Statutory instrument128of 2005

Tourism Designated Tourist Facilities Grading and Standards Regulations 2005

ARRANGEMENT OF SECTIONS

Section

3. Classification of designated tourist facilities.
4. Requirements for grading.
5. Grading of hotels.
6. Grading of lodges.
7. Grading of safari camps.
8. Grading of self-catering.
9. Grading of camping facilities.
10. Requirements for hostels. 11. Application for grading
11. Grading team.
13. Validity of grade.
14. Requirement to recruit trained staff.
16. Requirement to display official grading.
17. Sanitary norms.
18. Complaints against graded designated tourist facilities.
19. Preservation of secrecy.
20. Transitional provisions.
21. Register of designated tourist facilities.

Schedules.

THE Minister of Environment and Tourism has, in terms of section 57 of the Tourism Act [Chapter 14:20], made the following regulations:—

1. Title

These regulations may be cited as the Tourism (Designated Tourist Facilities) (Grading and Standards) Regulations, 2005.

2. Interpretation

In these regulations—

“appropriate local authority” means the local authority under whose jurisdiction, a particular designated tourist

facility falls;

“camping facilities” includes campsites and caravan parks that are used as commercial establishments for tourists or visitors, in a designated area with specific facilities for a transitory clientele;

“designated tourist facility” means any facility designated as a tourist facility in terms of section 35 of the Act,

“grading” means checking, assessing and evaluating the material and physical conditions of the premises and standard of services offered by any type of designated facility and as a particular grade,

“grading team” means grading team established in terms of section 12,

“hotel” means a classified commercial accommodation establishment, which lets furnished rooms or suites to a transitory clientele, which does not reside in the establishment and it is permanently in use throughout the year;

“lodge” means a classified commercial accommodation for tourists or visitors, of small capacity, consisting of individual units, located in natural surroundings and built in local traditional style;

“safari camp” means a removable, or semi-permanent accommodation establishment for tourists or visitors, of small capacity, consisting of individual units, located in natural surroundings and built in local traditional style;

“self catering accommodation” means a classified commercial accommodation establishment for tourists or visitors, of small capacity, consisting of private or purpose built property, providing self-catering facilities.

3. Classification of designated tourist facilities

• Hotels, lodges, camping facilities, safari camps and self catering accommodation are designated tourist facilities.
• Designated tourist facilities shall be classified in accordance with the First Schedule.

4. Requirements for grading

• All designated tourist facilities shall be graded in terms of these regulations.
• Designated tourist facilities must offer their services to their clientele in properly maintained establishments, ensuring proper conditions of accommodation, morality and professional competence.
• The minimum requirements with which a designated tourist facility shall comply in order for it to be graded shall be as set out in the Second Schedule.

5. Grading of hotels

(1) Hotels shall be graded into the following grades— (a) five-star hotels;

• four-star hotels;
• three-star hotels;
• two-star hotels; (e) one-star hotels.

(2) A hotel shall be graded in accordance with the provisions of the First, Second and Third Schedules.

6. Grading of lodges

(1) Lodges shall be graded into the following grades— (a) standard;

(b) comfortable; (c) luxury.

(2) Lodges shall be graded in accordance with the provisions of the First, Second and Fourth Schedules.

7. Grading of safari camps

(1) Safari camps shall be graded into the following grades— (a) standard;

(b) comfortable; (c) luxury.

(2) Safari camps shall be graded in accordance with the provisions of the First, Second and Fifth Schedules.

8. Grading of self-catering accommodation

(1) Self-catering accommodation shall be graded into the following grades— (a) standard;

(b) comfortable; (c) luxury.

(2) Self-catering accommodation shall be graded in accordance with the provisions of the First, Second and Sixth Schedules.

9. Grading of camping facilities

(1) Camping facilities shall be graded into the following grades—

• standard;
• comfortable; (c) luxury.

(2) Camping facilities shall be graded in accordance with the provisions of the First, Second and Seventh Schedules.

10. Requirements for hostels

The standard requirements for hostels shall be as set out in Eighth Schedule.

11. Application for grading

• Any person wishing to operate a registered designated tourist facility shall apply to the Authority for grading in the form and manner prescribed.
• Any application for grading shall be in the form prescribed in the Tenth Schedule and shall be accompanied by the following—

(a) photos (exterior and interior) including facades, typical rooms, common areas, reception etc.; (b) plans;

• description of establishment;
• insurance;
• the appropriate fee;
• relevant health certificate.
• The cost for grading will be determined from time to by the Authority.
• The applicant shall bear the cost of the plaque or insignia.

12. Grading team

• There shall be a grading team responsible for grading designated tourist facilities.
• The grading team shall consist of the following—
• two Quality Assurance Executives from the Authority; and
• one person representing the appropriate local authority;
• at least one person from the tourism industry chosen by the Authority.
• The grading team shall follow the check-list control on quality of services in the Ninth Schedule.
• The Authority shall consider and validate grading recommendations from grading team.
• Any person who successfully applies for grading shall be issued with a grading certificate in the form prescribed in the Eleventh Schedule.

13.Appeals

• If any person is aggrieved by the grading decision arrived at by the Authority, he may appeal to the Minister in terms of section 51 of the Act.
• An appeal in terms of this section shall be accompanied by a fee equivalent to the fee set for grading.
• Any appeal in terms of this section shall be accompanied by adequate written representations by the appellant.
• The Minister shall deal with any appeal in terms of the provisions of section 51 of the Act.

14. Validity of grade

• A grading decision by the Authority shall be valid for a period of two years or until reviewed for whatever reason.
• After significant renovation or transformation, a designated institution may apply for regrading.
• The Authority may consider regrading in case of frequent complaints against a designated tourist facility.

15. Requirement to recruit trained staff

• A designated tourist facility shall ensure that at least twenty five per centum of its employees is trained from institutions duly recognised and registered with the Ministry responsible for higher education.
• Employees of a designated tourist facility shall be supervised by a well trained and experienced person.
• Employees of a designated tourist facility shall put on uniforms and wear protective clothing where appropriate.

16. Insurance

• All designated tourist facilities shall be adequately insured to cover employees and third parties in case of accidents.
• Any person who contravenes this section shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such • fine and such imprisonment.

17. Requirement to display official grading

• Every designated tourist facility shall be required to display its official grading by means of a plaque or insignia supplied by the Authority.
• Any person who contravenes subsection (I) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding five months or to both such fine and such imprisonment.

18. Sanitary norms

• Every designated tourist facility shall obtain a health certificate from the appropriate local authority.
• Every designated tourist facility shall ensure that its premises present no risk of contamination for the foodstuffs.
• All rooms used for preparing food, interior walls and equipment shall be cleaned and disinfected after each period of work.
• Food handlers shall obtain health certificates.

19. Complaints against graded designated tourist facilities

• Any person who is not satisfied with the standards at any graded designated tourist facility may lodge written complaint with the Authority.
• Upon receiving a complaint in terms of subsection (1), the Authority shall invite the designated tourist facility concerned to respond in writing.
• The Authority shall investigate any complaint lodged with it in terms of these regulations.
• If after investigations in terms of subsection (3), any person is found guilty, the Authority may— (a) issue a warning; or
• down grade the tourist facility concerned; or
• strike the tourist facility off the register until satisfactory conditions are reestablished; or
• impose a penalty not exceeding level five; or (e) impose any other penalty as it deem fit.

20. Preservation of secrecy

• No member of the grading team shall disclose any information which he or she has acquired in the performance of his or her functions which relates to the financial or business affairs of any designated tourist facility.
• Subsection (1) shall not apply to—
• any disclosure made by the person concerned in the performance of his or her functions under the Act or these regulations or when required to do so by a court or in terms of any other enactment; or
• the disclosure of any information that is generally known to members of the public or a substantial section of the public.

(3) Any person who contravenes subsection (I) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

21. Transitional provisions.

• Designated tourist facility, whether graded or not at the time of promulgation of these regulations, must apply for regrading or grading within a period of six months.
• A designated tourist facility shall retain its original grade until a decision has been taken concerning its application.
• Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment

22. Register of graded designated tourist facilities

• The Authority shall keep an up-to-date register of graded designated tourist facilities.
• Any promotional material must indicate the official grading of the designated tourist facility and its registration number and product category as indicated in the register.
• Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or, to both such fine and such imprisonment.

23. Repeal

The Development of Tourism (Hotels) (Groups and Grades) Notice 1980, published in Statutory Instrument 424 of 1980, is repealed.