The document outlines various laws regulating travel, tourism, and related businesses in the Philippines. It discusses laws around tour operators and guides, requirements for travel agency accreditation including nationality restrictions for ownership, standards for airline-appointed agencies, and restrictions against recruitment activities. Laws are also summarized covering restaurants, casinos, caterers, retail, and those aimed at protecting public safety and private property for cultural and tourism establishments.
2. NATURE &
DESCRIPTION OF THE
BUSINESS (LAW)
Tour Operator shall mean an entity which may either
be a single proprietorship, partnership or corporation
regularly engaged in the business of extending to
individuals or groups, such services pertaining to
arrangements and bookings for transportation and or
accommodation, handling and/or conduct of inbound
tours whether or not for a fee, commission, or any form
of compensation.
Tour Guide shall mean an individual who guides
tourists, both foreign and domestic, for a fee,
commission, or any other form of lawful remuneration.
3. Discussion of the Law
A travel agency’s services include
procuring tickets and facilitating travel
permits or visas as well as booking
customer for tours.
Philippine Passport Act of 1996 –
renewal of application for the issuance of
passports may be filed by any licensed
travel agency duly accredited by the DFA
4. ACCREDITATION OF
TRAVEL AGENCIES
AND TOUR OPERATORS
(LAW) May Apply for Accreditation. The following
Sec 2. Who
may apply for accreditation as tour operator and travel
agency:
A. A resident Filipino citizen
B. A partnership organized under the laws of the
Philippines, at least 60% of its capital being owned by
Filipino citizens; and
C. Corporations organized under the laws of the
Philippines, at least 60% of the subscribed common or
voting shares of stocks of which is owned by Filipino
citizens and the composition of its BODs being at least
60% Filipinos.
5. Accreditation under
the International Air
Transport Association
2 Distinctive Types of Travel Agencies
Airline Appointed Agencies
Holding ticket stock or capable of e-ticketing
Travel Sales Intermediary Agencies
Other categories of travel agencies
6. AIRLINE APPOINTED
SERVICES
STANDARDS FOR ACCREDITATION:
1.) Manager Qualifier
Full time person authorized to make managerial decisions
and exercise daily supervision of the location
2.) Technical Qualifier
Full time person who performs or supervises the
performance of all technical aspects of selling commercial
air transportation
3.) Premises
4.) Financial Capability
5.) Security Standards
7. ACCREDITATION OF
TOUR GUIDES
Sec 9. Requirements for Issuance of
Accreditation. An applicant for
accreditation as tour guide shall submit
the following:
Proof that the applicant has passed a
seminar for tour guides
Certificate of good health
NBI Clearance
Mayor’s Permit
Latest ITR
8. PROHIBITION AGAINST
ENGAGING IN
RECRUITMENT
ACTIVITIES
Art 26 of Labor Code. Travel agencies
Art 26 of Labor Code. Travel agencies
and sales agencies of airline companies
are prohibited from engaging in the
business of recruitment and placement of
workers for overseas employment
whether for profit or not.
9. E-Ticketing
It reduces ticket processing charges,
eliminates the need for paper and allows
greater flexibility to the passenger and
the travel agent to make changes on the
itinerary.
11. NATURE &
DESCRIPTION OF
BUSINES
A restaurant is any establishment
offering to the public refreshments and/or
meals.
A department store is a store that sells or
carries several lines of merchandise and
that is organized into separate sections
for the purpose of promotion, service,
accounting, and control.
12. NATURE &
DESCRIPTION OF
BUSINES
A shop is a small retail establishment
offering a line of goods or services.
A sports and recreational club/center is
any establishment offering sports and
recreational facilities to tourist and to the
general public.
13. NATURE &
DESCRIPTION OF
BUSINES
A museum is an institutional
establishment where a collection of
valuable objects and artifacts on history
and culture, arts and sciences are put on
exhibition for the general public.
A karaoke bar is any establishment
offering karaoke and videoke facilities to
tourists and to the general public.
14. NATURE &
DESCRIPTION OF
BUSINES
A gallery is any establishment that has a formal
space for exhibition of paintings, sculptures,
prints, photographs, potteries and mixed media
works.
A spa is an establishment that has a holistic
approach to health and wellness, rest and
relaxation that aims to treat the body, mind and
spirit by integrating a range of professionally
administered health, wellness, fitness and
beauty, water treatment and services.
15. NATURE &
DESCRIPTION OF
BUSINES
Tertiary hospital – it is an institution, for
medical tourism, that provides clinical care and
management as well as specialized and sub-
specialized forms of treatments, surgical
procedure and intensive care.
Medical tourism – involves travelling for the
purpose of availing health care services or
treatments of illnesses and health problems in
order to maintain one’s health and well being.
16. LAWS GOVERNING
CASINOS & GAMING
ESTBALISHMENTS
The PAGCOR (Philippine Gaming
Amusement Corporation) was
established to regulate all games of
chance in the Philippines.
17. Persons not allowed to
stay and/or play at the
gambling casinos
Government officials
Members of PNP and AFP
Persons under 21 years of age or
students of any school
18. Laws Regulating
Caterers
A caterer is defined as a person, firm or
association providing food and supplies,
and sometimes services, for parties,
weddings and other social functions.
19. 2 Kinds of Catering
Services
On-premise catering – the caterer has
his own banquet hall with an attached
kitchen or production area
Off-premise catering – the caterer brings
the complete service to the customers. It
is a kind of banquet operation that takes
place in a venue chosen by a client or in
an airline, boat, industrial site and other
places.
20. Food Caterer’s of the
Philippines (FCAP)
It is a group of catering companies with
the need to professionalize the industry
and serve the needs of the Philippine
catering industry.
21. Food, Drug, &
Cosmetic Act
The law seeks to ensure safety and good
quality supply of food, drugs and
cosmetics, and to regulate the
production, sale and traffic of the same to
protect the health of the public.
22. Retail Trade
Nationalization Law
The Philippine retail industry is liberalized
to encourage Filipino consumer through
lower prices, higher quality goods, better
services and wider choices.
23. National Internal
Revenue Code
It has imposed excise taxes on the
purchase of alcohol.
24. Local Government
Code
Every local government unit shall
exercise the powers expressly granted,
those necessarily implied there from, as
well as powers necessary, appropriate,
or incidental for its efficient and effective
governance, and those which are
essential to the promotion of the general
welfare.
25. Vandalism (Malicious
Mischief)
Malicious mischief is a crime usually
committed by customers, visitors or by-
passers in recreational centers,
museums, galleries, cinemas, theaters,
churches, cultural landmarks and other
related tourism sites.
26. Theft
This is committed by any person who,
with intent to gain but without violence
against or intimidation of persons nor
force upon things, shall take personal
property of another without the latter’s
consent.