Law library and case analysis · Austria · Belgium · European Union
LAWxPERT Sign in Free account

S.L. 409.4 · Tourism Accommodation Establishments (S.L. 409.4)

S.L. 409.4 Art. 10Special labels. S.L. 409.11.

In forceOfficial text

(1) The Authority may, following a submission of the appropriate application by a licensee of a hotel, tourist village, guest house or farmhouse, assign a particular special label to the hotel, tourist village, guest house or farmhouse licensed under the

Holiday Premises Regulations, if in the opinion of the Authority, such label best describes that tourism accommodation establishment or farmhouse.

(2) The special labels that may be assigned by the Authority according to the criteria for each label shown in the Seventh Schedule are: ‘agro-tourism’, ‘B&B’, ‘heritage’, ‘resort’, ‘rural’ and ‘spa’. The Authority may, from time to time, add other special labels which it deems fit and appropriate.

(3) Licensees of a hotel, tourist village, guest house or farmhouse, as the case may be, may apply to the Authority for the assignment of a special label as described in sub-regulation (2).

(4) The Authority shall, on receipt of such application, consider the request and assign a special label if the hotel, tourist village, guest house or farmhouse is in conformity with the criteria of that particular label as shown in the Seventh Schedule.

(5) The Authority shall not assign more than three different special labels to the same hotel, tourist village, guest house or farmhouse, at any one time.

(6) The standards that qualify a hotel, tourist village, guest house or farmhouse for a special label are those indicated in the Seventh Schedule.

(7) The licensee of a hotel, tourist village, guest house or farmhouse who has been assigned a special label by the Authority is bound to exhibit the special label when advertising, marketing and publicising the hotel, tourist village, guest house or farmhouse, as the case may be.

(8) The licensee of a hotel, tourist village, guest house or farmhouse who has been assigned a special label by the Authority, shall notify the Authority in writing when the special features by virtue of which the label had been originally assigned by the Authority are no longer in place at the hotel, tourist village, guest house or farmhouse.

(9) The Authority may withdraw the special label which it had previously assigned to a hotel, tourist village, guest house or farmhouse, if, following an investigation, it is confirmed that the description of the special label no longer appropriately applies to that particular hotel, tourist village, guest house or farmhouse.

(10) Any licensee of a hotel, tourist village, guest house or farmhouse who -

(a) does not have the approval of the Authority for a special label, or

(b) has had the special label withdrawn by the Authority, or

(c) has had the special label withdrawn or not renewed by the licensee or operator, shall not exhibit the special label and shall not advertise, market or promote the hotel, tourist village, guest house or farmhouse as having that particular special label.

(11) When a hotel, tourist village, guest house or farmhouse which has been assigned a special label has had its licence suspended or revoked by the Authority, the special label shall also be considered as suspended or revoked, as the case may be.

(12) Special labels granted by the Authority under these regulations shall be valid for two years. If, after the expiry of the special label, the licensee wants to renew the special label for a further period of two years, then the licensee shall file an application for renewal with the Authority at least two months before the expiry of the two year period.

(13) (a) For hotels or guest houses assigned a special label of ‘heritage’, the requirements of the Seventh Schedule apply.

(b) For hotels or guest houses assigned the special label of ‘B&B’ the requirements of the Seventh Schedule apply provided that the licensee or applicant for a licence for a three star hotel, who has been granted the exemption of a swimming pool, pays a one time payment as established by the Authority.

(14) (a) When the Authority approves a hotel, tourist village, guest house or farmhouse for a special label, it shall issue an appropriate plaque according to a style and design as may be established by the Authority indicating that the hotel, tourist village, guest house or farmhouse is authorised to promote itself with that particular label.

(b) The licensee and operator of a hotel, tourist village, guest house or farmhouse which has been assigned a plaque by the Authority denoting such recognition, shall exhibit such plaque in a prominent place on the facade of his establishment.

(15) The assigned special label may be withdrawn by the Authority if any of the standards under the criteria of that particular label, as shown in the Seventh Schedule, is no longer in existence.

(16) When the assigned special label has been withdrawn by the Authority or by the licensee or when the validity period of the special label has expired and has not been renewed, the Authority may reclassify the tourism accommodation establishment in accordance with the schedules to these regulations without considering any exemptions.