24863-H-TUR of December 5, 1995, and its amendments, "Regulations of the Tourism Development Incentives Law No. 6990 of July 15, 1985", so that they read as follows:
REQUIREMENTS GUIDE FOR BASIC PLANS OF TOURISM PROJECTS FOR COMPANIES WISHING TO OPT FOR THE TOURISM CONTRACT I) Plan format:
1. They must comply with the presentation of plans according to the guidelines of the Regulations for the Plan Approval Process for Construction, Decree No. 27967-MP-MIVAH-S-MEIC of July 1, 1999.
Regulatory basis: Decree No. 27967-MP-MIVAH-S-MEIC of July 1, 1999, published in Scope No. 49 of the Official Gazette La Gaceta No. 130 of July 6, 1999.
2. Submit 1 set of basic plans, in accordance with the Regulations for the Plan Approval Process for Construction, Decree number 27967 MP-MIVAH-S-MEIC of July 1, 1999, signed by the responsible professional.
Regulatory basis: Decree No. 27967-MP-MIVAH-S-MEIC in Scope No. 49 of the Official Gazette La Gaceta No. 130 of July 6, 1999, and Decree No. 24863-H-TUR of January 31, 1996, published in the Official Gazette La Gaceta No. 22 and its amendments.
3. A basic plan is understood as one that includes: the Site plans, architectural layout plans, facades, sections, elevations, and roof plans. Additionally, it must contain the design approach for the wastewater evacuation and water supply systems (sewage treatment systems, potable water, and rainwater), solid waste treatment, and electrical system. In the case of subdivisions, the basic plans must additionally include the distribution of lots, street geometry, indication of communal areas, and contour lines. They must also contain the design approach for the wastewater evacuation and water supply systems (sewage treatment systems, potable water, and rainwater), solid waste treatment, and electrical system.
Regulatory basis: Decree No. 27967-MP-MIVAH-S-MEIC in Scope No. 49 of the Official Gazette La Gaceta No. 130 of July 6, 1999, and Decree No. 24863-H-TUR of January 31, 1996, published in the Official Gazette La Gaceta No. 22 and its amendments.
4. Project name in accordance with the typology established in Chapter 1 of the Regulations for Tourist Lodging Companies of the I.C.T., Decree No. 11217-MEIC of February 25, 1980. Indicate the commercial name and type of project to be undertaken (construction (levantamiento), expansion, project, preliminary project (anteproyecto), etc.).
Regulatory basis: Decree No. 11217-MEIC of February 25, 1980, and its Amendments, published in the Official Gazette La Gaceta, number 48 of March 7, 1980.
- II)Aquatic Transport: The proposed plans must be submitted to the Interinstitutional Commission on Marinas and Tourist Docks (Comisión Interinstitucional de Marinas y Atracaderos Turísticos, CIMAT), and the recommendations it issues must be heeded.
Regulatory basis: Regulations of the Incentives Law No. 6990, Decree No. 24863-H-TUR of December 5, 1995, published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point II.
- III)Equipment and infrastructure of lodging services: All facilities, equipment, and infrastructure of tourism projects must comply with the regulations specified in the laws, regulations, and codes in force in our country, including the Regulations of the Law on Equal Opportunities for Persons with Disabilities in Costa Rica, which include, among others, "barrier-free architectural design".
Regulatory basis: Construction Law No. 833 of November 4, 1949, and its Amendments, and the Construction Regulations published in the Official Gazette La Gaceta No. 56, Scope No. 17 of March 22, 1983, and its Amendments. Law on Equal Opportunities for Persons with Disabilities in Costa Rica, Law No. 7600 of May 29, 1996, published in the Official Gazette La Gaceta, No. 102 of May 29, 1996, and the Regulations of the Law on Equal Opportunities for Persons with Disabilities in Costa Rica, Decree 26831-MP published in the Official Gazette La Gaceta of April 20, 1998. Regulations of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments.
1. Vehicle and pedestrian accesses, streets, roundabouts, indicate the accessibility works for persons with physical disabilities.
Regulatory basis: Regulations of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 1).
2. Parking spaces: locate them on the site plan (one per four rooms); service areas, passenger loading and unloading zone; spaces for persons with disabilities with accessibility works and close to covered areas of movement.
Regulatory basis: Regulations of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 2).
3. Lobby and reception area: with living and waiting rooms, public service counter, cashier, information office, public and employee sanitary facilities separated by sex, in accordance with the provisions of the Regulations of the Construction Law.
Regulatory basis: Regulation of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 3).
4. Administrative Area with management offices, accounting, etc. Include separate sanitary facilities for staff of each sex, in accordance with the provisions of the Regulation of the Construction Law.
Regulatory basis: Regulation of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 4).
5. Rooms with bedrooms, sanitary facility, wardrobes (closets), vanity unit, and others according to the category, natural ventilation and lighting. The free area in a single room is 9 m2 and 13.50 m2 in a double room, depending on its category.
Regulatory basis: Regulation of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 5).
6. For compliance with the Equal Opportunity Law for Persons with Disabilities in Costa Rica, Law No. 7600 of May 2, 1996, and its Regulation, Decree No. 26831 of March 23, 1998, the number of accessible rooms shall be governed by the following parameters: From 1 to 25 rooms 1, from 26 to 50 rooms 2, from 51 to 75 rooms 3, from 76 to 100 rooms 4, from 101 to 150 rooms 5, from 151 to 200 rooms 6, from 201 to 300 rooms 7, from 301 to 400 rooms 8, from 401 to 500 rooms 9, from 501 to 1000 rooms 2% of the total rooms.
Regulatory basis: Regulation of the Incentives Law No. 6990, Executive Decree No. 24863-H-TUR of December 5, 1995, and its amendments.
7. Indicate the suite-type rooms and their class (junior, master, presidential, etc.), according to its categorization and that of the establishment.
Regulatory basis: Regulation of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 7).
8. Housekeeping and/or cleaning room areas with cleaning storage, cleaning sink, and the like. Provide service batteries between groups of accommodation modules or per floor in multi-story buildings. Said room must maintain a proportion such that it allows the necessary equipment to be housed, taking as a reference that one person provides service to 14 rooms per work shift.
Regulatory basis: Regulation of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 8).
9. Area for employee use with dining room, changing rooms, locker facilities, and separate sanitary facilities for employees of each sex, with a shower if deemed necessary, with accessibility for persons with disabilities.
Regulatory basis: Regulation of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 9).
10. Laundry, indicating the furniture, hanging and drying areas, ironing, white goods storage, dirty laundry storage, and others as applicable.
Regulatory basis: Regulation of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 10).
11. Maintenance and equipment workshop with storerooms, gardening storage, and general storerooms.
Regulatory basis: Regulation of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 11).
12. Emergency safety and prevention, power plant, exits, emergency stairs and lights, fire extinguishers, fire and/or general emergency prevention and response alarms.
Regulatory basis: Regulation of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 12).
13. Depending on the type and location of the project, it must also indicate: conference halls, game rooms, recreational areas, sports areas, and the like, including the support services these require and indicating the seated and standing occupant capacity.
Regulatory basis: Regulation of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 13).
14. Clearly indicate the swimming pool(s), noting its dimension, terraces, diving boards, water slides, and separate changing rooms for each sex with showers, outdoor showers, all in accordance with the provisions of the Regulation of the Construction Law.
Regulatory basis: Regulation of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 14).
15. Locate the hermetic garbage deposits for the project and specific areas.
Regulatory basis: Regulation of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 15).
16. Corridor and circulation area commensurate with the areas served, with a minimum width of 1.50 meters free.
Regulatory basis: Regulation of the Incentives Law No. 6990, Decree No. 24863-H-TUR published in the Official Gazette La Gaceta No. 22 of January 31, 1996, and its amendments, Annex I, point III, subsection 16).
GUIDE WITH THE REQUIREMENTS FOR PREPARING AN ECONOMIC STUDY For natural persons, legal entities, and those formed by the Associations Law, No. 218, and the Cooperative Associations and Creation of the National Institute for Cooperative Development Law, No. 4179, and other related regulations, and their amendments, that opt for Law 6990 of Incentives for Tourism Development of July 15, 1985, they must comply with the preparation of the Economic Study.
Every Economic Study must be prepared and signed by a professional duly registered with the Professional College of Economic Sciences.
To obtain the Tourism Contract, an Economic Study must be submitted that complies with the conditions indicated in Article 6 of the Incentives Law for Tourism Development:
a. The contribution to the Balance of Payments.
b. The use of national raw materials and inputs.
c. The creation of direct and indirect jobs.
d. The effects on regional development.
e. The modernization or diversification of the national tourism offering.
f. The increases in domestic and international tourism demand.
g. The benefits reflected in other sectors.
1. General aspects: The main characteristics of the requesting company or natural person must be indicated: Owners, location, legal identification number (cédula jurídica), registration in the Registry, corporate name, trade name, telephone, fax, and address for notifications.
2. Detailed description of the project and construction schedule and costs: Detailed description of the infrastructure and services it has or will have (Example: Number of rooms, recreational areas (Swimming pools, courts, among other areas), restaurant, storerooms, reception, lobby, laundry, employee area, among other facilities and services) that the lodging project will offer.
In the event that construction is contemplated, a construction schedule must be submitted, specifying the start date, completion date, and cost of each stage, duly signed by the responsible professional. Likewise, the operations start date must be indicated. In addition, the following must be indicated:
- Area and cost of the land.
- Cost of the infrastructure works.
- Area and construction cost of the buildings (rooms, complementary services, and amenities) per square meter.
- Number and cost of the rooms (in the case of lodging companies).
- Total cost per room.
In case the project is developed in stages, the works and services included in each one must be indicated.
3. Market analysis: Conduct an analysis of the number and type of companies existing in the market (General and direct competition in accordance with the Planning Unit where the establishment or project is or will be located) that offer services similar to those the project or lodging establishment will offer, taking into consideration aspects such as customer profile, services they offer, rates, and the service differences it will offer or offers, with respect to the existing ones.
Determine qualitatively and quantitatively the potential market and the target market of the project. This implies that the customer profile or profiles (If a service is offered by market segment) to whom the service is primarily directed must be defined (age, average income level, education level, place of origin). Likewise, the "market segmentation variables" must be taken into consideration, according to the project. (Example: Number of tourists existing in the market, Planning Unit visited; Use of lodging companies, Activities carried out, Average stay, Average spending level, among others.)
Documentary evidence of the national and/or international commercial contacts that the company has.
4. Administrative organization: Indicate the number and nationality of the employees to be hired, and indicate their salary.
5. Effects on regional development and benefits in other aspects:
- Benefits reflected in the region where the project is developed.
- Effects in the region:
- Economic - Social - Cultural - Actions that benefit the community in other areas.
6. Projected financial statements: Present all financial information deemed pertinent to quantify the aspects cited in Article 6 of the Incentives Law for Tourism Development, so at a minimum the investment structure and the cash flows that the project will generate must be presented. The number of years of the projections depends on the type of project and thus on the return on investment.
The basis for projecting the income and expense items must be clearly explained with their corresponding calculation.
All financial information must be presented in colones.
7. Other important aspects for the development of the project. Any type of information that the investor or the consultant considers relevant to the creation of the project.
8. For companies in operation: Companies that are in operation must present the financial statements of the last two fiscal periods, as well as the respective income tax return, certified by an Authorized Public Accountant. Based on this information, the Economic Study is prepared.
9. Other important aspects regarding additional information to be presented for the development of the project. Based on Article 12 of the Regulation to the Law for the Protection of the Citizen from Excessive Requirements and Administrative Procedures, Law No. 8220, Executive Decree No. 32565 of April 28, 2005, the Costa Rican Institute of Tourism may require extensions or additional clarifications to the documents and/or requirements provided in the applicant's request, in an exceptional manner and given their technical or legal nature essential for the resolution of the matter.
For those persons formed by the Associations Law, No. 218, and the Cooperative Associations and Creation of the National Institute for Cooperative Development Law, No. 4179, and other related regulations, and their amendments, who opt for the Law for the Promotion of Rural Community Tourism, Law No. 8724 of July 17, 2009, they must comply with the preparation of the economic profile as well as present the necessary information for the qualification of the Economic, Cultural, and Environmental Parameters, according to the specifications of the Guide "Requirements for Preparing an Economic Profile" and the Regulations for the evaluation of applications for companies that wish to opt for the Rural Community Tourism Law.
GUIDE WITH THE REQUIREMENTS FOR PREPARING AN ECONOMIC PROFILE FOR COMPANIES WISHING TO OPT FOR THE LAW FOR THE PROMOTION OF RURAL COMMUNITY TOURISM, LAW 8724 Every economic profile must be prepared and signed by a professional duly registered with the Professional College of Economic Sciences.
1. General aspects: The main characteristics of the legal entity, agent or agents of the Association or Cooperative formed under the Associations Law No. 218 and the Cooperative Associations and Creation of the National Institute for Cooperative Development Law, No. 4179, and its amendments, must be indicated. This is: full name of the Association or Cooperative, legal identification number (cédula jurídica), registration entries in the Public Registry, address, trade name of the establishment, telephone number, fax number, and address for notifications.
2. Detailed description of the project: For a lodging establishment in the Rural Community Tourism Inn modality, a detailed description of the infrastructure and services it provides or will provide must be made (Example: Number of rooms, recreational areas (Swimming pools, courts, among other areas), restaurant, storerooms, reception, lobby, laundry, employee area, among other facilities and services).
In the case of travel agencies specialized in Rural Community Tourism, a detailed description of the tours and packages must be made (Indicate places to visit, duration, price, service included), as well as the services provided.
For thematic activities, a detailed description must be made of the infrastructure and services available for the provision of the service (Buildings, routes, duration, price, service included, service provision schedule.)
For food and beverage establishments, a detailed description must be made of the infrastructure and services available for the provision of the service (Indicate public service capacity of the facilities, settings, specialty in food preparation or other services provided), public service hours (Days and hours).
In case the project is developed in stages, the works and services included in each one must be indicated.
In the event that construction is contemplated, a construction schedule must be submitted, specifying the start date, completion date, and cost of each stage, duly signed by the responsible professional. Likewise, the operations start date must be indicated.
In addition, the following must be indicated:
- Area and cost of the land.
- Cost of the infrastructure works.
- Area and construction cost of the buildings (rooms, complementary services, and amenities) per square meter.
- Number and cost of the rooms (in the case of lodging companies).
- Total cost per room.
3. Market analysis: Determine the possible market segments to capture, as well as analyze the project in relation to other companies existing in the market that offer services similar to those the project will offer, taking into consideration aspects such as services they offer, rates, and the service differences your project will offer with respect to the existing ones.
4. Administrative organization: Indicate the number and nationality of the employees to be hired, and indicate their salary.
5. Economic and financial aspects: All financial information must be presented in colones.
5.1. Estimated Investment 5.2. Financing Structure 5.3. Cash Flow To comply with this section, the financial information capable of quantifying the aspects cited above must be presented, so the cash flows that the project will generate must be presented. The number of years of the projections depends on the type of project and thus on the return on the investment.
The basis for projecting the income and expenses must be clearly explained with their corresponding calculation.
All financial information must be presented in colones.
6. For companies in operation: Companies that are in operation must present the financial statements of the last two fiscal periods, as well as the respective income tax return, certified by an Authorized Public Accountant. Based on this information, the Economic Study is prepared.
Regulations for the evaluation of applications for companies that wish to opt for the Rural Community Tourism Law Qualification Parameters: It is considered important to establish selection parameters for the activities applying for recognition under the Rural Community Tourism Law.
Benefits to the community: Tourism Component: (Economic-social, employment, commercial exchange, benefits to the tourism sector): 50% √ Cultural Component: 25% √ Environmental Component: 25% Variables to take into account for the application of the qualification √ Benefits to the region: Tourism Component (economic-social, employment, commercial exchange, benefits to the tourism sector): 50% The following must be analyzed:
. Economic-Social: Economic-social benefits generated by the operation of the proposed service:
Information is provided to tourist demand about recreational activities carried out in the area. 5 points Contemplates physical space for the exhibition and sale of characteristic products of the area. 5 points For the provision of the service, uses raw material produced in the project's area of influence. 5 points Collaborates with the development of specific infrastructure works or their maintenance, in the community: 5 points Participates in programs for the training of human resources. 5 points . Employment: Direct and indirect generated by the provision of the proposed service:
1 to 2 persons 2 points 3 to 4 persons 4 points 5 or more jobs 5 points . Benefits to the tourism sector: Sum of the factors:
Tourist Information Center 5 points Creation of new infrastructure and/or Tourism Product 5 points Marketing and Promotion Tools 5 points Integrates community actors in the offering of tourism activities 5 points √ Benefits to the region: Historical-cultural information of the site where the project or establishment will be provided: 25% Rescue of values and traditions 10 points Combats sexual exploitation of minors and sex trade 10 points Exhibition and sale of local products 5 points √ Environmental Component: 25% Promotes the non-extraction of plants and animals 5 points Waste management program 5 points Encourages its clients to visit the protected areas of the zone 5 points Has information on natural areas 5 points Scheduling of environmental activities 5 points * It is recommended that the minimum score for the activity's application to be presented before the Tourism Regulatory Commission amounts to: 75% 7. Other important aspects regarding additional information to be presented for the development of the project. Based on Article 12 of the Regulation to the Law for the Protection of the Citizen from Excessive Requirements and Administrative Procedures, Law No. 8220, Executive Decree No. 32565 of April 28, 2005, the Costa Rican Institute of Tourism may require extensions or additional clarifications to the documents and/or requirements provided in the applicant's request, in an exceptional manner and given their technical or legal nature essential for the resolution of the matter.
8. Purchasing plan: Every project must include a purchasing plan that contemplates a budget by quantities and type of materials to be used in the work to be exempted (National and imported), certified by a competent professional on its reasonableness based on the work plans and its schedule.
Said budget may be expanded or modified provided it is duly justified before the Department of Tourism Management.
Regarding vehicles, the holder of the Tourism Contract must submit a technical study demonstrating the need for it. In the Technical Study, the following must be indicated: Places to travel; number of passengers, having a travel logbook, labeling of the vehicles with the company name (Indicate size), among other aspects.
The Tourism Regulatory Commission of Law No. 6990-Incentives for Tourism Development-, through its ordinary session No. 734, Article 6, subsection II, held on February 11, 2009, approved the following format of the Purchasing Plan and requirements that the Regulatory Commission approves for purposes of proceedings in Tourism Contracts of Law 6990:
- 1)When dealing with expansions to the purchasing plan for goods for the equipment and construction of the company's establishment, the legal representative of the company must declare under oath that the company has not entered into operation and is in the execution phase of the project authorized by the Tourism Regulatory Commission, according to the validity period of its tourism contract.
- 2)Both the application for approval of the Purchasing Plan and its expansions must be signed by the Legal Representative of the company and the Professional Responsible for the Work before the CFIA, indicating in detail the justification and need to incorporate said goods into the initial Purchasing Plan. Everything must correspond to plans approved by the CFIA and the updated Work Progress Schedule.
- 3)Every Purchasing Plan must number by item, in consecutive order, each of the materials, furniture, and equipment requested for exemption and continue with the consecutive numbering in future requests for expansion to it.
- 4)Each Purchasing Plan submitted must come with the corresponding Expansion Number.
- 5)The Construction Materials List must come separate from the Equipment and Furniture List, maintaining the consecutive numbering indicated in points 3 and 4 above.
- 6)All pages must come numbered.
- 7)The unit of measurement (Decimal Metric System) in which the construction materials, equipment, and furniture are requested must be indicated (box of how many and which units, liter, gallon, bucket (capacity), kilo, meter (MI), M2, M.).
- 8)The approximate cost per unit of the materials, furniture, and equipment must be indicated (costs may vary during the process at the investor's discretion; however, it is necessary to have the approximate for a general criterion of the reviewer).
- 9)Indicate where the materials, equipment, and furniture will be located within the project. When they are multi-building projects, indicate for which building, always maintaining a logical order in the list's composition.
- 10)Describe the material according to technical characteristics, indicating the use that will be given to the product in order to know in detail what is being exempted.
- 11)Each page of the material list must come with the name, signature, and registration number of the Professional Responsible for the work before the CFIA.
- 12)When, after analyzing the submitted list, there is a rejection of any material, furniture, or equipment, the company will be requested to submit the refined purchasing plan again in order to have a legible document that does not mislead the administration.
- 13)The company must submit a Work Progress Schedule by activity (not general) in order to maintain control of the activities and their scheduling regarding the contract expiration.
- 14)Submit the Purchasing Plans and their expansions both in written form and in digital form.
- 15)It is important that the information provided by the interested company is explicit in order to 16) It is necessary that the Minutes Secretariat send a copy of the agreements related to Purchasing Plans to the Single Window of the Department of Tourism Management, in order to, immediately upon receiving the agreement, place the corresponding approval seal on each list or carry out the necessary procedure and avoid errors for the administration when processing exemption requests.
| PURCHASING PLAN FOR CONSTRUCTION MATERIALS (OR FOR FURNITURE AND EQUIPMENT) | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | EXPANSION No. X | | | | | | | | PROJECT NAME: | | | | | | | | OWNER: | | | | | | | | DATE: | | | | | | | | ITEM | ARTICLE DESCRIPTION | QUANTITY | UNIT (SMD) | USE | DESTINATION/LOCATION IN THE PROJECT | UNIT COST $ OR ¢ | | 1 | | | | | | | | 2 | | | | | | | | 3 | | | | | | | | 4 | | | | | | | | 5 | | | | | | | ___________________________________________________________ Responsible Professional Signature CFIA Registration No.
GUIDE OF REQUIREMENTS FOR OBTAINING THE TOURISM CONTRACT DETAIL OF REQUIREMENTS BY ACTIVITY A. Lodging Activity
I. Legal requirements
1. Written request to obtain the benefits of Law 6990 of Incentives for Tourism Development and/or Law 8724 of Promotion of Rural Community Tourism, signed by the interested party or by the legal representative of the company or of the Association or Cooperative, formed by the Associations Law No. 218 and the Cooperative Associations and Creation of the National Institute of Cooperative Development Law, No. 4179, and its amendments, respectively. Said signature(s) on the request document must be duly authenticated.
2. Hold the tourism declaration.
3. Certification of legal status of the corporation, company, or the Association or Cooperative, formed by the Associations Law No. 218 and the Cooperative Associations and Creation of the National Institute of Cooperative Development Law, No. 4179, and its amendments, if:
- a)the one submitted in the prior procedure of the tourism declaration is more than three months old, counted from its issuance.
- b)its representatives have changed after the granting of the tourism declaration, in which case they must update the information related to said representatives.
Any certification submitted must be no older than three months, counted from its issuance date.
4. Affidavit (Declaración jurada): This must be granted by the interested party, if they are a natural person, or by the legal representative of the entity, in the case of legal entities, or of the Association or Cooperative, formed by the Associations Law No. 218 and the Cooperative Associations and Creation of the National Institute of Cooperative Development Law, No. 4179, and its amendments, for the case of Rural Community Tourism (TRC) companies. In every case, said notarized declaration must contain the following commitments:
- a)That the company or the Association or Cooperative, formed by the Associations Law No. 218 and the Cooperative Associations and Creation of the National Institute of Cooperative Development Law, No. 4179, and its amendments, will have as its exclusive purpose the tourism activity and that, in case it engages in other lines of business, it will keep them accounting and administratively separate.
- b)That it commits to start operations or construction within a maximum period of six months, counted from the signing of the tourism contract. This period may only be extended by the Commission through a reasoned act in response to a duly justified request from the interested party.
- c)Furthermore, in accordance with the provisions of the Judicial Notifications Law No. 8687, articles 19, 20, and 22, of December 4, 2008, expressly indicate the contractual domicile of your company or Association or Cooperative formed under the Associations Law No. 218 and the Cooperative Associations Law and Creation of the National Institute for Cooperative Development, Law No. 4179 and its amendments, for the purpose of receiving notifications, which refers to the dwelling house, the actual domicile of the natural person, or the registered office or actual domicile of the legal entity or Association or Cooperative, formed under the Associations Law No. 218 and the Cooperative Associations Law and Creation of the National Institute for Cooperative Development, Law No. 4179 and its amendments. The information on the contractual domicile shall also appear in the text of the Tourism Contract (Contrato Turístico) to be signed by the interested party, once the process is completed.
II. Technical Requirements
1. Lodging companies that wish to obtain the benefits of the Tourism Development Incentives Law (Ley de Incentivos para el Desarrollo Turístico) of July 15, 1985, or the Community Rural Tourism Promotion Law (Ley de Fomento de Turismo Rural Comunitario) Law 8724 of July 17, 2009, granted through the Tourism Contract (Contrato Turístico), must comply with the provisions of the Tourist Lodging Companies Regulation (Reglamento de Empresas de Hospedaje Turístico).
2. Lodging companies or Association or Cooperative, formed under the Associations Law No. 218 and the Cooperative Associations Law and Creation of the National Institute for Cooperative Development, Law No. 4179 and its amendments, that are going to develop infrastructure must comply with the plan requirements specified in the Guide "Requirements for construction plans for tourism projects for companies wishing to opt for the tourism contract" (Anexo 1 of the Regulation of the Tourism Development Incentives Law), as applicable.
III.Economic Requirements Natural persons, companies, or Association or Cooperative, formed under the Associations Law No. 218 and the Cooperative Associations Law and Creation of the National Institute for Cooperative Development, Law No. 4179 and its amendments, must submit an economic study or economic profile, as well as the information necessary for the qualification of the Economic, Cultural, and Environmental Parameters, according to the specifications of Anexo 2 of the Regulation of the Tourism Development Incentives Law.
Once the document review is completed, the Institute must specify in writing and on a single occasion the list of requirements or pending documents to be provided, which must be provided by the applicant and submitted all at once and not partially.
B. Receptive travel agency, airlines, and vehicle rental companies.
I. Legal Requirements
- 1)Written application for obtaining the tourism contract signed by the interested party or by the legal representative if a legal entity, with duly authenticated signatures.
- 2)Hold the Declaratoria Turística.
- 3)Certification of Legal Capacity (Certificación de Personería Jurídica), if:
a. The one submitted in the declaratoria process is more than three months old from its issuance.
b. Its officers have changed after the granting of the declaratoria turística, in which case they must update the information related to said officers.
- 4)Sworn declaration (Declaración jurada): This must be granted by the interested party, if a natural person, or by the legal representative of the entity, in the case of legal entities. Said notarial declaration must contain the following commitments:
a. That the company or the Association or Cooperative, formed under the Associations Law No. 218 and the Cooperative Associations Law and Creation of the National Institute for Cooperative Development, Law No. 4179 and its amendments, shall have tourism activity as its exclusive purpose and that, in the event of engaging in other lines of business, it shall keep them separate for accounting and administrative purposes.
b. That it undertakes to commence operations or construction within a maximum period of six months from the signing of the tourism contract. This period may only be extended by the Commission (Comisión) through a reasoned act in response to a duly justified request from the interested party.
c. Furthermore, in accordance with the provisions of the Judicial Notifications Law No. 8687, articles 19, 20, and 22, of December 4, 2008, expressly indicate the contractual domicile of its company for the purpose of receiving notifications, which refers to the dwelling house, the actual domicile of the natural person, or the registered office or actual domicile of the legal entity. The information on the contractual domicile shall also appear in the text of the Tourism Contract (Contrato Turístico) to be signed by the interested party, once the process is completed.
Any certification submitted must be no older than three months from its date of issuance.
For vehicle rental companies, it is additionally necessary that:
1. They provide a certification from an Authorized Public Accountant (Contador Público Autorizado) regarding the composition of its share capital, according to accounting books, which must indicate: The total amount of the share capital, the number of shares, and the percentage of participation of the partners.
- a)The company's capacity to invest in the activity a minimum amount that guarantees the operation of its own fleet of no fewer than twenty new vehicles.
Any certification submitted must be no older than three months from its date of issuance.
2. In the sworn declaration, indicate the commitment of the company to renew the exempted vehicles within a maximum period of three years, counted from the date of registration in the Public Registry (Registro Público). For these purposes, the time taken by the Administration to resolve the respective petitions of the beneficiaries of the exemptions shall not be counted.
Legal requirements for the activity of receptive travel agency, including the travel agency specialized in community rural tourism:
- 1)Written application to obtain the benefits of Law 6990 on Tourism Development Incentives and/or Law 8724 on Community Rural Tourism Promotion, signed by the interested party or by the legal representative of the company or the Association or Cooperative, formed under the Associations Law No. 218 and the Cooperative Associations Law and Creation of the National Institute for Cooperative Development, Law No. 4179 and its amendments, respectively. Said signature(s) on the written application must be duly authenticated.
- 2)Hold the declaratoria turística.
- 3)Certification of legal capacity of the company, enterprise, or the Association or Cooperative, formed under the Associations Law No. 218 and the Cooperative Associations Law and Creation of the National Institute for Cooperative Development, Law No. 4179 and its amendments, if:
- a)the one submitted in the prior process for the declaratoria turística is more than three months old from its issuance.
- b)its officers have changed after the granting of the declaratoria turística, in which case they must update the information related to said officers.
Any certification submitted must be no older than three months from its date of issuance.
- 4)Sworn declaration: This must be granted by the interested party, if a natural person, or by the legal representative of the entity, in the case of legal entities, or of the Association or Cooperative, formed under the Associations Law No. 218 and the Cooperative Associations Law and Creation of the National Institute for Cooperative Development, Law No. 4179 and its amendments, in the case of TRC companies. In any case, said notarial declaration must contain the following commitments:
- a)That the company or the Association or Cooperative, formed under the Associations Law No. 218 and the Cooperative Associations Law and Creation of the National Institute for Cooperative Development, Law No. 4179 and its amendments, shall have tourism activity as its exclusive purpose and that, in the event of engaging in other lines of business, it shall keep them separate for accounting and administrative purposes.
- b)That it undertakes to commence operations or construction within a maximum period of six months from the signing of the tourism contract. This period may only be extended by the Commission (Comisión) through a reasoned act in response to a duly justified request from the interested party.
- c)Furthermore, in accordance with the provisions of the Judicial Notifications Law No. 8687, articles 19, 20, and 22, of December 4, 2008, expressly indicate the contractual domicile of its company or Association or Cooperative formed under the Associations Law No. 218 and the Cooperative Associations Law and Creation of the National Institute for Cooperative Development, Law No. 4179 and its amendments, for the purpose of receiving notifications, which refers to the dwelling house, the actual domicile of the natural person, or the registered office or actual domicile of the legal entity or Association or Cooperative, formed under the Associations Law No. 218 and the Cooperative Associations Law and Creation of the National Institute for Cooperative Development, Law No. 4179 and its amendments. The information on the contractual domicile shall also appear in the text of the Tourism Contract (Contrato Turístico) to be signed by the interested party, once the process is completed.
II.Technical Requirements: For vehicle rental companies: The applicant must provide a detailed description of the infrastructure and services it provides (Example: Number of vehicles, types, make, models, engine displacement, facilities and services available for the provision of the service(s)), among other aspects considered important to publicize the tourism product offered by the vehicle rental establishment.
III.Economic Requirements: Natural persons, companies, or Association or Cooperative, formed under the Associations Law No. 218 and the Cooperative Associations Law and Creation of the National Institute for Cooperative Development, Law No. 4179 and its amendments, must submit an economic study or economic profile, as well as the information necessary for the qualification of the Economic, Cultural, and Environmental Parameters, according to the specifications of Anexo 2 of the Regulation of the Tourism Development Incentives Law.
Once the document review is completed, the Institute must specify in writing and on a single occasion the list of requirements or pending documents to be provided, which must be provided by the applicant and submitted all at once and not partially.
C. Water Transportation
I. Legal Requirements
- 1)Written application for obtaining the tourism contract signed by the interested party or by the legal representative if a legal entity, with duly authenticated signatures.
- 2)Hold the Declaratoria Turística.
- 3)Certification of Legal Capacity, if:
a. The one submitted in the declaratoria process is more than three months old from its issuance.
b. The company's officers have changed after the granting of the declaratoria turística; they must update the information related to said officers.
- 4)Sworn declaration: This must be granted by the interested party, if a natural person, or by the legal representative of the entity, in the case of legal entities. Said notarial declaration must contain the following commitments:
a. That the company shall have tourism activity as its exclusive purpose and that, in the event of engaging in other lines of business, it shall keep them separate for accounting and administrative purposes.
b. That it undertakes to commence operations or construction within a maximum period of six months from the signing of the tourism contract. This period may only be extended by the Commission (Comisión) through a reasoned act in response to a duly justified request from the interested party.
c. Furthermore, in accordance with the provisions of the Judicial Notifications Law No. 8687, articles 19, 20, and 22, of December 4, 2008, expressly indicate the contractual domicile of its company for the purpose of receiving notifications, which refers to the dwelling house, the actual domicile of the natural person, or the registered office or actual domicile of the legal entity. The information on the contractual domicile shall also appear in the text of the Tourism Contract (Contrato Turístico) to be signed by the interested party, once the process is completed.
Any certification submitted must be no older than three months from its date of issuance.
II.Technical Requirements: In the case of new projects, it must comply with the provisions of point c) of Anexo I "Guide of Requirements for construction plans for tourism projects for companies wishing to opt for a tourism contract."
III.Economic Requirements: Submit a study according to the specifications of Anexo 2 "Guide of Requirements for preparing an economic study."
Once the document review is completed, the Institute must specify in writing and on a single occasion the list of requirements or pending documents to be provided, which must be provided by the applicant and submitted all at once and not partially.