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Chapter Law Content

Chapter III Tourist Hotel Management and Administration
Article 19
Each tourist hotel shall register guest information each day and keep the record for half year.
The acquisition, processing and use of guest information shall be conducted in accordance with related regulations in the Personal Information Protection Act.
Article 20
Tourist hotels shall properly guard money, securities, jewels or other valuable objects entrusted by guests for safekeeping, issue receipts upon guests’ requests and provide compensate for any damage to or loss of entrusted objects according to law.
Article 21
When discovering luggage or objects left behind by hotel guests, tourist hotels shall register the characteristics of the objects as well as the time and place of discovery, guard the objects properly, and notify the owners to reclaim such objects or send them to the owners if the tourist hotels know the owners and their addresses or report and turn the objects over to the local police authority if the owners are unknown,
Article 22
Each tourist hotel shall take liability insurance for its operations.
The coverage of such liability insurance and minimum insured value are as follows:
1. Bodily injury or death: NT$3 million per person
2. Bodily injury or death in each incident: NT$ 15 million
3. Property damage or loss in each incident: NT$ 2 million
4. Total insured value for the insured period: NT$ 34 million
Article 23
Tourist hotels shall abide by the following in their management:
1. Tourist hotels may not act as sexual service agents for their guests, engage in conduct against social decency or defraud their guests.
2. Tourist hotels may not hire foreign entertainers without government permission to perform in their performance venues.
3. Tourist hotels with nightclubs may not employ or find professional or amateur dance partners or escorts for their guests.
Article 24
Tourist hotels shall immediately take action or report to the local police department when discovering hotel guests in one of the following situations:
1. Suspected of engaging in activities likely to endanger national security
2. Carrying weapons, hazardous substances or other contrabands
3. Using illegal drugs or other narcotics
4. Attempting to commit suicide or found dead
5. Gambling or engaging in conduct that disturbs public order or peace or violates social decency and refusing to cooperate when told to stop such behavior
6. Suspected of committing other crimes
Article 25
Tourist hotels shall provide necessary assistance when discovering their hotel guests are sick or injured
Tourist hotels shall provide assistance when the fire or police department has the necessity or urgency to enter occupied guest rooms to execute their duties or rescue hotel guests.
Article 26
Tourist hotels shall determine their room rates and submit them to the MOTC for reference and also provide the local tourist hotel association with a duplicate. The same procedure shall apply when changes are made.
Tourist hotels shall post the room rates, hotel guest notices and emergency shelter location chart at noticeable locations in each guest room.
Article 27
Each tourist hotel shall post its official tourist hotel label at a noticeable location in the lobby.
Tourist hotels receiving approval to cancel their business licenses or sanctioned to suspend operation or having their business licenses revoked by authorities shall return their official tourist hotel labels.
The MOTC shall public announce cancellation of the official tourist hotel labels of tourist hotels failing to return their official tourist hotel labels as described in the preceding paragraph and such tourist hotels may not continue to use the official tourist hotel labels.
Article 28
Tourist hotels charging corkage fees shall indicate the charge standards and related matters on their websites, menus and noticeable locations in the restaurants in the hotel.
Article 29
A tourist hotel may not offer guaranteed rentals or profits as an enticement to sell the entire or part of the hotel facilities and equipment before or during operation.
Article 30
After beginning operation, a tourist hotel shall provide the MOTC and the municipality government with jurisdiction over the hotel with the following information within the periods specified:
1. The business income, guest room occupancy rate, total number of hotel guests and foreign currencies received each month before the 20th of the following month
2. The balance sheet and income statement before June 30 the following year
Article 31
Tourist hotel facilities approved in accordance with these Regulations may be assigned as one entity only.
If a tourist hotel intends to rent out or assign the entire facilities and equipment to another operator, both parties shall submit the following documents to apply to the MOTC for approval in advance:
1. The Tourist Hotel Assignment Approval Application
2. Duplicate of related agreements
3. The shareholders’ meeting minutes or letter of consent from the lessor or assigner
4. The business plan and financial plan of the lessee or assignee
The lessee or assignee shall complete company registration or ownership change registration according to law within two months after such an application is approved and both parties shall submit the following documents to apply to the MOTC for a tourist hotel business license:
1. The Tourist Hotel License Application
2. The original tourist hotel license issued
3. Photocopies of the corporate charter and company registration and a list of directors and supervisors of the lessee or assignee
When there are justifiable reasons, the lessee or assignee may apply for a two-month extension of the period specified in the preceding paragraph and such application may be filed once only.
Article 32
When the entire facilities and equipment of a tourist hotel are taken over by the surviving company or newly created company as a result of merger, the surviving company or new company shall submit the following documents and apply to the MOTC for approval:
1. The shareholders’ meeting minutes and board of directors meeting minutes indicating the resolution on the merger or a letter of consent form the shareholders
2. Proof of company merger registration and a duplicate of the merger agreement
3. Proof of land and building ownership transfer registration
4. The surviving company or new company’s business plan and financial plan
After the application described in the preceding paragraph is approved, the surviving company or new company shall complete company change registration according to law within two months and also submit the following documents to apply to the MOTC for a new tourist hotel license.
1. The Tourist Hotel License Application
2. The original tourist hotel license issued
3. The corporate charter of the surviving company or new company, a photocopy of the company registration and a list of directors and supervisors
When there are justifiable reasons, the surviving company or new company may apply for a two-month extension of the period specified in the preceding paragraph and such application may be filed once only. .
Article 33
When the facilities of a tourist hotel are auctioned off by a judicial court or taken over by creditors and the buyers or parties taking over apply for approval to continue the operation of the hotel, they shall act according to hotel establishment preparation application regulations and submit the certificates of real estate rights transfer and deeds to the MOTC for approval to begin preparation and a tourist hotel license. The same procedure shall apply when a third party is assigned or delegated by the buyers or parties taking over to manage the tourist hotel.
If the facilities of the tourist hotel described in the preceding paragraph are constructed on the same base with other buildings, letters of consent for use of the land outside the hotel area shall not be required.
If the purposes of the facilities and equipment involved in applications described in the two preceding paragraphs have not been changed, the regulations governing the original preparation approval shall apply; otherwise, existing regulations at the time of application shall apply.
Article 34
Tourist hotels suspending operation for over one month shall submit the shareholders’ meeting minutes or letter of consent to the MOTC for reference within 15 days after suspension begins.
The business operation suspension described in the preceding paragraph may not exceed one year. A tourist hotel with justifiable reason may apply for extension once for up to one year and the application shall be filed within 15 days before the original period allowed expires. After the business suspension period expires, the tourist hotel shall apply to the MOTC for resumption of operation.
A tourist hotel terminating its operation as a result of building destruction or other reasons shall submit the following documents and apply to the MOTC for cancellation of its tourist hotel license:
1. The original tourist hotel license, the official tourist hotel label and the hotel rating label issued
2. The shareholders’ meeting minutes or letter of consent indicating the operation termination decision
The MOTC may cancel the tourist hotel license, official tourist hotel label and hotel rating label of a tourist hotel when the tourist hotel fails to apply for cancellation within the given period as specified in the preceding paragraph.
Article 35
A tourist hotel may not lease out all or part of its guest rooms to be managed by others. When the restaurants, meeting venues and other facilities of a tourist hotel are leased out to be managed by others, the lessees and their employees shall abide by these Regulations. If there are violations, the tourist hotel shall be held liable in accordance with these Regulations.
Article 36
Tourist hotels joining a domestic or international hotel chains or delegating their hotel management to others shall follow the procedures specified in related regulations as well as submit such contracts and related documents to the MOTC for reference.
Article 37
Tourist hotels shall collaborate and participate in related promotional activities held by the MOTC or international tourism organizations.
Article 38
Tourist hotels shall conduct orientation and on-the-job training for their employees; the MOTC may provide assistance if necessary.
Tourist hotels shall act according to related regulations and send employees to participate in the MOTC’s training programs designed to improve the quality of tourist hotel service personnel and such trainees shall abide by related regulations.