Cape Verde Law Firm | Carla Monteiro & Associados - Access and Exercise of Activities of Tourism Service Providers

Carla Monteiro

Tuesday, 31 Jan 2023

Access and Exercise of Activities of Tourism Service Providers

In the last ten years, Cape Verde has witnessed a very robust growth in tourism, thus forcing a more comprehensive regulation of the different businesses related to tourism.

Therefore, it was necessary to approve Decree-Law No. 44/2022 of October 7, 2022, which regulates the rules on access and exercise of the activity of tourism service providers.

What is the scope of publication of this diploma?

The diploma in question applies to tourism service providers, which are natural or legal persons who carry out an organized activity for the production, commercialization, intermediation and management of products and services that contribute to the formation of the national tourist offer, such as: travel and tourism agencies, commercial companies, entities and/or individuals that provide tourist accompaniment and/or tourist guide services, commercial companies for renting passenger vehicles without drivers and transporting tourists, commercial companies for animation, entertainment, well-being and tourist leisure and sports operators, catering and beverage establishments, commercial companies granting games of chance, entities providing tourist services in the area of social tourism, non-profit civil society organizations that provide tourist services, commercial companies providing of services, inserted in the you value chain rism, in a complementary and auxiliary way, namely in the field of trade.

What are the special prohibitions?

Any tourist activity that promotes any discrimination based on race, sex, gender, religious and ideological beliefs, and sexual orientation is categorically prohibited.

Any tourist activity that attacks human rights is also considered prohibited, namely any form of exploitation of human beings, in particular child labor and sexual exploitation.

Any tourist activity that disrespects cultural values in the host communities or promotes practices considered unhealthy or illegal, namely drug trafficking, is also prohibited.

What are the rights of consumers of tourist services?

Consumers of tourist services are entitled to:

  • Receive from tourist companies and/or service providers, in advance, objective, reliable and comprehensive information about hiring the services they offer, as well as the final prices;
  • Receive reliable information on different destinations, both historical, socioeconomic, political and environmental;
  • Be protected from misleading information and/or advertising, under the terms of the law;
  • Obtain any documentation related to the hiring of tourist services;
  • Receive tourist services under the conditions offered and contracted, in line with the nature, quality, and category of services;
  • Have access to spaces, infrastructures and tourist services without limitations;
  • Be informed about the precautions and conduct to be adopted in terms of safety and risks within the scope of the services provided and about the tourist destination, in particular in the prevention of accidents and/or illnesses;
  • Receive proof of payment for the tourist service provided, under the terms of the legislation in force;
  • Formulate complaints, under legal terms, and obtain information on their follow-up, as well as a final solution to the same.
  • Enjoy tranquility, privacy and personal security of your assets;
  • Enjoy products and services in good conditions of use and/or consumption, guaranteeing their health, hygiene and safety.

   What are the obligations of consumers of tourist services?

    Consumers of tourist services are obliged to:

  • Respect the traditions and social and cultural practices of tourist destinations and tourist destinations and the rights of people in host communities;
  • Respect measures for the protection and enhancement of environmental and tourist resources, historical, cultural and landscape heritage;
  • Respect the rules of tourist services contracted with service providers;
  • Observe the rules of respect, education, social convenience, clothing and hygiene for the proper use of tourist establishments and services;
  • Respect the rest and well-being of host communities, as well as their sociocultural routines and habits;
  • Respect the facilities and equipment of tourist establishments and companies;
  • Respect the norms of the interior regime of tourist establishments, fees, rules of conduct for places to visit and carry out tourist activities;

What are the rights of service providers?

Service providers have the following rights:

  • Freely exercise tourist activity, under the terms of the diploma;
  • Actively participate, through representative organizations, in the sector’s decision-making processes through the different public consultation spaces;
  • Obtain all authorizations and classifications provided for by law for the development of your activity;
  • Benefit from the tourist resources available for the development of your activities;
  • To be granted the status of tourist utility to undertakings of tourist service providers that meet the requirements and conditions established by law.

                What are the obligations of companies and service providers?

                  Companies and providers have the following obligations:

  • Operate only after acquiring all authorizations and complying with the requirements established by law;
  • Provide services as agreed or contracted with the consumer of tourism services;
  • Unequivocally advertise the services and products offered, always respecting cultural references;
  • Comply with all standards of accessibility and adaptation of services, in order to guarantee universal access to services;
  • Respect consumers of tourist services, in terms of their ways of life, traditions, social and cultural practices, freedom of conscience, religious beliefs.

What tourist information should service providers provide? Providers must include tourist information in the portfolio of services and/or products, undertaking to provide it to all consumers of tourist services. It is necessary to guarantee the quality, good management

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