On September 13th of this year, there were published in the Official Gazette of the Federation (“DOF”) the Guidelines of the Hotel Classification System.
These Guidelines arise from the reform to the General Law of Tourism published on December 17th of 2015 in the Official Gazette of the Federation, under which a regulation of the hotel classification was contemplated.
It is noteworthy that before the publication of the Guidelines, which are explained below, it was the chambers and associations in the hotel industry as well as international standards, which determined the classification of Tourism Services Hosting Providers (hereinafter the ” Service Providers”).
It is applicable to this note, the following legislation currently in force:
General Tourism Law (hereinafter “LGT”) published in the Official Gazette of the Federation on June 17th, 2009 and amended on December 17th, 2015.
Guidelines of the Hotel Classification System (hereinafter the “Guidelines“) published in the Official Gazette of the Federation on September 13th, 2016.
The most important points mentioned in the Guidelines are:
• A Classification System is established (the “System“) as a self-evaluation mechanism regulated by the Ministry of Tourism (“SECTUR”), which includes certain “variables”, which determine the status of a lodging establishment, same that shall be mandatory for all Service Providers.
• The System is structured in “variables” grouped into 8 axes of performance: Access, exterior and general; Communication; Room and bathroom; Food and beverage; Reception; Temperature control, and; Services.
• It is established that the category of the lodging establishment is the sum of points granted for each “variable”, according to the following parameters:
|1 a 260
|261 a 520
|521 a 780
|781 a 1040
|1041 a 1300
• Service Providers shall comply with the obligations contained in the Guidelines, i.e., obtain a category within one year as from the entry into force of the above Guidelines (i.e. from September 14th, 2016), so they shall obtain it, precisely the day before September 14th, 2017.
•Los Prestadores de Servicios deberán cumplir con las obligaciones contenidas en los Lineamientos, es decir, obtener una categoría dentro del plazo de un año, contado a partir de la entrada en vigor de los mencionados Lineamientos (es decir, a partir del día 14 de septiembre de 2016), por lo que deberán obtenerla, precisamente, antes del día 14 de septiembre de 2017.
v It is important to note that the meaning “Without category” is aimed to “those Tourism Services Hosting Providers that derived from their business and the promotion of their services, consider it not necessary to hold a category in the System” because if they choose not to apply the evaluation System and be labeled under “Without category”, Service Providers may not display or promote a number of stars that it will be not possible to prove with the Hotel Classification Certification (the “Certification“), the SECTUR emits for these purposes. The same is applicable to Service Providers who, having obtained a category, bear or present themselves with a different one.
v Similarly, from September 14th, 2016, Service Providers cannot hold any number of stars without having completed the self-assessment questionnaire for obtaining a category, on the understanding that, in the case of violation of the above, the Service Provider will be liable to a fine equivalent to 500 General Minimum Wages (“SMG”).
• To obtain the Certification of the System it is previously necessary to register in the National Registry of Tourism (“RNT”).
• LaThe Certification shall be delivered within 10 (ten) business days after the application of the online questionnaire and Annex of photographs that serve as evidence regarding the information provided in respect of services rendered in their lodging establishments.
• The Certification shall be valid for 2 (two) years, counted from the day on which the notification of the category in question was received.
• Information regarding the Service Provider and the services it provides will be available on the Web site of the SECTUR.
• Service Providers that have made improvements to their facilities and/or services to modify their category will evaluate themselves again within a three months period from the day they receive notification of their initial category.
• The verification of the information provided by the Service Providers in the questionnaires, shall be performed by SECTUR, same that may delegate that responsibility to the Ministries of Tourism of the corresponding Federal Entity.
• If derived from the inspection visit, it appears that the services and facilities offered by Service Providers do not correspond to the category that it was assigned according to the information provided, SECTUR may cancel the category given in the Certification and shall notify Service Providers the obligation to make a reclassification of their category in a period not exceeding five working days.
• The cases in which the obtained classification can be canceled, are as follows:
I By competent judicial or administrative decision.
II If the classification obtained is found not to be that of the services offered.
III Derived from a verification visit by SECTUR or the State Offices of Tourism, by which it is determined that the indicated classification does not match the services offered by the Tourism Services Hosting Providers.
IV By not updating the data in the System, under the terms provided.
V By closing the activities by the Tourism Services Providerss.
More Info >