State Minister State Minister State Minister State Minister
E. BAĞIŞ S. A. KAVAF C. YILMAZ S. ERGİN
State Minister State Minister State Minister Minister of Justice
M. V. GÖNÜL B. ATALAY A. DAVUTOĞLU M. ŞİMŞEK
Minister of National Defense, Minister of Interior, Minister of Foreign Affairs, Minister of Finance
N. ÇUBUKÇU M. DEMİR R. AKDAĞ B. YILDIRIM
Minister of National Education Minister of Public Works and Settlement Minister of Health Minister of Transport
M. M. EKER Ö. DİNÇER N. ERGÜN T. YILDIZ
Minister of Agriculture and Forestry, Minister of Labour and Social Security, Minister of Industry and Trade, Minister of Energy and Natural Resources
E. GÜNAY V. EROĞLU
Minister of Culture and Tourism Minister of Environment and Forestry
REGARDING THE CERTIFICATION AND QUALITIES OF TOURISM FACILITIES
REGULATION ON THE AMENDMENT OF THE REGULATION
ARTICLE 1- Article 5 of the Regulation on the Certification and Qualities of Tourism Facilities, which entered into force with the Council of Ministers Decision dated 10/5/2005 and numbered 2005/8948, has been amended as follows.
“ARTICLE 5- In applications for tourism investment certificates, the documents specified below shall be submitted to the Ministry:
a) An application petition containing the trade registry number and tax registry number in the event that the request is made on behalf of a legal entity or partnership, or the Republic of Türkiye identity number in the event that the request is made on behalf of a real person.
b) A report containing declarations regarding the location, type and class, capacity, and ownership status of the investment, as well as whether it is located within culture and tourism protection and development zones or tourism centers.
c) Signature circular or signature declaration.
d) If a name registration has been made, the document regarding the registration.
e) If the facility is to be established in a registered cultural asset, the document regarding this.
f) In the event that the investment is located on public property, a letter of conformity from the relevant institution regarding type, class, and capacity.”
ARTICLE 2- Article 6 of the same Regulation has been amended as follows.
“ARTICLE 6- In the event that the certified tourism investment is completed and ready for operation, the certificate holder shall apply to the Ministry together with the documents specified below:
a) An application petition also stating the periods during which the facility is open and closed for business.
b) Business opening and operating license.”
ARTICLE 3- Article 7 of the same Regulation has been amended as follows.
“ARTICLE 7- In requests regarding the direct acquisition of a tourism operation certificate without obtaining a tourism investment certificate, an application shall be made to the Ministry along with the documents specified in Articles 5 and 6.”
ARTICLE 4- Article 8 of the same Regulation has been amended as follows.
“ARTICLE 8- Requests regarding the issuance of a tourism certificate, the conversion of this certificate into another tourism certificate, the modification of its scope, the transfer of the certificate, the extension of its duration, and classification matters shall be examined by the Ministry.
Applications are finalized within sixty days from the delivery of the application documents to the Ministry. Within this period, applications made with incomplete or non-compliant documents are rejected, with the reasons specified. Among those whose applications are deemed appropriate, those requesting an investment certificate or a partial tourism enterprise certificate related to the investment shall be certified, while those requesting a tourism enterprise certificate or a partial tourism enterprise certificate related to the enterprise shall be included in the inspection program. Among the facilities included in the inspection program, those deemed appropriate as a result of the inspection shall be certified.
In applications for a direct tourism enterprise certificate or a partial tourism enterprise certificate, in cases where only deficiencies in documentation are identified as a result of the inspection, the applicant shall be granted a period of thirty days by the Ministry to complete the missing documentation.
In the event that requests for a direct tourism enterprise certificate and a direct partial tourism enterprise certificate are deemed unsuitable following two consecutive inspections conducted from the date of the first inspection, the next application of those individuals shall be processed provided that six months have passed from the date the result of the most recent inspection was notified.
After a tourism enterprise certificate or a partial tourism enterprise certificate has been issued, a copy of the certificate is sent to the administration that issued the business opening and operating license. If there is a discrepancy between the business opening and operating license and the certificate or facility, or if a change occurs, the relevant administration is obliged to notify the Ministry of the situation.
In cases of requests for additional construction or capacity changes in facilities licensed with a tourism enterprise certificate or a partial tourism enterprise certificate, or in the event that such a situation is detected during an inspection, the business opening and operating license issued by the relevant administration, or a document regarding the validity of the existing business opening and operating license, shall be requested.
“During inspections; regarding the metric limits specified in the Regulation, non-compliances of at most ten percent of the limits may be deemed appropriate, taking into account functional and regional characteristics.”
ARTICLE 5- Article 9 of the same Regulation has been amended as follows.
“ARTICLE 9- In requests regarding the transfer of a tourism certificate, the Ministry shall be applied to with the documents specified below:
a) An application petition containing the trade registry number and tax registry number in the event that the request is made on behalf of a legal entity or partnership, or the Republic of Türkiye identity number in the event that the request is made on behalf of a real person.
b) Business opening and operating license.
c) Signature circular.
d) If a name registration has been made, the document regarding the registration.
e) The contract and title deed of facilities located on public property for which an independent and continuous right of superficies has been established; the compliance letter from the relevant institution for facilities that do not have an independent and continuous right of superficies.
During inspections, if it is determined that the facility operator is different from the certificate holder or the operator specified in the certificate, the Ministry shall request the documents required for the transfer of the certificate upon request. In the event that there is no request for the transfer of the certificate, the tourism certificate belonging to the facility shall be canceled.
Except for procedures carried out upon the opinion of the institution that made the allocation in allocated facilities or investments, administrative procedures carried out by the Ministry do not prevent the evaluation of document transfer requests.
“A change in the document holder does not eliminate the facility's criminal record.”
ARTICLE 6- Article 10 of the same Regulation has been amended as follows.
“ARTICLE 10- For the purpose of evaluating the physical characteristics of the facility as well as the continuity of its operation and service quality, a classification study shall be conducted in facilities with a tourism enterprise certificate upon request or in cases deemed necessary by the Ministry.
Evaluation forms based on a scoring system, which are prepared by the Ministry for classification studies and include criteria such as the qualities of the facility's type and class, capacity, physical characteristics, the standard of materials used, operation and service quality, as well as the qualifications and education level of the personnel, are processed at the facility by the Classification Commission.
The Classification Commission consists of two Ministry inspectors and a representative from an association or union formed by tourism-certified facilities. In cases where there is no representative from an association or union, an additional Ministry inspector joins the Commission. The senior inspector chairs the Commission.
As a result of the classification studies; the class of the facility is determined based on the score set by the Classification Commission, regardless of minimum physical qualities and quantities.
“The next application of facilities whose classification requests have been evaluated three consecutive times shall be processed provided that at least six months have passed from the date the result of the last evaluation was notified.”
ARTICLE 7- Article 14 of the same Regulation has been amended as follows.
“ARTICLE 14- Applications regarding the use of terms related to beauty, aesthetics, and physical care units in the name of the facility shall be taken into consideration on the condition that at least five units such as a gymnasium, a sauna equipped with an alarm system, a Turkish bath, a steam bath, a snow room, a salt room, a salt steam room, a hot stone room, massage units, massage units with equipment, skin care units, and a heated pool are included in the facility capacity, and that these services are provided by personnel who have received training in these subjects.”
ARTICLE 8- Article 19 of the same Regulation has been amended as follows.
“ARTICLE 19- Hotels are facilities whose primary function is to provide the accommodation needs of customers and which, alongside this service, can also include auxiliary and complementary units within them for food and beverage, sports, and entertainment needs. Hotels are classified as one, two, three, four, and five-star hotels.
One-star hotels possess the following qualities:
a) At least ten rooms.
b) Except for facilities kept open only during the summer season, a windbreak, air curtain, revolving door, or similar arrangement at the entrance.
c) A reception and an acceptance hall consisting of a lobby sufficient for the capacity, providing comfortable seating opportunities (If a separate lounge of sufficient size is available, the requirement to provide the specified facility in the lobby is not sought.).
d) Breakfast office and breakfast hall (If a seating lounge or restaurant of sufficient size is available, these areas may also be used for the purpose of serving breakfast; in summer facilities, part of the hall used for this purpose may be open-air.).
e) Management office.
f) In cases where the number of floors the customer will descend to or ascend from is more than three, a customer elevator proportional to the hotel capacity.
g) Buffet service between 06:00 - 24:00.
h) Cabinet containing first aid materials and equipment.
i) Telephone in rooms with a direct connection to the outside.
j) A safety deposit box in a number of receptions capable of serving at least twenty-five percent of the number of rooms, or a valuables safe in all guest bedrooms.
k) High-quality materials such as carpet, ceramic, or parquet that completely cover the floorings of common areas and bedrooms.
Two-star hotels, in addition to the requirements sought for one-star hotels, possess the following qualities listed below:
a) Air conditioning in general areas according to climate conditions.
b) Office or locker for housekeeping on guest room floors.
c) Hairdryer in the rooms.
d) In-room beverage service.
Three-star hotels; in addition to the requirements for two-star hotels, possess the following qualities listed below:
a) Air conditioning in rooms according to climate conditions.
b) Providing seating capacity at a rate of twenty-five percent of the number of beds, in the lobby or in a separately arranged lounge.
c) An additional management room.
d) Television in rooms.
e) Ensuring that mini bars and service equipment suitable for the available types of food and beverages are provided in the rooms.
f) At least one of the following: a swimming pool, a second-class restaurant, a cafeteria, or a multi-purpose hall or meeting hall unit with a capacity of at least fifty people, calculated such that there is at least 1.2 square meters of area per person.
g) Laundry and ironing service.
h) Reservation procedures being carried out in an electronic environment.
i) Twenty-four hour buffet service.
Four-star hotels; in addition to the requirements for three-star hotels, possess the following qualities listed below:
a) Telephone service in the reception hall.
b) In cases where the number of floors where customers will arrive or depart is more than two, a customer elevator proportional to the capacity of the hotel.
c) Air conditioning in rooms and general areas.
d) In the rooms; bedspread, mini bar, valuables safe.
e) Room service between 06:00 - 24:00.
f) Dry cleaning and tailor services.
g) Floor office arrangement on each floor (Provided that service is not disrupted in facilities arranged in detached layouts, it is not mandatory for a floor office to be located on every floor.).
h) Sales unit.
i) A reading area containing documents such as periodicals and books in various languages.
j) A minimum second-class restaurant serving at least fifty percent of the facility's bed capacity, provided that its capacity is not less than one hundred people.
k) A luggage room of sufficient size and a cloakroom service in this area.
l) Service stairs or elevators (The principles regarding the provision of service stairs or elevators in facilities arranged in the form of detached settlements shall be determined by the Ministry.).
m) At least fifteen percent of the total personnel must be trained in their field.
n) Administrative personnel being trained in their field or having at least five years of experience.
o) A working office equipped with office tools such as a telephone, fax, and internet-connected computer.
p) A system for leaving messages in rooms or the provision of services directed toward this purpose.
r) Additionally;
1) A multi-purpose hall and foyer for at least one hundred people, with at least 1.2 square meters of area per person,
2) A meeting hall with equipment and seating arrangements for at least one hundred people, providing at least 1.2 square meters of area per person,
3) An indoor hall with a capacity of at least one hundred people, where cabaret, theater, and cinema events can be held,
4) A conference hall with at least 1.2 square meters of area per person and a capacity of at least two hundred people, simultaneous interpretation service facilities and a foyer connected to the hall, secretarial services, and at least two meeting rooms connected to the foyer or the hall,
5) A nightclub or disco with a capacity of at least one hundred people, providing at least 1.2 square meters of area per person,
6) A bar hall with at least one hundred people, providing at least 1.2 square meters of area per person,
7) A banquet hall for at least one hundred people, with at least 1.2 square meters of area per person,
8) A restaurant providing à la carte service, with a Turkish cuisine menu and service and furnishings reflecting traditional Turkish culture, of at least second class,
9) At least two second-class restaurants providing à la carte service, which have a menu belonging to one of the cuisines of other cultures and whose service and decoration reflect the culture to which they belong,
10) A gymnastics hall of at least 40 square meters; at least four of the following units: Turkish bath, steam bath, snow room, salt room, salt steam room, hot stone room, sauna with an alarm system, massage units, massage units with equipment, and skin care units,
11) A bowling-billiards hall, a wall tennis hall; a garden and a childcare and play room featuring play and relaxation areas and toilets for children accompanied by expert staff; and at least four of the following units providing a golf course, tennis court, gym, outdoor sports field, go-kart track, ski slope, or similar facilities,
12) Outdoor swimming pool,
13) Indoor swimming pool,
at least three of its units.
Five-star hotels are hotels with at least one hundred and twenty rooms that demonstrate superior characteristics in terms of settlement status, structure, installation, equipment, decoration, and service standards, and whose total staff consists of at least twenty-five percent trained personnel. In addition to the requirements sought for four-star hotels, five-star hotels possess the following qualifications:
a) In cases where the number of floors for customer arrival or departure is more than one, a customer elevator proportional to the hotel's capacity.
b) In the rooms, a central lighting switch and socket at the bedside, and a full-length mirror.
c) At least five branded items in the rooms, such as bathrobes, dental kits, disposable slippers, sewing kits, shoe polishers, polish, shower foam, makeup removal pads, boxed facial tissues, and umbrellas.
d) A telephone in the bathrooms, connected to the reception.
e) A non-smoking room arrangement covering at least five percent of the total room capacity, consisting of no fewer than six rooms.
f) At least six of the units specified in subparagraph (r) of the fifth paragraph.
g) Twenty-four hour room service.
h) Garage or covered parking lot, twenty-four hour duty personnel in these areas.
i) Satellite access television, video player, and free internet facilities in the rooms.
j) Men's and women's hairdresser.
k) Sales units.
l) At least the second class of restaurant providing à la carte service.
m) Services such as customer relations and consultancy being provided by trained and experienced personnel in a location separate from the reception.
n) A telephone connected to the reception in the floor corridors.
ARTICLE 9- Article 21 of the same Regulation has been amended as follows.
“ARTICLE 21- Holiday villages are facilities consisting of structures seen to be at most three stories high on all facades, located within an extensive settlement layout where various sports, entertainment, and retail services are provided alongside comfortable accommodation amidst natural beauties, and which contain at least eighty rooms. In holiday villages, high-quality landscaping is carried out, with care taken to preserve natural assets and local values. Holiday village boundaries are secured, a control unit is provided at the entrance, and a parking lot is arranged within the facility.”
Holiday villages possess the following qualities:
a) Management facilities:
1) A reception area consisting of a reception desk, information desk, telephone booth, and waiting area.
2) Luggage storage service with a sufficiently large luggage room.
3) At least two management rooms.
4) Luggage porterage service.
5) Service delivery such as visual documents that introduce the entire facility to customers and facilitate access to all units.
b) Overnight units:
1) The arrangement of the other units of the holiday village in a manner that protects them from disturbing effects such as noise.
2) Directional signs that will ensure easy access for customers to rooms and other units and will be visible in the dark.
3) Air conditioning according to climate conditions.
4) Providing direct external telephone service in rooms, a message leaving system, or services directed towards such purposes.
5) Hairdryer in room bathrooms.
6) In-room valuables safe and mini bar.
7) A number of housekeeping offices sufficient to ensure the provision of housekeeping services.
c) Sports, entertainment, food and beverage, relaxation facilities and landscaping:
1) At least four of the various sports facilities suitable for the establishment site of the facility, such as gymnastics, billiards, bowling, golf, tennis, volleyball, badminton, trampoline, squash, water sports, skiing, and marine sports.
2) Indoor or outdoor swimming pool.
3) At least three of the auxiliary facilities, such as relaxation terraces, open or closed bars, an open-air theater, or an open-air dance floor, for the purpose of utilizing free time.
4) At least two multi-purpose halls.
5) Children's playgrounds and special toilets for children in these areas.
6) At least one second-class restaurant compatible with the structural and operational characteristics of the holiday village, with air conditioning in the indoor section of the restaurant according to climate conditions, and necessary measures to protect against sun and rain in its outdoor sections.
7) A sitting room or local area separate from the reception area.
8) Sales units.
9) Air conditioning according to climate conditions.
10) Laundry and ironing service.
d) Personnel: It is required that at least fifteen percent of the total number of personnel have received training in their field, and that administrative personnel are trained in their field or have at least five years of experience.
Facilities possessing the qualities specified in the second paragraph are classified as four-star resorts; facilities that demonstrate superior characteristics in terms of settlement features, structure, installation, equipment, decoration, and service, consist of a total staff where at least twenty-five percent are trained personnel, and possess the qualities specified below in addition to those required for a four-star resort, are classified as five-star resorts:
1) Satellite access television and video player in the rooms; at least five items of branded amenities such as bathrobes, dental kits, disposable slippers, shower gel, makeup removal pads, and boxed facial tissues in the bathrooms.
2) Separate seating groups and high-quality outdoor area arrangements in sections of the rooms such as balconies and terraces.
3) A room arrangement where tobacco and tobacco products are not smoked, covering at least five percent of the total room capacity, consisting of no fewer than four rooms.
4) The restaurant's capacity must be at least one hundred people, and it must have air conditioning in its indoor section, as well as necessary measures to protect against sun and rain in its outdoor sections.
5) A separate hall offering a disco, nightclub, or similar entertainment facility.
6) A childcare room and garden providing childcare and play opportunities for children under the supervision of expert staff.
7) Turkish bath or sauna.
8) Men's and women's hair salon.
9) Dry cleaning service.
10) Providing additional entertainment opportunities such as special nights, competitions, and parties, and ensuring the participation of customers in these activities.
11) A premises where internet service is provided at a level sufficient to meet the rate of five percent of the number of rooms.
12) "Services such as customer relations and consultancy being provided by trained and experienced personnel in a location separate from the reception."
ARTICLE 10- Article 36 of the same Regulation, including its title, has been amended as follows.
“Themed facilities
ARTICLE 36- Themed facilities are facilities that possess all the qualities of any of the facilities specified in the second and third paragraphs, providing viewing, entertainment, and information services to customers based on any theme such as science, culture, or sports.
Theme parks are entertainment and information-oriented facilities where specific subjects, such as the world of the future, science, science fiction, history, culture, the preservation of plant and animal species in their natural habitats, safari parks, or film studios, are introduced and presented to customers for participation and live viewing through the aid of advanced visual and auditory technology. The park includes sections decorated according to the main themes, where products with traditional or international characteristics are exhibited and sold. Within the park, sports facilities and food and beverage facilities built and decorated in accordance with the themes are provided. The safety systems of the play and excursion elements in the park must have documentation proving that they comply with the standards applied in their country of manufacture and in Türkiye. Theme parks, which can be established on a plot of at least fifty thousand square meters, possess the minimum qualities specified below:
a) A parking area for automobiles and buses at a rate of five percent of the facility area.
b) Fire alarm and extinguishing, announcement, and closed-circuit television systems within the park.
c) A clinic equipped with first aid tools and supplies where doctor and nurse services are provided.
d) Sufficient generator capacity.
e) Regulations for the physically disabled (such as general toilets, circulation areas).
f) Separate toilets for female and male customers.
Sports-themed facilities are facilities located within a five-star hotel or resort that are used by the relevant institution to host national and international sports matches or competitions and provide viewing opportunities, thereby contributing to tourism. In addition to the qualities determined by the relevant institution regarding sports matches, sports-themed facilities possess the minimum qualities specified below:
a) Regulations for the physically disabled (such as general toilets, circulation areas, and viewing seat arrangements).
b) Sales units.
c) Minimum second-class restaurant or cafeteria.”
ARTICLE 11- Article 42 of the same Regulation has been amended as follows.
“ARTICLE 42- Special facilities are facilities that possess at least one of the characteristics specified in the second and third paragraphs, contribute to the country's tourism, and are deemed appropriate for support by the Ministry.
The building where the facility is located or the area in which it is situated must possess at least one of the following characteristics:
a) Architectural originality.
b) Historical value.
c) Natural feature.
c) Artistic value.
d) Structures, furnishings, or decorations reflecting local, national, or other nations' cultures.
e) Construction and decoration with superior quality or specialized materials.
The operation of the facility must possess at least one of the following characteristics:
a) Having a brand or reputation of at least five years, nationally or internationally, in the field in which it operates.
b) Reflecting local, national, or other nations' cultures in its field of activity.
In private facilities, qualified service must be provided with experienced or trained personnel, in a number capable of serving at least twenty percent of the total bed/cover capacity.
Private facilities possess the service-enhancing qualities determined by the communiqué.
“Applications to the Ministry for private facility tourism operation certificates shall be made with detailed visual and written documentation regarding the characteristics of the facility.”
ARTICLE 12- Article 43 of the same Regulation has been amended as follows.
“ARTICLE 43- Boutique hotels are hotels that possess originality in terms of their structural features, architectural design, furnishing, decoration, and materials used; provide superior standards and high quality in terms of operation and service; offer personalized service with experienced or professionally trained personnel; and have a minimum of ten and a maximum of sixty rooms. Boutique hotels possess the following qualities:”
a) Furnishing and decoration with furniture and materials featuring characteristics such as modern, reproduction, or antique.
b) Comfortable rooms that meet the qualities determined for five-star hotel rooms.
c) A lobby including a reception hall sufficient for the capacity, and, if the lobby area is sufficient, a seating area arranged in a part of the lobby or a separate lounge.
d) Management office.
e) A minimum second-class restaurant providing à la carte service to at least seventy-five percent of the facility's bed capacity, provided that its capacity is not less than fifty people.
f) Air conditioning system in common areas.
g) Twenty-four hour room service.
h) Laundry and dry cleaning service.
i) Parking service.
j) At least one daily newspaper service selected by the customer and a turndown service for the customer's bedroom.
k) Customer elevator and stairs for facilities organized on multiple floors.
l) The facility providing services with trained personnel at a rate of at least fifty percent of the customer bed capacity.
m) Separate changing areas, lockers, showers, and toilets for female and male personnel.
n) Presence of at least one of the following units:
1) A banquet hall for at least fifty people with 1.2 square meters of area per person; a hall for fifty people capable of hosting cabaret, cinema, and theater events; at least one of the library units with a minimum size of 60 square meters.
2) Outdoor or indoor swimming pool.
3) At least three of the following: gymnastics hall, bowling-billiards hall, library; Turkish bath, steam bath, snow room, salt room, salt steam room, hot stone room, sauna with an alarm system, massage units, massage units with equipment, skin care units, sports field, tennis court, ski slope, wall tennis hall, or units providing similar facilities.”
ARTICLE 13- Article 52 of the same Regulation has been amended as follows.
“ARTICLE 52- A tourism certificate; may also be issued to facilities formed by the combination of multiple types or classes that are included in this Regulation and fulfill the minimum mandatory qualities for their own type and class.
In tourism complexes, tourism cities, and holiday resorts, within apart-hotel units, holiday sites, and boutique holiday villas, as well as in tourism-certified facilities other than apart-hotels, personal rights subject to annotation such as timeshare property—excluding timeshare rights—cannot be registered in the land registry, tourism certificates cannot be issued to such facilities, and the certificates of facilities found to have partially or fully transitioned to this system shall be canceled.
Tourism investment certificates cannot be issued to private facilities, holiday complexes, boutique holiday villas, detached apart hotels, and pensions that are not part of structures with the status of registered cultural assets.
In facilities where personal rights subject to annotation, such as timeshares specified in the second paragraph, can be registered in the land registry; in contracts to be made with third parties regarding these rights, the following expression shall be included, written in a font size at least three points larger than the general typeface used: “In the event that the Tourism Certificate is cancelled in accordance with the Law, the continuity of operation and quality shall not be the responsibility of the Ministry.” In allocated investments and enterprises, it shall be stated in the allocation specification that this phrase will be annotated in the land registry.
In cases where the units belonging to the facility are located on different parcels separated by roads, watercourses, or similar divisions, all units shall be evaluated within the scope of a single document, provided that service and operational unity and functional connection are ensured.
Species that cannot be certified independently are not permitted to operate in a manner that would supersede the primary functions of the species they are part of that can be certified independently.
In the event that the matters specified in the relevant legislation are fulfilled and deemed appropriate by the Ministry; tourism certificates and culture certificates may be converted into one another.”
ARTICLE 14- Article 2 provisional of the same Regulation has been amended as follows.
“PROVISIONAL ARTICLE 2- Tourism certificates regarding facilities documented by the Ministry before the date this Regulation enters into force shall remain valid as long as the minimum qualities included in the legislation in force at the time they were documented are maintained by the said facilities. However, the said facilities must provide the service-enhancing elements to be determined by notification.
“The class of facilities that were certified before the date this Regulation enters into force and, as a result of a capacity change, can meet the capacity of one of the lower classes according to their current class, shall be determined by the classification study.”
ARTICLE 15- The temporary article 3 and temporary article 5 of the same Regulation have been repealed, and temporary article 6 has been amended as follows.
“PROVISIONAL ARTICLE 6- Tourism operation certificates issued before the entry into force of the Municipality Law No. 5272 dated 7/12/2004 and the Special Provincial Administration Law No. 5302 dated 22/2/2005 shall serve as business opening and operating licenses. However, tourism operation certificates issued after the publication of these laws cannot be used as business opening and operating licenses.”
ARTICLE 16- This Regulation shall enter into force on the date of its publication.
ARTICLE 17- The Minister of Culture and Tourism shall execute the provisions of this Regulation.
The Official Gazette in which the Regulation was Published
Historical
Number
21/6/2005
25852
Official Gazettes in which the Regulations Amending the Regulation were Published
Historical
Number
1
24/5/2008
26885
2
24/7/2009
27298