The establishments should identify themselves as Local Accommodation establishmentsand may not, under any circumstances, use the qualification of tourist enterprise, or any type of tourist enterprise, nor any rating system.
Advertising, commercial documentation and merchandising of local accommodation establishments must indicate their name or logo and registration numberIt cannot suggest characteristics that the establishments do not have, nor suggest that they are integrated in tourist enterprises.
Accordingly, they may not be advertised using any factor which may give rise to confusion with the legal classification system used for tourist undertakings as regards their typology, group and category.
However, there is nothing to prevent local accommodation establishments from using qualifications or qualifications for commercial or public disclosure purposes, in particular those granted by private entities. As is the case with the Program AHRESP QUALITY.
The name 'hostel»In advertising, commercial documentation and merchandising, may only be used by lodging establishments whose predominant accommodation unit is the dormitory, being considered predominant whenever the number of dormitory users exceeds the number of users in the bedroom.
The dorms consist of a number minimum of four beds or a lower number if they are in bunk beds.
The «hostels»Must also comply with the other requirements provided for by the Law, and in accommodation establishments is required to display, outside the main entrance, a nameplate.
This type of establishment should also properly advertise its operating periodexcept when it is open all year.
Any local accommodation establishment shall have at its disposal complaint book.
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You should be aware that the advertising from unregistered local accommodation establishments or with outdated records is an infringement of Decree-Law No. 128/2014 of August 29, which constitutes a offense.
To find out if an establishment is registered, you should consult the National Register of Local Lodging (RNAL).
The practice of acts of referral to unregistered local accommodation establishments or with outdated records also constitutes a offense.
At offenses above are punished with fine from € 2,500 to € 4,000 for individuals, it's from € 25,000 to € 40,000 for a legal person.
If third-party accommodation manager, you must take these factors into account. Therefore, you should ensure that the accommodation you are managing is properly registered, in particular by asking the operator or owner for the registration number to confirm the information.
LEGISLATION
- Law no. 62/2018 of August 22, makes the second amendment to Decree-Law no. 128/2014, of August 29, which approves the legal regime for the operation of local accommodation establishments.
- Decree-Law no. 63/2015 of April 23, proceeds to the first amendment to Decree-Law no. 128/2014, of August 29, which approves the legal regime for the operation of local accommodation establishments.
- Decree-Law No. 128/2014 of 29 August approving the legal regime governing the operation of local accommodation establishments.
Pursuant to article 23 of Decree-Law No. 128/2014, of August 29, as amended by Law No. 62/2018, of August 22, the availability, advertising, intermediation and the practice of acts of customer referrals in unregistered local accommodation establishments are punishable offenses.
According to Decree-Law No. 128/2014, as amended by Law No. 62/2018, of 22 August, Article 17:
1 - The establishments provided for in the present decree-law shall be identified as local accommodation establishments and may not, under any circumstances, use the qualification of tourist enterprise, any type of tourist enterprise, or any classification system.
2 - Advertising, commercial documentation and merchandising of local accommodation establishments shall indicate their name or logo and registration number, and may not suggest characteristics that the establishments do not possess or suggest that they belong to one of the types of tourist enterprises. Decree-Law no. 39/2008 of 7 March, as amended.
3 - Only accommodation establishments meeting the requirements of paragraphs 5 and 6 of article 3 may use the name "hostel" in their name, advertising, commercial documentation and merchandising.
4 - 'Accommodation establishments' and 'rooms' may use the term 'bed & breakfast' or 'guest house' commercially.
This article has been reviewed and approved by SRP & E Sociedade de Advogados, attesting that its content is in accordance with the legal regime in force.
SRP & E is composed of a multidisciplinary team of lawyers who, through the specialization of the services rendered, intends to provide its clients with the best possible follow-up.
