Laws Regulating Travel and Tour Services Notes
Laws Regulating Travel and Tour Services
Republic Act No. 9593 (Tourism Act of 2009)
Classifies inbound travel agencies, tour operators, local tour operators, ecotour operators, and tour guides as Primary Tourism Enterprises.
Requires these enterprises to obtain accreditation from the Department of Tourism (DOT) to ensure quality facilities and service standards.
Definitions
Tour Operator: An entity (single proprietorship, partnership, or corporation) engaged in arranging transportation, accommodation, and inbound tours for individuals or groups, whether for a fee or compensation.
Tour Guide: An individual who guides tourists (foreign and domestic) for a fee or remuneration.
Travel Agencies
Act as agents for clients in making travel arrangements.
Provide services like procuring tickets, facilitating travel permits/visas, and booking tours.
Act as agents of common carriers.
Republic Act No. 8239 (Philippine Passport Act of 1996)
Allows licensed travel agencies accredited by the Department of Foreign Affairs to file passport renewal applications.
The travel agency is responsible for ensuring the authenticity of supporting documents.
Accreditation of Tour Operators (Revised Rules and Regulations)
Eligibility
Resident Filipino citizen registered as a single proprietorship.
Partnership organized under Philippine laws with at least 60% Filipino ownership.
Corporations organized under Philippine laws with at least 60% Filipino ownership of subscribed common or voting shares, and at least 60% Filipino composition of the Board of Directors. Foreign-owned corporations (over 40%) must have at least US paid-in capital.
Cooperatives duly organized under Philippine laws.
Mandatory Documentary Requirements (New Applications)
Valid Mayor’s/Business Permit.
Proof of working capital of Php. (For Corporation/Partnership, Php Paid- up/partners’ capital; for single proprietorship, original copy of bank certification with cheque writer).
For General Manager, documents proving a minimum of three (3) years managerial experience in travel and tour agency operations or proof of passing a Travel and Tour Agency Management Course or its equivalent.
Notarized List of Names of all Officials and Employees (with office designation and nationality).
Minimum Office Requirements
Located in a commercial area or building.
Used exclusively for travel and tour operations.
Adequately furnished with basic furniture and equipment (executive table, chairs, computer, printer, telephone).
Minimum office floor area of 18 square meters. (Branch offices are exempted from the minimum office size requirement).
Minimum of three (3) employees: General Manager, reservation officer, and tour/product development officer.
Offices should be ventilated or have temperature control, maintaining a temperature between 20-25 degrees Celsius year-round, except in areas above 2000 ft. above sea level.
Validity of Accreditation
Certificate of Accreditation is valid for two (2) years.
Requires renewal of Mayor’s/Business permit and submission to the Department upon expiration.
Online Travel and Tour Agencies
Must comply with all basic requirements of a regular travel and tour agency.
Accreditation of Tour Guides
Requirements
Valid Mayor’s/Occupational/Working Permit.
Certificate of Training from a DOT-conducted Tour Guiding Seminar.
Valid Health Certificate (from a licensed physician).
For Regional Guides: Valid NBI Clearance.
For Community Guides: Valid Police Clearance.
Responsibilities of Travel and Tour Services
Travel agencies must exercise prudence and due diligence.
Extraordinary diligence is not required, but strict accounting for contracted services is essential.
Tour guides should anticipate tourists' needs and arrange medical attention when necessary.
Failure to exercise prudence may result in liability for moral and exemplary damages.
Prohibition Against Engaging in Recruitment Activities (Labor Code of the Philippines, Article 26)
Travel agencies and sales agencies of airline companies are prohibited from engaging in recruitment and placement of workers for overseas employment.
Disqualified parties include travel agencies, their officers/board members, and related entities.
E-Ticketing and E-Commerce (Republic Act No. 8792, Electronic Commerce Act)
E-ticketing reduces costs, eliminates paper, and allows greater flexibility.
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