LAW 27 January 2006 n
LAW 27 January 2006 22
SAN MARINO

FRAMEWORK LAW ON TOURISM OF THE REPUBLIC OF SAN MARINO



We the Captains Regent of the Most Serene Republic of San Marino


Promulgate and publish the following law approved by the Great and General Council
its meeting of 27 January 2006.





TITLE I SUBJECT MATTER, SCOPE, INSTITUTIONS


Art.
1 (Purpose and object)

1. This Act regulates the exercise of administrative functions in the field of tourism and business accommodation
delegating to the Regulations implementing the regulation of administrative procedures
.
2. The Republic of San Marino ensures the development of tourism as a key resource of
communities by promoting, in particular, the exploitation of tourism resources and qualification
operators, services and facilities, and conforming to the principles and recommendations
of the Global Code of Ethics for Tourism, approved by the World
Tourism and the United Nations on 30 October 1999.


Art. 2
(The implementing regulations)

1. The implementing regulations contain the rules governing the operation of this law under
referrals contained in it, including through the adjustments suggested by the need to maintain a constant ratio between
legislative forecasting and economic and social life .
2. The implementing regulations are adopted by the State Congress a decree having the force of law
, proposed by the Secretary of State for Tourism, within twelve months from the date of entry into force of this Act
.




1
2
Art. 3
(The Secretariat of State for Tourism)

1. The Secretariat of State for Tourism by the implementation of tourism policies, exercising
programming functions, address, control, supervision and promotion of tourism.
2. The Secretariat of State for Tourism examine the technical and financial report referred to in Article 10
- point g), taking the relevant decisions.


Art. 4
(The Council for Tourism)

1. And 'The Council for Tourism, which are to be entrusted to advise it and
proactive in relation to the tourism industry and for activities that have close affinity with it
and free.
2. The State Council for Tourism is composed of the Secretary of State for Tourism - who presides over it -
by the Secretary of State for Trade, the Secretary of State for Finance and Budget, the Secretary of State for
territory, the Director of the State Office for Tourism,
by a representative of each active association in the tourism and commercial sector and the
Director General of the Convention & Visitors Bureau. The Council is appointed by the Great Council and
General and shall hold office until the end of term. 3
. They may be invited to attend meetings of the Council for Tourism - on a proposal of the President
- consultants and external experts, as well as the Secretaries of State in relation to matters within their competence
.
4. The Council for Tourism, on the proposal of the President, appoints the Vice President
choosing between persons who perform professional activities in the tourism sector and the recording secretary,
that can be chosen even among persons not belonging to the Council for Tourism.
5. The State Council for Tourism is convened by the President and / or as otherwise required
least five of its members.
6. The notice must indicate the date, time, place of the meeting and the list of
materials and / or practices to be examined.
7. The State Council for Tourism is valid when there is an absolute majority of its members
.
8. The Council for Tourism, in the first session on its settlement, provides for
adopt internal rules governing its operation.


Art. 5
(Duties and functions of the Council for Tourism)

1. The Council for Tourism are attributed within the materials and functions related to tourism
and the activities to which they have close affinity and connection, the following tasks:
a) cooperate in the development of the three-year plan of which Article 6, second paragraph;
B) submit to the Secretary of State for Tourism proposals and suggestions regarding the
programming, promotion, construction and modernization of infrastructure and hotel facilities
, sports, service, leisure, in order to increase the tourist offer and

Receptivity of the tourist-commercial sector;
C) make proposals to the Secretariat of State for Tourism about the implementation of measures of
urban planning aimed at the promotion, incentive and upgrading of tourist
sector, rationalization of traffic, the use of spaces and of adibirsi parking areas,
the preparation of a systematic plan of advertising exposure, including through
proposals for amending town planning and legislative instruments;
3
d) to identify proposals for commercial offers with special attractiveness in the tourism industry
, also related to individual initiatives, such as to increase the supply and the receptiveness of the various sectors
;
E) submit proposals and suggestions to identify incentives, including tax and fiscal nature,
that may increase supply and tourist-commercial accommodation of the various sectors;
F) submit a bill or amendment to existing legislation, identifying any other
initiative in order to promote and increase the receptivity and the attractiveness of the sector tourist-commercial
of the Republic;
2. The proposals referred to in the previous paragraph must be accompanied by a report
Illustrative. 3
. The proposals referred to in the first paragraph will be submitted by the State Secretariat for Tourism
, the examination of the State Congress to the extent applicable.
4. The State Congress, when it welcomes the proposals of the consultation, informs, through
Secretary of State for Tourism, members of the Consulta and defers the implementation of the same
to the Ministries and the competent offices, in compliance with the rules laid down by the laws of the Republic
.


Art. 6
(The promotional policy)

1. The State Congress identifies the general lines of the promotional tourism policy,
in mainstream economic planning, and determines the funding thereof to
budget, favors the development of the tourism sector of San Marino also by strengthening || | image of the Republic and through a modern and effective campaign of communication and
promotion of tourism, both in Italy and abroad.
2. The Secretariat of State for Tourism, in harmony with the general programming lines,
adopts the three-year plan to promote tourism. The Plan identifies the objectives and instruments of government action
with specific regard to the following aspects:
a) Reference tourist markets;
B) required to be carried;
C) professional technical tools and resources to be used;
D) identification of the implementing bodies;
E) list of priorities;
F) Identification of the implementation times. 3
. In consideration of the objectives set, the State Secretariat for Tourism articulates
three-year plan in the annual plans that are being implemented on the basis of the expertise budget allocated.
4. The Secretariat of State for Tourism uses for the implementation of the tasks entrusted to it by the Office of State
for Tourism and Convention & Visitors Bureau set forth in Articles 9 and 10
, placing directives operating and managing the tools and resources to implement them.


Art. 7
(The three-year plan to promote tourism)

1. The tasks of guidance and programming are described in the three-year promotion plan tourist
, which defines:
a) the strategies of tourism promotion and tourism marketing planning, after consultation with the organizations
public and tourist categories representatives.
The consultation is coordinated by the Secretary of State for Tourism;
B) actions for the pursuit of goals;
C) the criteria for the possible granting of such entities and private contributions and incentives for projects
4
development and promotion of tourism and hospitality initiatives San Marino;
D) the guidelines for the development of supply and quality of supply, defining the objectives and action
promotion criteria;
E) monitoring the implementation of programming;
F) the identification of the budget to be allocated for the realization of the annual promotion plans.
2. By June 30 of the previous reference to the three-year period, the Secretary of State for Tourism
, having heard the opinion of the Council for Tourism, approved the three-year plan,
verifying their compatibility with the guidelines and programming general of the Republic.


Art. 8
(The annual promotion plan)

1. In implementing the three-year Plan, the State Secretariat for Tourism approved by 30

October each year, after consultation with the organizations of tour operators, the annual
Plan of activities and objectives to be pursued in the following year.
2. The plan indicates in particular:
a) the guidelines and strategies of tourism policy;
B) initiatives, the organization, tools and actors for action to promote tourism;
C) schemes and programs;
D) the criteria and procedures for the granting of subsidies and incentives;
E) the procedures for verification of the projects in relation to the objectives. 3
. By 31 May of the year preceding that in which the programming, all
stakeholders, public and private, have the Secretariat of State for Tourism projects and
intervention programs envisaged and objectives achieve.
4. The Secretariat of State for Tourism determines the funding of the Annual Plan and,
possibly special tourist programs offered by associations or associated operators.


Art. 9
(The State Office for Tourism)

1. The State Office for Tourism supervises, based on the directives contained in the three-year
Plan and the Annual Plan, to promote tourism and tourism marketing planning, curing
custody of operational actions. It also carries out the following tasks:
a) promote and coordinate market studies and assessments to determine the overall objectives and
possible actions in the tourism sector;
B) draw up the plan for communication and the tourist image, creating editorial tools,
advertising vehicles and the media deemed appropriate;
C) promote and coordinate studies relating to the development and promotion of the hotel industry and hospitality
;
D) identifies and oversees the organization of promotional events and entrusting initiatives,
where deemed appropriate, implement the Convention & Visitors Bureau, to the
industry trade associations, or other entities;
E) studies, promote and coordinate, in collaboration with the most representative
organizations in the field of tourism, training initiatives in various fields of activity.
2. The State Office for Tourism exercise also the functions and administrative and executive tasks relating
:
a) the collection and publication of prices of accommodation facilities and their annual endorsement, and the
control of the application of tariffs;
B) the assignment of the classification of the accommodation facilities and control over them;
C) oversight of Travel Agencies and Tour Operators provided for in the Implementing Regulation;
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d) the phase concerning the tests for certification in the tourist professions,
the release of the authorizations, the relevant supervisory authority;
E) the allocation of funds to operators;
F) the tourist information;
G) cooperation with the private sector and with the associations of tourism;
H) collaboration with the organizations and institutions specifically appointed for the collection, processing and publication of statistical data
;
I) to monitor compliance with the provisions contained in Title II and III and the application of administrative pecuniary sanctions laid down in Article 27.



Art. 10
(The Convention & Visitors Bureau)

1. The Convention & Visitors Bureau (CVB) is an agency service, private law, which plays
operational and implementation tasks in the field of tourism. The Convention & Visitors Bureau is made in
companies for participating shares mixed public / private. The shares will be subscribed
at least 51% by the State and the remaining shares by the trade associations of the industry
and private actors.
2. The Convention & Visitors Bureau, unless provisions of this law, will be governed by the norms
on corporate law and the bylaws. The statute should specify:
the corporate purpose;
the rules governing the functioning of the Assembly of shareholders;
the rules governing the operation of the Board of Directors;
the rules governing the operation of the Board of Auditors;
the management standards, accounting, financial management related to the economic CVB;
The rules on cash and treasury services;
the rules concerning the allocation of profits and losses. 3
. The Board of Directors appoints its own President.
4. The Board of Auditors is composed of three members, appointed by the State Congress of
proposal for 2/3 of the State Secretariat for Tourism, 1/3 private.
5. The Convention & Visitors Bureau, in collaboration with the tourism policy guidelines laid down

By the State Secretariat for Tourism, it performs the following activities:
a) adopts its staffing plan and the instruments necessary to their internal operation;
B) performs actions and projects assigned by the Office of State for Tourism and the Secretary of State for Tourism
relating to Three-Year Plan and Annual Plan;
C) cooperate with the Secretariat of State for Tourism and the State Office for Tourism
to the formation of the three-year plan and the annual promotion plan;
D) can manage and organize events, events and promotional initiatives and activities
conference at the Congress Centre "Kursaal" and other infrastructure suitable for the purpose,
entrusted by the Secretary of State for Tourism;
E) resolution and implement its initiatives;
F) approve by February of the year following the year of conducting the technical and financial report
in the final balance of the activity, to be submitted later to the Office of State for Tourism
. The State Office for Tourism forwards the report to the Secretariat of State for Tourism
with their observations and considerations;
G) the Secretary of State for Tourism can be assigned annually to the Convention & Visitors Bureau
the budget needed to implement the programs and initiatives identified by
Secretariat, whose management is entrusted to the Convention & Visitors Bureau.
6. The timing and procedures for setting up the CVB are set out in the Implementation Regulations.
7. The Articles of the Convention & Visitors Bureau will have to be formulated in cooperation with
trade associations of the sector, by 30 September 2006.
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Art.
11 (The Executive Director of the Convention & Visitors Bureau)

1. The CVB Board of Directors appoints the Executive Director, by choosing it from a list of three
names of experts in tourism, proposed by the President of the Convention & Visitors Bureau
.
2. The Executive Director shall implement the resolutions adopted by the Board of Directors,
coordinates the activities of the staff, is responsible for holding the records, books and records, works with
the Board of Directors in the selection of the operational lines . 3
. The requirements, the term of office of the Executive Director and arrangements for renewal or revocation advance
thereof are provided by the implementing regulation.

Art. 12
(The Tourism Observatory)

1. The Tourism Observatory, with the collaboration of San Marino tourism businesses and
public offices working in the field of tourism and economic and technical fields involved in
tourism and industry trade associations, carries out surveys, polls, market analysis
forecasting, monitoring, reporting to the Secretary of State for Tourism in order to put it in
conditions in an informed carry out tourism policy, to anticipate events, crisis management, participate
to any special initiatives.
2. The members are appointed by the Tourist Observatory Secretary of State for Tourism.
The Tourism Observatory is entrusted to persons of proven experience and professionalism chosen among experts,
for continuous monitoring of the tourism system. 3
. The Tourism Observatory also contributes with data, information and statistical studies to
formulation of the three-year plan and annual plan in consultation with the Secretary of State for Tourism
and participate in an advisory capacity in meetings of the CVB and the Consulta of Tourism.
4. Standards, operating procedures and Tourist Observatory
composition are provided by the Implementation Rules.



TITLE II THE TOURIST COMPANIES: THE ACCOMMODATION


Art. 13
(Tourist Enterprises)

1. Tourism businesses are the economic activities organized in professional form for the
production, management, marketing, provision of hospitality and other related services in receptive
structures and / or to the intermediation of tourism services.
2. Tourism entrepreneurs are those who put in place the economic activities mentioned in the first paragraph
. 3
. The companies, both individually and corporate entitled to conduct tourist
must enroll in a special Register of Companies maintained by the Tourist Industry, Commerce and Handicrafts
.
4. In order to obtain the license for carrying out individually activity tourist
, the applicant must, in addition to being in the personal conditions required by applicable law
relating to operating licenses issued, possess the following requirements:
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A) be in possession of a professional certificate issued by the Vocational Training Centre, or professional degree
issued by vocational schools for hotel services and
beverage or by Technical Institutes for Tourism, or degree in tourism studies or master's degree in tourism studies
issued by authorized institutions; or if you do not have one of the study or professional
above mentioned titles and subject to the possession of the other requirements, have positively
attended a qualifying course of the Rules of implementation of this law
;
B) passed an examination of competence on the conduct of the undertakings referred to in Regulation
implementation of this law.
5. In order to obtain the license for carrying in corporate form of tourist activity,
the promoter shareholder or the natural person responsible same activity should, in addition to being in
personal conditions required by current legislation granting of operating licenses,
be in possession of the requirements referred to in subparagraphs a) and b) above.
6. The undertakings carried out in individual and corporate form, that the date of entry into force of this law
legally engage in the activities mentioned in the first paragraph, they are entitled to obtain
registration upon application to be submitted to the Office Industry Craft and Commerce
within 90 days from the date of entry into force of this Act.


Art. 14
(The hotel accommodation)

1. Are accommodation facilities in the exercises organized to provide the public with management unit
, accommodation with or without food self-service and other ancillary services for the stay, including any
bar and catering services.
2. Hotel accommodations are divided into hotels, tourist residences and
motel. 3
. Hotel accommodation must be of a number of not less than seven rooms.
Exceptions to this subparagraph shall be permitted only in the presence of particular historical value
monumental buildings located in historic centers or in existing structures at the time of entry into force of this Act
.
4. Hotels are hospitality establishments open to the public, to unitary management, which provide lodging
possibly food and other ancillary services, in rooms located in one or more buildings or parts of stable
. In hotels it has allowed the presence of residential housing units (apartments with cooking
points and related services), as a percentage not exceeding 20% ​​of the total accommodation capacity of the structure
.
5. Tourist residences are hospitality establishments open to the public, to unitary management,
providing accommodation, daily cleaning and ancillary services in furnished apartments consist
one or more local, with, for no less than 80 % of the rooms, the kitchen and self-service
any offering centralized services. In tourist and hotel residences it has allowed the presence of
rooms and suites, as a percentage not exceeding 20% ​​of the total accommodation capacity of the structure
.
6. Motels are hotels specially equipped for parking and servicing of cars and motorcycles
, which ensure the same repair services and possibly refueling
.
7. The hotel facilities can conduct its business, as well as in the main office, where
go allocated the reception and front desk services and other basic services, including addictions.
The dependencies are located in different properties to that of the head office, in the same context
real estate; or even in a separate part of the same property, when it is accessed by a different entrance
.
8. Hotel accommodations are classified by stars. The stars are attributed in number
5, 4, 3, 2 and 1 main characteristics and requirements set forth in the tenth paragraph. Hotels
8
rated 5 stars may take the additional designation "Luxury", when conditions are
conditions laid down in the Implementation Regulations.
9. The ranking is attributed to the call issued by the natural person or legal holder of
.
10. The characteristics and structural and functional minimum requirements referred to in this article are
determined by the implementing regulation.
11. The classification is issued by the "Commission for the classification and supervision
hospitality businesses" in Article 20.


Art. 15
(The accommodation facilities in the open air)

1. They are accommodations outdoor tourist villages and campsites.

2. Are tourist villages hospitality establishments open to the public, to unitary management, equipped of
fenced areas for parking and the living room, in preparations having characteristics identified in
implementing regulation, for tourists without a rule of autonomous vehicles overnight. 3
. Campgrounds are receptive exercises open to the public, to unitary management, prepared and equipped
of fenced areas for parking and temporary stay of tourists provided, normally of tents,
caravans, motor caravans, mobile-house, mobile homes, or other mobile lodging structures. In camping
it has allowed the presence of tents, caravans and minimum stable equipment installed by the operator
such as overnight subsidiary means, in the limit of a capacity not exceeding 25% of the total of
' exercise compared to the usable.
4. The campsites and holiday parks may take the additional name of "Center
Holidays", if they are equipped with sports facilities, entertainment and leisure facilities and Related Services
commercial and catering.
5. The tourist villages and camping sites are classified by stars. The stars are attributed in number
3, 2 and 1 second features and requirements referred to in paragraph seven.
6. The ranking is attributed to the call issued by the natural or legal person concerned.
7. The characteristics and structural and functional minimum requirements for classification are determined by
Implementation Regulations.
8. The classification provided by the Commission for the classification and supervision of firms receptive
, formed in the manner provided for in Article 20, second paragraph, and governed by
of its implementing Regulations.
9. In the accommodation facilities referred to in this article I am not subject to planning permission or concessions
the mobile facilities for overnight stay, such as caravans, mobile houses, mobile homes and the like
installed by the operator in the customer service, under conditions It is in no way
permanently connected with the ground and that the operator should ensure by written commitment, under penalty of revocation of
, and client rotation.


Art. 16
(The exercises of affittacamere)

1. Are exercises of affittacamere structures that include up to seven rooms, located in no more than three
furnished apartments in the same building, in which you provide lodging and
Possible related, and - solely to people staying - food and beverages.
2. In particular, the landlords ensure, making use of the normal family organization
, the following minimum hospitality services, included in the room price:
a) cleaning of the rooms at each guest change and at least once a week for each customer;
B) the supply of electricity, water and heating. 3
. The use of an apartment or a property in the manner provided for in this
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article does not lead to the change of use to urban purposes.
4. The rules and authorization procedures are contained in the Implementation Regulations.


Art. 17
(The houses and apartments for tourist stay)

1. They are homes and / or apartments housing units consisting of one or more local
furnished, equipped with toilets, with or without their own kitchen, and managed together in the form entrepreneurial
for lease to non-resident guests in Republic without offering centralized services,
with a period of no more than three consecutive months.
2. Considering receptive activity by management of houses and apartments
not the occasional handling and organized of three or more homes or apartment rentals, employment,
business, study and the like. 3
. In the houses and apartments management of this kind must be insured as follows
Services:
a) cleaning of the units at each change of guest and at least once a week;
B) provision of clean linen to every change of client and change of linen on request;
C) the supply of electricity, water, gas, heating and / or cooling;
D) assistance for the maintenance of housing units and for the repair and replacement of furniture,
kits and equipment;
S) service delivery and reception guests.
4. The management of houses and apartments can not, however, include the administration of
food and drink and the offer of other centralized services of its hotel companies.
5. The use of houses and apartments in the manner provided for in this article do not
involves the change of use to urban purposes.

6. Those wishing to provide accommodations to guests in accommodation type
governed by this Article shall give notice, pursuant to the laws of San Marino on security and forensic
to the Gendarmerie, and for statistical purposes to the Office of State for Tourism.
7. The exercise of the accommodation facilities mentioned in this article is subject to
issuing licenses after verifying that the requirements of the Office of Industry and Commerce
. The license contains the indication of the number of housing units, the number of beds, bathrooms
and any other authorized services.
8. The licensee shall give advance notice of any change of the elements contained in the authorization
in order Tally permanence of the requirements. These changes are noted
in the authorization within thirty days of its receipt.
9. The Office of Industry and Commerce Office shall transmit a copy of the license
State for Tourism and communicates any changes to it for any promotional disclosure.
10. While ensuring observance of the provisions of the third, fourth, fifth and sixth paragraphs,
those who wish to give accommodation for holiday homes and apartments for up to thirty days,
in non-business, must give contextual annual communication to the Office of State for Tourism
specifying the location of the rented accommodation and housing characteristics.
11. Methods and procedures are contained in the Implementation Regulations.


Art. 18
(Rural tourism)

1. Constitute receptive activities of rural tourism facilities located in rural buildings,
accordance with the law on rural tourism activities, for no more than seven rooms and
fifteen beds, with possible supply of food service exclusively for customers
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housed and possibly management of farm equipment, sports and leisure consistent with
rural accommodation business.
2. The rural tourism activities are governed by a special law.


Art. 19
(The "bed and breakfast")

1. The Republic of San Marino favors the development of hotel accommodation in
font family called "Bed & Breakfast".
2. It defines exercise "Bed & Breakfast", the receptive extra-hotel activities conducted by
who, in the house where he lives and lives by birth, offers an accommodation service and provides breakfast
, in no more four rooms for up to twelve beds, on an intermittent or
at certain times of the year. 3
. Condition for the exercise of the activity is compliance with sanitation standards, the
building codes and zoning regulations, and those related to the intended uses its
of civilian homes, and entail the obligation residence of the owner in the house used
asset during the period in which the service is performed.
4. The exercise of the activity is subject to the notice of commencement activities and is not subject to the issuance of license
.
5. Procedures, terms, procedures and sanctions are contained in the Implementation Regulations.




TITLE III COMMON RULES FOR COMPANIES ACCOMMODATION



Art. 20
(Classification)

1. The administrative functions relating to the classification of the accommodation facilities are attributed
to the Commission for the classification and supervision of accommodation companies acting assignment
of the league and / or its review and issue the certificate necessary to obtain a license referred to in Article 21.

2. The Commission for the classification and supervision of accommodation businesses is nominated by
Great and General Council, it holds office for five years and is composed of the Director of the Office
State for Tourism - the coordinates - and six including three experts appointed by the industry
trade associations and is governed by implementation Regulations. 3
. The Implementation Regulations indicates the procedures and requirements for classification, signs distinctive
corresponding to the type of structure and the level of classification and indications to be exhibited to the public
, and the parameters for the quantification of the beds to be assigned each room or
housing unit and to define the capacity of campsites and holiday parks.


Art. 21
(Operating license, denomination, conversion)

1. The exercise of the receptive activity is subject to the grant of a license by the Office
Industry and Commerce in accordance with current law, for the grant of

Operating licenses to individuals and legal persons, except as prescribed in the relevant law for
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accommodation provided for in Article 18 and the provisions of Article 19.
2. The name and consistency of structures and changes contained in the act
classification are included in the license. The name chosen to mark
it is subject to approval of the Office Industry and Trade, which can
ask the change to avoid homonyms between exercises and / or indications liable to induce tourist
erroneous beliefs. 3
. The accommodation can be converted from one type among those listed,
subject to the restrictions established by this Law and its Implementing Regulations.
4. The Office of Industry and Commerce shall send the Office of State for Tourism and the Gendarmerie
communications relating to licenses, suspensions, withdrawals and terminations,
and the change of ownership; also transmits the information on opening times and closing
and the information on the manager and / or responsible for the management of the accommodation,
communicated by hospitality businesses under the Implementation Regulations.


Art. 22
(suspension, revocation and termination of the operating license)

1. The Office of Industry and Commerce, the Office of reporting of State for Tourism
, after giving notice, may temporarily suspend the operating license of accommodation
for a period of one to six months when is not one of the mandatory requirements concerning the standard
minimum classification or practicability.
2. The license shall be revoked if:
a) is not one of subjective requirements required for the owner or operator;
B) the owner or the manager, the expiration of the suspension period, has not complied with the requirements imposed
;
C) no longer includes the planning requirement. 3
. The holder of a structure, which intends to temporarily suspend,
must give prior notice; and who intends to proceed with the termination of the activity must submit a waiver on legal paper written
Office Industry and Commerce.
4. Procedures, terms and procedures are contained in the Implementation Regulations.


Art.
23 (Complaints)

1. The complaints concerning the operation of the exercises mentioned in this Act shall be addressed to the Office of State for Tourism
.
2. The owner or operator of the facility against which complained
must provide their counter within seven days of receipt of the complaint made by
State for Tourism. The lack of response is tantamount to an admission of liability
. 3
. In the event that the complaint is well founded, the State Office for Tourism gives over to
process for the application of administrative fine to the regulations implementing
.
4. If the complaint received concerning the application of rates, the owner or manager,
regardless of the application of the administrative penalty, is obliged to reimburse the customer
any amount overpaid, within fifteen days from '
start of sanctioning proceedings under the third paragraph and, simultaneously, to communicate the extremes of
payment to the Office of State for Tourism.
5. Customers making the complaint under the first paragraph must be informed of the outcome of the same
.
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6. The methods, procedures and penalties are set out in the implementing Regulation.

Art. 24
(Complaint to Gendarmerie of the clients housed and
statistical survey of the tourist movement)

1. The managers of the hospitality businesses referred to in Articles 14, 15, 16, 17, 18 and 19 are required to
record, pursuant to the "Regulations for the current provisions on forensic" 23 of August 7, 1927 in | || special paper or computer registers the personal data for the guests accommodated, following
presentation of a valid identity document and communicate it to the Gendarmerie
within 24 hours of their arrival, by fax or other IT tools.
2. Managers of hospitality businesses referred to in Articles 14, 15, 16, 17, 18 and 19 are required also to communicate regularly
Office of State for Tourism statistical data on arrivals and
departures of the guests, presence, their nationality or their province of residence if Italians. 3
. The communication procedures as well as penalties in case of failure

Communication, without prejudice to the competence of the Gendarmerie Corps penalties for omitted
statements, referred to in the first paragraph of this Article, provided for by the law 24 February 2000 n.22,
are contained in Regulations implementation.


Art. 25
(The price complaint)

1. Prices for the services of the hotel and non-hotel accommodation facilities are
regulated by law 31 October 1994 n. 89.
2. The tourism industry associations, by June 30 of each year, propose
to the Secretariat of State for Tourism the minimum and maximum prices for hotel exercises and extra-hotel
to apply to the public, with effect from 1 January of the following year, for the full year
and / or for subsequent years. The Secretariat of State for Tourism shall forward, in its observations, the
proposal, the Commission Prices, acting in accordance with Law 31 October 1994 n. 89. 3
. Operators can not practice at the highest prices higher or lower than the minimum approved
. The application to the public of rates above the maximum and below the minimum
official is punished with an administrative fine established in the Regulations for Implementation, which has also
procedures.


Art. 26
(Information to the tourist)

1. The tables containing general information on the exercise prices, the prices charged by
structure and the list of the rooms with their services and prices, are on display in a visible place in the
the reception of guests. The markers, indicating the prices charged for each room or
unit, are exposed visibly in each room or dwelling unit or in place of
performance of individual services.
2. They are to be used the models adopted by the Office of State for Tourism, who shall
affix a stamp of endorsement after compilation by the operator, and before exposure to the public

3. The State Office for Tourism publishes the list of accommodation facilities with features
and the prices charged.



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Art. 27
(Administrative penalties)

1. Subject to the application of criminal sanctions, is subject to payment of an administrative monetary penalty
and the immediate closure of any person engaged in paid accommodation
unlicensed. In documented case of force majeure, the closure may be postponed to another date
, however fixed and predetermined.
2. E 'subject to payment of an administrative fine, the manager of a
accommodation, that:
a) does not expose to the public table and price tags;
B) fails to notify the Gendarmerie information relating to clients housed;
C) fails to provide statistical data on the
customers attendance to the Office of State for Tourism;
D) does not provide the information requested by the competent bodies or public offices or does not allow
investigations ordered for classification purposes;
E) does not observe the rules of hygiene, health, public order and safety;
F) does not keep the opening periods;
G) apply higher prices to the public at the highest or below the approved minimum;
H) Public information is not true or responding to what appears from the certification and the license.
In this case we proceed with the immediate seizure of the publication;
I) does not respect the authorized capacity. In this case the fine levied
is calculated on the basis of a specified amount for each place excess bed, without prejudice,
however, the obligation to restore the capacity authorized;
L) has been the subject of a founded complaint within the meaning of the preceding Article 23. 3
. In case of recidivism, the penalties provided in the preceding paragraph shall be doubled. In cases more serious
you can proceed further to the suspension of the license for a period not exceeding sixty days
or revocation of the license.
4. The administrative fines provided for in this Article, excluding those
imposed in point b), shall be determined by the implementing Regulation and shall be implemented by the Office of State for Tourism
exercising, also the supervision of provisions under Titles II and III of this Act
through its officials and other representatives of the Police Forces.
5. The sanctions of suspension and revocation of the license and the year-end is applied by
Industry, Commerce and Handicrafts.
6. Penalties related to failure to inform the Gendarmerie of the personal data of

Accommodated clients, referred to in point b) of this Article, are applied by the Corps of Gendarmerie
under Article 1 of the law 24 February 2000 n.22.




TITLE IV THE TOURIST COMPANIES: The BROKERAGE TOURIST



Art. 28
(travel and tourism agencies and tour operators)

1. The tourist intermediation activities, including assistance and advice to tourists, can be exercised
from Tour Operator (TO) and Travel Agencies and Tourism (and train).
2. Tour operators are companies who make use, at their own risk, the business of manufacturing and
organization of stays, trips and cruises by land, sea and air, without direct sale to the public
. The tourist products are sold through the publication and distribution of
14
travel catalogs and brochures or electronically exclusively to the Travel and Tourism Agencies
. 3
. The Tour Operator activity is carried out while respecting the protection of the rights and interests of users
. It can not be carried out in open to the public. Any signs
must contain the applicant's direct sales ban to the public.
4. Are travel agencies and tourism companies who perform activities and tourism consulting
engaged in the production, organization of trips and stays, brokerage for individual
persons or groups and transport ticketing, with direct sale to the public . These activities may be carried out jointly or separately
. For direct sale to the public it means the sale effected
both at the head office of tourism and through electronic means, provided for end-users
, service consumers, whether private or company / association.
5. The Travel and Tourism Agencies must expose the visible hallmark,
indicate the exact title and have local independent, solely intended for specific activities.
6. The activities of Travel Agencies and Tourism and Tour Operator is subject to the issuance of a license
under current legislation of operating licenses issued.
7. For the activity it is necessary, in addition to the provisions of the legislation
issuing operating licenses, have no prior criminal conviction entailing disqualification, even temporary
, the exercise of profession, unless it is rehabilitated;
is also necessary that you have taken out a specific insurance policy and paid the deposit or
bank guarantee provided for by the implementing Regulation.
8. The Agency's name may not be equal to or similar to those adopted by
agencies already operating in the territory of San Marino.
9. In the event that the sale of agency services be by commercial promoters,
themselves must be equipped with identification document issued by the Agency, which must
keep the list of promoters at their location available of supervisors.


Art. 29
(Technical Director)

1. The activities of tour operators and those of Travel Agencies and Tourism is responsible for the
Technical Director, which can be either the holder of the license in the case of sole proprietorships, or the person physical
it is designated by the owner company Tour Operator or Travel Agency.
The person in question must be in possession of the requirements of the second paragraph.
2. Except as contained in the Rules of Implementation, the aspirant
Technical Director must possess the following requirements:
a) have reached the age of majority;
B) be in possession of a diploma issued by the Professional Institutes for Tourism Services or by
Technical Institutes for Tourism, or degree in tourism studies, or master's degree in Tourism Studies
issued by authorized institutions. If you do not have one of the study or professional titles above, and
subject to the possession of the other requirements, access to the test referred to in the third paragraph, is subject to a positive
taking a course enabling of the Rules of implementation of
this law, namely the possession of the requirement of 5 years of service required by
letter d);
C) have the capacity to act;
D) have proven experience of work at least duties of concept or as a responsible
department of a travel agent, or with a tour operator, not even
San Marino, for at least three years . In case you do not possess the qualifications referred to in (point
b), the trial period documented by a travel agent or tour operator is

Increased at least five years;
E) not to have been definitive convictions involving a term of imprisonment exceeding two years;

15 3. It meets the requirements mentioned in the second paragraph admits the aspirant Technical Director
examination of professional competence governed by Implementation Regulations.
4. Tourism businesses of brokerage, the date of entry into force of this Act,
carrying on the agency activities Travel and Tourism and / or Tour Operator, may indicate a
professional role, as technical director, with special application to be submitted to the Office
Industry and Commerce, within the period of ninety days from the date of entry into force of the Regulation implementing
set forth in paragraph.
5. Authorization procedures, verification and control activities, the protection regulations of the tourist and
anything else in the functioning of regulated companies here are contained in the Rules
implementation.


Art. 30
(Transitional Rule)

1. The tourist brokerage firms, whether Travel Agencies and Tourism or
Tour Operator, which, upon the entry into force of this Act, exercising one of the activities in a disconnected manner
, on the basis of previous legislation may continue to engage in this activity
prior written notice to the Office Industry and Commerce.
2. The tourist brokerage firms that, on the entry into force of this
law, exercise joint activities Travel and Tourism Agency and Tour Operator, based
the former rules may continue to play this activity, by written notice to the Office
Industry and Commerce. But these companies have to locate the seat of
Tour Operator in local not open to the public and separate from those where the activity takes place in
Travel and Tourism Agency. The separation of the seats must take place within six months after entry into force of the implementing Regulation
, after verification and approval by the Office Industry, Commerce and Handicrafts
. 3
. The companies that at the time of entry into force of this law, despite having concerns
the exercise of tourist intermediation activities have not proceeded to the withdrawal of license or
have not actually started the brokerage business Tourism, on the basis of
previous legislation, are subject to the provisions of this law.
Consequently, in the event that the aforementioned companies intend to enter the brokerage
tourist activities must choose between carrying on the business referred to in Article 28 Tour Operator, second and third paragraphs and
carrying on the business of Travel Agency in Article 28, fourth and fifth paragraph
.
4. The procedures, verification procedures and penalties in case of non-compliance with
requirements of this Article shall be contained in the Implementation Regulations.


TITLE V


TOURIST PROFESSIONS


Art. 31
(The professionals)

1. And 'tourist guide by profession who accompanies individuals or groups of people in
visits to works of art, museums, galleries, archaeological digs, villas, parks, particularly attractive sites,
industrial complexes, handicraft, agricultural and the like, and explain the historical, artistic features,
monumental, landscape and socio-economic.
16
2. And 'tourist guide by profession who accompanies individuals or groups of people on trips
on national territory or abroad, by the implementation of the tourism program prepared by the organizers
, provides assistance to individuals or organized groups,
provides significant elements or news of tourist interest on transit areas outside the scope of competence
tourist guides mentioned in the first paragraph. 3
. And 'hiking guide who by profession, also in a non-exclusive, non-continuous
, accompanies individuals or groups of people classified valuable natural areas
illustrating the territorial characteristics and all environmental aspects in their || | articulation, complexity, interaction and dynamism allowing a stimulating fruition and user participatory
, with the ways and means and in locations from time to time deemed appropriate.
4. And 'conference organizer by profession who prepares the conference facilities,
congresses, seminars and / or shall manage, promote events, provides services for such purposes
, excluding brokerage activities referred to 'Article 28.

5. And 'entertainer who by profession is organizing, in own or associated forms, activities
times to entertain, in accommodation or in spaces outside facilities, guests of the same structures, with
exception of activities specified in the first, second and third paragraphs.
6. Those who also are not restricted to the professional activities mentioned above
Directive to hold qualification and be registered in a special register of Professional Operators in
Tourism maintained by the Office of State for Tourism.
7. The qualification to the activities mentioned above is allowed when you have the following requirements
:
a) have reached the age of majority;
B) possess a high school diploma or degree;
C) have the capacity to act;
D) have passed an examination of professional qualification for each profession regulated by
Implementation Rules and consisting of at least one written test or tests and oral tests, sometimes
to assess the technical and legal knowledge of the profession, and the knowledge of at least a / o
two of the main European languages, in addition to the Italian language. The habilitation procedures, activities
verification and control and any other activities not provided for in this Title shall be governed by
Implementation Regulations;
E) must not have been definitive criminal conviction involving a prison sentence of up to two years
.
8. The Board of Examiners authorized to award the professional qualification is appointed by
Congress of State on the proposal of the Secretary of State for Tourism and is composed of:
a) State Office Manager for the expert in Tourism sector, as Chairman;
B) three experts in the examination subjects of their specific professional figure;
C) a representative of the professional category concerned;
D) a teacher for each of the languages ​​being examined.
9. The qualified tour guides are admitted free to all museums, galleries and monuments
state of San Marino.
10. Employees of the State Office for Tourism, who currently exercise the role of tour guide
at the Guides Office, continue to play the tour guide
until the end of their assignment. They are entitled to obtain official registration in the Register as required by
Application Regulations. Authorisation is issued solely for the language known


Art. 32
(The training)

1. The Secretariat of State for Tourism promotes the qualification and requalification professional
in tourism, both in the public and in private, even in
17
collaboration with the organizations of category, in order to protect the smooth completion of
activities and image of good tourist organization in the Republic of San Marino.
2. It will, to this end, set up of training and refresher courses, with intervals to be determined,
with the aim of training and update of the tourism industry, to promote the culture of hospitality
and improve the system BUSINESS in the territory of the Republic of San Marino. 3
. The refresher and training courses are aimed at public sector employees of tourism
or sectors related to tourism and private operators.




TITLE VI MEASURES STATE




Art.33 (Financial Operations)

1. The expansion of facilities defined in article 14 in order to
increase the accommodation capacity, upgrading of the structure in order to improve its ranking
in superior category, interventions of new construction of facilities
established in accordance with Title II of this law, benefit from the tax reduction in the form of subsidized credit and
partial exemption from income tax generally defined within the
Budget law.


Art. 34
(Constraint target)

1. The facilities, equipment, installations and furnishings made with the contributions provided by
implementing rules of this Title, are bound to the intended use specified in the decision granting
for a period equal to that required for the repayment the possible soft loan,
and for no less than ten years from the date of disbursement of the aid.
2. The constraint is assumed by the owner or legal representative of seeking to benefit
of the interventions provided for in Article 33, by a unilateral act recorded and, when referring to goods
properties, transcribed. 3
. The bond remains even against assignees of the original natural person or legal beneficiary
.

4. The possible early termination of the bond shall be authorized where there is demonstration
impossible or not cost-effectiveness of maintaining the intended use of the works, and
entails the obligation of prior return of paid contributions and tax considered
free, plus interest at the legal rate from the date of grant of subsidy.
5. All registration fees, transcript or cancellation are borne by the beneficiaries.


Art.
35 (Measures for the elimination of architectural barriers, for sanitation adjustments
for technology services and improvements)

1. In buildings and in existing installations at the time of entry into force of this Act and
service structures and regulated professions here, can be made
interventions needed to overcome architectural barriers, sanitary and adjustments for
18
technology services, the work required by the safety standards, and works for modernization and upgrading of the structures aimed
minimum quality levels required by the rules on the classification
, in the manner and subject to the rules laid down in the Law 29 January 1992 and 7
to the Law 87 of July 19, 1995, as amended.




TITLE VII REPEALS AND ENTRY INTO FORCE



Art.
36 (Repeals and Entry into Force)

1. the provisions contrary to this law are repealed.
2. Until the entry into force of the Regulation implementing for hospitality businesses applies
Law 18 March 1993 n. 43 "Classification of Hotels Companies". 3
. This Law shall enter into force on the fifteenth day following that of its legal publication
except for the provisions of Title VI, whose entry into force is subject
adoption of the Implementing Regulations.


Our Residence, this day of February 6 2006/1705 dFR



THE CAPTAINS REGENT
Claudio Muccioli - Antonello Bacciocchi





THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Rosa crocuses