Law of Georgia on Tourism and Resorts

Law of Georgia

On Tourism and Resorts

Chapter I

General Provisions

Article 1 - Legislation on tourism and resorts

1. The legislation of Georgia on tourism and resorts regulates relations in tourism and resort activities.

2. The legislation of Georgia on tourism and resorts consists of the Constitution of Georgia, this Law and other normative acts of Georgia adopted under them.

Article 2 - Definition of basic terms

1. Tourism - free, voluntary, temporary movement of people from their place of residence for leisure, recovery, visiting historical and cultural monuments and/or for other purposes.

2. Tourist – a natural person who travels voluntarily outside the place of his/her permanent residence for leisure, recovery, business or other purposes for not less than 24 hours and not more than one year and whose travel is not reimbursed from the financial sources of the place of temporary stay.

3. Medical tourism - the use of resorts for medical treatment, medical examination and other medical services.

4. Tourism resources – a combination of natural, historical, cultural, educational, social resources and the infrastructure in the territory of Georgia that meets tourist requirements.

5. Natural curative (health resort) resources - mineral waters, therapeutic muds, carst caves suitable for treatment, the sea, forests, healing climate and other natural resources, which are used for treatment, preventive care and rehabilitation.

6. Resort site - an area containing natural curative resources, suitable for its intended use and having no appropriate facilities.

7. Resort - a resort site where treatment or recovery buildings or other infrastructure are located.

8. Resort treatment and rehabilitation facility - a facility where visitors receive medical services, treatment and rehabilitation mainly through natural healing factors (climate, mineral waters, therapeutic muds, etc.).

9. Sanitary protection zone - the area specially protected under the legislation of Georgia where natural curative resources need protection from early depletion, deterioration and contamination.

10. Entity engaged in tourism and resort activities (sector entity) - a natural or legal person engaged in the tourism and resort activities.

11. Tourism activity - services rendered by an entity engaged in tourism activity including accommodations, catering, tour operations, transportation, excursions, recovery, rehabilitation, advertising, informational, cultural, sports, domestic, entertainment, etc. services for satisfying tourist requirements.

12. Resort activity - organising the use of natural healing resources, as well as the use of installations and equipment (bore-holes, pump rooms, galleries, baths, mud treatment facilities, beaches, climate pavilions, air solariums, etc.) and infrastructure (sanatorium, hotel, rest house, holiday hotel, sports and culture facilities, etc.) necessary for use of natural healing resources for the purpose of preventive care, treatment, rehabilitation and recovery.

13. Tourism and resort industry - a unity of entities and facilities of tourism and resort activity.

14. Tourist product, tourism service package (‘the package’) – a complex consisting of not less than two components of the basic forms of tourism services (food, various overnight accommodations, transport services, excursions, outings, etc.) that are necessary to satisfy tourist requirements and the cost of which is included in the tour package price.

15. Tourist voucher - a document that confirms a tourist’s status, service category to be enjoyed by the tourist and the guarantee for the provision of services under this category.

16. Tour – a journey for a specified period and with a defined purpose and route that is provided by a tour package.

17. Independent tourist – a tourist who is travelling individually without a contract, tour package or itinerary sheet.

18. Compliance certificate - a document that confirms a tourist and resort service quality and its compliance with the specified standard or other normative document.

19. Domestic tourism - tourist services provided to natural persons living in Georgia, outside the place of their permanent residence, within the borders of the country.

20. Tour operator - a legal person or an individual entrepreneur that creates and sells tourist products.

21. Travel agent - a legal person or an individual entrepreneur that sells tourist products.

22. Excursion - sightseeing, walking or travelling for educational, sports, or recreation purposes.

23. Excursionist - a natural person participating in an excursion.

24. Tourist guide – a leader of an excursion who shows the attractions located in the area of the predefined route for the excursionists and provides information on those attractions according to guidance documents approved by the appropriate tourism entity.

25. Tourist outing – a process of recreation, travel and recovery, the essential components of which are: food, overnight stay, excursion and active means of travelling (foot, horse, bicycle, skiing, etc.).

26. Tourist travelling - the form of tourism, the essential components of which are: food, overnight stay and excursion.

Law of Georgia No 2031 of 28 May 1999 - LHG I, No 20(27), 9,6.1999, Art. 96

Law of Georgia No 2390 of 9 September1999 - LHG I, No 43(50), 21.9.1999. Art. 224

Law of Georgia No 583 of 8 November 2000 - LHG I, No 43, 1.12.2000, Art.118

Article 3 - Resort resources of Georgia

1. Resorts shall be classified according to the nature of resort resources, and specialisation of resort facilities shall be determined by the authorised government agency for tourism and resort sector management (‘the Sector Management Authorised Body’) in agreement with the Ministry of Labour, Health and Social Affairs of Georgia.

2. Treatment methods in resorts shall be approved by the Ministry of Labour, Health and Social Affairs of Georgia.

3. Resort sites and resort facilities of Georgia may be alienated only as prescribed by the legislation of Georgia.

4. A natural or legal person that has built or operates a tourist, medical and preventive treatment or other facilities in a resort shall be considered to be the user of the resort site and shall pay charges established by legislation.

5. Natural and curative resources may be used by any natural or legal person that processes and uses natural resources as prescribed by the legislation of Georgia.

6. New tourist and resort facilities may be created in the territory of Georgia with the approval of the Sector Management Authorised Body and of local self-government bodies.

7. Sanitary protection zones shall be created for each resort and resort site in order to protect the national resources of Georgia and to ensure their rational use; the design of these zones shall be determined by the Sector Management State Body and approved by the Government of Georgia.

8. The Sector Management State Body, within the scope of its authority, shall monitor use of natural curative resources and operation of facilities within the sanitary protection zones of the resorts and resort sites. The Sector Management State Body shall develop sanitary, renovation, rehabilitation and other measures and coordinate their implementation.

9. The consent of the Tourism and Resorts Management State Body shall be required when transferring state-owned land in the sanitary zones of the resorts and resort sites of Georgia through an auction or tender.

10. Tourism and resort activity shall be carried out in the protected areas as prescribed by the legislation of Georgia.

Law of Georgia No 2390 of 9 September1999 - LHG I, No 43(50), 21.9.1999. Art. 224

Law of Georgia No 63 of 9 December1999 - LHG I, No 47(54), 9.12.1999, Art. 239

Law of Georgia No 487 of 13 July2000 - LHG I, No 28, 24.7.2000, Art. 88

Law of Georgia No 5293 of 24 November 2011 - website, 8.12.2011

Law of Georgia No 1289 of 24 September 2013 - website, 8.10.2013

Chapter II

State Policy and State Regulation in the Tourism and Resorts Sector

Article 4 - The principles of state regulation in tourism and resorts sector

1. The tourism and resort resources of Georgia are part of the national wealth and shall be protected by the State.

2. The State shall recognise the tourism and resorts sector as one of the priority areas in the development of national culture and economy and shall create favourable conditions for tourism and resort activity.

3. The Parliament of Georgia shall:

a) determine the main areas of state policy in the tourism and resorts sector and carry out its legislative regulation;

b) establish inter-parliamentary relations with other States in the tourism and resorts sector.

4. The Government of Georgia shall

a) ensure implementation of a unified policy in the tourism and resorts sector.

b) approve sanitary protection zones upon recommendation of the Sector Management Authorised Body and appropriate departments;

c) take into consideration the interests of tourism and resort development when implementing projects of utmost importance for the country, as well as in intergovernmental relations and relations with international organisations;

d) approve the list of resorts and their status upon recommendation of the Sector Management Authorised Body.

Law of Georgia No 1289 of 24 September 2013 - website, 8.10.2013

Article 5 – The authorised government agency for tourism and resorts sector management

1. The authorised government agency for tourism and resort sector management shall exercise managerial functions in the tourism and resorts sector. It shall implement a unified state policy in the sector according to the legislation in force, issue appropriate normative acts within the scope of its authority and monitor implementation of this Law.

2. The normative acts of the Sector Management Authorised Body shall be binding on the departments, and on natural and legal persons related to tourism and resort activity.

3. The Sector Management Authorised Body shall:

a) develop and submit to the Government of Georgia the main areas of the State Concept on tourism and resort development, programmes for its implementation and ensure their fulfilment as prescribed by the legislation of Georgia;

b) approve regulations for each resort in agreement with local self-government bodies and interested agencies;

c) prepare proposals for facilitating passport and visa services in order to promote international tourism;

d) establish relations with Georgian or foreign state and non-state organisations; if necessary, open representative offices abroad according to the international agreements of Georgia;

e) support the attraction of investments for creation and development of tourism and resort infrastructure;

f) develop programs for use of allocations in the State Budget;

g) participate in the approval of socio-economic and architectural planning projects of regions that have tourism resources;

h) facilitate compliance with the regulations for sanitary protection zones;

i) develop, together with interested agencies, the tourism capacity limits for protecting and preserving historic, cultural, natural monuments and resort areas of the country and within the scope of its authority establish control over the compliance with these limits;

j) support use and development of existing scientific and practical potentials;

k) ensure implementation of scientific and research works in the tourism and resort sector, professional growth and improvement of experts;

l) support social protection of persons working in the sector as prescribed by the legislation of Georgia.

Law of Georgia No 5293 of 24 November 2011 - website, 8.12.2011

Article 5¹ - Sector management regional organisations

1. Middle management functions in tourism and resort sector management shall be performed by regional (territorial) departments; their structure and functions shall be determined by this Law, as well as by appropriate regulations approved by the tourism and resorts management state body.

2. Regional (territorial) departments shall be financed from the State Budget.

Law of Georgia No 2390 of 9 September1999 - LHG I, No 43(50), 21.09.1999. Art. 224

Article 6 - Tourist and resort enterprises

Tourist and resort enterprises shall have the right to obtain a service licence if necessary to carry out their activities.

Law of Georgia No 2031 of 28 May 1999 - LHG I, No 20(27), 9.6.1999, Art. 96

Article 7 - Standardisation, certification and licensing activities in the sector

Standardisation, certification and licensing activities in the sector shall be regulated as prescribed by the legislation of Georgia.

Article 8 - (Deleted)

Law of Georgia No 5293 of 24 November 2011 - website, 8.12.2011

Chapter III

Financing and Economic Activity of the Sector

Article 9 - Economic activity

1. Economic activity of the sector shall be carried out with a view to ensuring efficient uses of the tourism and resort industry, growth of revenues in the State Budget, voluntary attraction of funds to tourism business entities, job-creation and satisfaction of tourist needs.

2. Receiving and serving foreign tourists in the territory of Georgia shall be treated as export of goods.

3. A certain portion of the total revenue received by the State Budget from business activity in the sector shall be used for tourism and resort resources, preservation of historic and cultural heritage and scientific development of the sector.

4. Tourism and resort services shall be taxed under Georgian tax legislation.

Article 10 - Sector financing sources

1. Tourism and resort activities shall be carried out at the expense of the financing sources envisaged by the legislation of Georgia.

2. The costs for the tourism and resort industry, for construction, reconstruction, rehabilitation and equipment of its infrastructure may be encompassed within the State Budget.

3. The funds for drafting a state concept for the development of tourism and resorts in Georgia, for promoting, advertising and ensuring scientific support for historic and cultural heritage, the tourism and resort potential of Georgia, for developing investment projects in tourism and resort facilities, as well as funds for joining and cooperating with international organisations may be allocated from the State Budget.

Chapter IV

Organising Services

Article 11 - Tourism services

1. Tourism services shall be carried out during group and individual activities, as well as organised and unorganised tourism travel.

2. Tourism and resort services shall be provided on the basis of a contract, voucher, or an itinerary sheet that determines the type and volume of the services to be rendered to a tourist. These services need not be delivered to an independent tourist.

Law of Georgia No 2390 of 9 September1999 - LHG I, No 43(50), 21.9.1999, Art. 224

Article 12 - Tourist insurance

1. A tourist’s life and health shall be insured or compensation for damages caused to insured property shall be compensated under the legislation of Georgia.

2. A tourism business entity shall insure a tourist under a contract concluded with an insurance company as prescribed by the legislation.

Article 13 - Security guarantee

1. The Sector Management Authorised Body, together with appropriate Ministries and other agencies, the government authorities of the Autonomous Republics of Adjara and Abkhazia and other territorial units, shall develop a tourist protection and security programme and coordinate its implementation.

2. Tourism and resort business entities shall be obliged to ensure tourists and holidaymakers safety as prescribed by the legislation of Georgia.

Law of Georgia No 2390 of 9 September1999 - LHG I, No 43(50), 21.9.1999, Art. 224

Chapter V

Tourism Staffing

Article 14 - Training, retraining and qualification upgrading

The Sector Management Authorised Body, together with other agencies, shall support formation of educational programmes and institutions for training, retraining and upgrading qualification of tourism industry personnel.

Chapter VI

International Cooperation

Article 15 - Participation in international tourism and resort organisations

1. The State shall support development of international cooperation in the tourism and resort sector.

2. Georgia shall take part in the activities of tourism and resort international organisations as a full or associate member, an observer or in another capacity.

3. The international agreements of Georgia shall be the legal basis for international cooperation in the tourism and resorts sector.

Chapter VII

Penalty for Violating the Law

Article 16 - Penalty for violating the legislation on tourism and resorts

Violation of the requirements of this Law shall attract penalties under the legislation of Georgia.

Chapter VIII

Transitional Provisions

Article 17 - Entry into force of Article 7 and Article 8

1. Article 7 and Article 8 of this Law shall enter into force upon the entry into force of the Law of Georgia on Licensing.

2. Until the entry into force of the Law of Georgia on Licensing, the relations defined by Article 7 and Article 8 of this Law shall be regulated by appropriate regulations approved by the State Department for Tourism and Resorts of Georgia.

Law of Georgia No 1294 of 20 March 1998 – the Official Gazette of the Parliament of Georgia No 15-16, 30.4.1998, pg. 9.

Chapter IX

Final Provisions

Article 18 - Entry into force

1. This Law shall enter into force upon the entry into force of the Law of Georgia on the Structure and Rules of Operation of the Government of Georgia.

2. ‘The Sector Management Authorised Governmental Body’ specified by this Law shall be determined according to the Law of Georgia on the Structure and Rules of Operation of the Government of Georgia.

3. The Law of Georgia on Tourism of 1 June 1995 shall be deemed invalid upon the entry into force of this Law.

President of Georgia                                                                 Eduard Shevardnadze

Tbilisi,

6 March 1997

No 599