On 03.10.2023, the Ministry of Tourism and Environment submitted for public consultation the Draft Law “On Amending the Law No.93/2015 ‘On Tourism’, as amended” (the Draft Law).
The substantial growth in tourism in Albania brings the need of reviewing the existing legislation pertaining to the tourism sector with the goal to diminish informal practices while enhancing service standards and promoting consumer protection.
The proposed Draft Law broadens the categorization of accommodation structures by including additional categories, such as: apartments, apartment blocks, rooms, and villas. Also, the following new concepts are added in the list:
Cultural Heritage Hotel – an accommodation structure located within recognized cultural heritage sites in areas officially designated as cultural heritage sites by the relevant cultural heritage authorities.
Distributed Hotel – an accommodation structure in which hospitality services are provided to guests through houses, apartments, or rooms located in different buildings and managed by the same tourism entrepreneur.
Any entity seeking to operate as an accommodation structure must apply for a ‘certificate of categorization’, within 30 (thirty) days from its registration with the National Business Center. This certificate shall be issued by the ministry responsible for tourism and does not have an expiration date. Engaging in accommodation services without possessing this certification can be subject to fines ranging from ALL 20,000 to ALL 400,000.
Also, the Draft Law provides for the obligation of the accommodation structures to conduct the electronic registration of the guests including information about the number of visitors, duration of stay, nationality, place of residence, gender, and age.
Moreover, the Draft Law introduces the establishment of Destination Management Organization (DMO) as a leading organizational entity that includes both public institutions and tourism fostering collaborations within the tourism sector. The administrative structure of DMO can range from a single public institution to a public/private partnership or an NGO model. Its primary role is to initiate, coordinate, and oversee various activities, including the implementation of tourism policies, strategic planning, product development, promotion, marketing, and tourism business operations.
The Draft Law introduces new criteria for entities looking to engage in agritourism activities:
- The necessity of having a farm, whether owned or rented, that is relevant to agritourism activities.
- The necessity of having appropriate accommodations for guests.
- The provision of food and beverages either produced on their own farm or locally sourced.
- The inclusion of entertainment and educational activities.
The specific criteria, documentation requirements, and certification procedures for agritourism shall be determined upon decision of Council of Ministers.
Finally, the Draft Law includes the following additional obligations to all tourism entrepreneurs:
- Display the business name, the procedure for handling complaints, and the price list for food and services in a prominent location accessible to the public, in both Albanian and English.
- Ensure the quality of the services offered.
- Maintain a valid insurance contract for third-party liability coverage in cases of non-compliance, including insolvency and bankruptcy.
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