Turizm Amaçli Sportif Faaliyet Yönetmeliği

REGULATION ON SPORTS ACTIVITIES WITH TOURISM PURPOSES

Official Gazette No : 23020

Official Gazette Date : 15.06.1997

SECTION ONE

Introduction

PURPOSE

Article 1 – The purpose of this Regulation is to set forth the qualifications required for the tourism enterprises which would be engaged in sports activities with tourism purposes during the performance of various sports disciplines as tourism activities, to take measures necessary to ensure that such activities are performed in a safe manner, to perform audits and to develop variation in tourism.

Article 2 – This regulation includes the compulsory requirements that are to be complied with for performing sports tourism activities.

This regulation does not cover the activities to be organized by the sport clubs and related federations operating under the relevant regulations, among their own sportsmen or sportsmen from other countries.

LEGAL BASIS

Article 3 – This regulation is issued pursuant to sub-clause 3 of paragraph © of article 37 of the Law on Encouragement of Tourism No. 2634.

DEFINITION

Article 4 – For the purposes of this definition: a) Ministry: means the Ministry of Tourism, b) Provincial Directorate: means the Provincial Directorate of Tourism, c) Agency: means the travel agencies set up under the Law No. 1618, d) Board: means the Sports Tourism Board to be set up hereunder, e) Eligibility Certificate: means the certificate to be issued by the Sports Tourism Board (Annex 1),

1 f) Permission: means the permission certificate to be issued by the Ministry permitting to perform sports tourism activities. g) Course: means the sports activity field to be determined by the Ministry, h) Sport Activity with Tourism Purpose: means the sports activities and events performed by or together with the tourists or organized for the tourists through applying all or some of the rules of one or more sport disciplines, i) Accommodation Facility: means the facilities granted with Tourism Operation Certificate by the Ministry of Tourism.

SECTION TWO

Main Provisions

GENERAL REQUIREMENTS

Article 5 - Performing and organizing sports activities and events as tourism activity is a travel agency service.

Persons, entities or enterprises that are not travel agents are not entitled to provide sport activities with tourism purposes.

The activities to be organized by the entities mentioned in sub-clause two of article 2 hereof and the activities to be held within the boundaries of the facilities with tourism operation certificates are not included within the scope of this article.

SPORTS RULES

Article 6 - In the performance of a sports event subject to sports tourism activities the rules set forth by the national federations or agencies established for the performance of the said sports, and if no such federations or agencies exist, the rules set forth by the international bodies shall be observed.

COURSE

Article 7 - Tourism activities with sport purposes shall be held in the areas to be determined and announced annually by the Ministry.

Such areas shall be arranged by the Ministry or the agencies to be designated by the Ministry.

The courses for each type of sports activity shall be separately determined by the Ministry. The sports activities which do not require special courses shall also be stated. The opinion of the Ministry of Forestry shall be asked concerning the courses in the forest zones.

PERMISSION

2 Article 8 - The travel agencies and facilities with tourism operation certificate, which will hold sports tourism activities shall obtain permission from the Ministry in accordance with the provisions hereof, separately for each type of sport activity.

SPECIAL CONDITIONS

Article 9 - The conditions pertaining to the implementation of the provisions set forth herein shall be annually determined by the Ministry as required and separately for each type of sport activity.

The travel agencies and facilities with tourism operation certificate which apply for permission shall meet the following conditions in addition to the requirements listed in the Regulation. a) The list of required materials and tools, b) Required certificate class for the personnel, c) Transfer vehicles meeting necessary qualifications (when necessary), d) An insurance policy with the minimum amount mentioned in sub-clause (f) of article 11 of the Regulation, e) Conditions regarding other matters that would be applicable when deemed necessary.

FORMATION OF THE SPORTS TOURISM BOARDS

Article 10 - Sports Tourism Boards shall be set up in the regions to be determined by the Ministries, to perform the duties set forth herein, to examine the applications filed by those who want to perform sport activities with tourism purposes, to conduct the studies necessary for the implementation of the Regulation and to conduct audits.

The board shall be set up in two stages. a) With respect to the applications filed by the travel agencies; the Board shall be composed of five persons, that is the Governor/Sub-Governor of the Province/District, Provincial Tourism Director/Tourism Advisory Director, Director of Youth and Sports and a representative of a travel agency to be determined by TÜRSAB and one expert depending on the nature of the activity subject to examination. a) With respect to the applications filed by the enterprises with tourism operation certificates; the Board shall be composed of five persons, that is the Governor/Sub-Governor of the Province/District, Provincial Tourism Director/Tourism Advisory Director, Director of Youth and Sports and a representative of a tourism enterprise to be determined by TÜRSAB and one expert depending on the nature of the activity subject to examination.

The Port Head or his designee shall attend the meetings in connection with the activities and events related with maritime affairs, as the expert.

3 The Governor/Sub-Governor shall act as the Chairman of the Board and the Provincial Tourism Director/Tourism Advisory Director shall act as the Deputy Chairman of the Board. The correspondence and secretarial works of the Board shall be performed by the staff of the Provincial Tourism Directorate/Tourism Advisory Directorate. The board shall be convened by the Chairman. The resolutions shall be made by a majority of the votes.

ELIGIBILITY CERTIFICATE

Article 11 - The application to be filed to obtain permission of the Ministry hereunder by those who want to perform sports tourism activities must include the Eligibility Certificate issued by the Sports Tourism Board.

The Eligibility Certificate shall be issued by the Provincial Tourism Directorate/Tourism Advisory Directorate.

The Eligibility Certificate shall be issued separately for each type of sports activity.

To obtain Eligibility Certificate, the following documents must be submitted to the Provincial Tourism Directorate or Tourism Advisory Directorate: a) Letter of application, b) Travel Agency Operation Certificate, c) The list indicating the duties to be performed by the personnel to be employed in sports activities with tourism purposes, certified copy of the hiring document submitted to the Social Insurance Institution or the copy of the list prepared by the Social Insurance Institution, d) The original or certified copy of the certificate of the personnel to be employed in sports activities, e) Instruction sheets of the materials and equipment to be used in the activity and the original or copy of the test certificates pertaining thereto, f) Originals or certified copies of the accident and financial liability insurance policies for the employees and the tourists attending the sport activity with tourism purposes, g) For the applications to be filed by the tourism enterprises with tourism certificates for the sports activities t be organized within the boundaries of their own facilities, tourism operation certificate instead of travel agency certificate.

The Sports Tourism Boards shall examine the application and issue Eligibility Certificates to the applicants who meet the requirements of this Regulation and other requirements to be announced by the Ministry pursuant to this Regulation.

The Ministry shall examine the permission applications of the Travel Agencies and shall issue the Sports Tourism Permission Certificate indicating the type of sports tourism activity and the course, to be valid for a maximum period of one year.

SECTION THREE

4 Duties, Responsibilities and Sanctions

OBLIGATIONS

Article 12 - Any changes pertaining to the matters included in the Eligibility Certificate shall be notified in writing to the Board in advance of the activity.

The agency shall keep a list of the attendants. Such lists shall be submitted to the Board when demanded by the Sports Tourism Board or the Ministry.

Any accidents that occur during the activity shall be immediately reported by the enterprise to the Board.

PROHIBITIONS

Article 13- Under the purposes this Regulation, the following acts are prohibited: a) To be engaged in sports tourism activities without permission, b) To be engaged in sports tourism activities of any type not stated in the permission certificate issued by the Ministry, c) To be engaged in sports tourism activities on any course other than the one announced by the Ministry, d) To be engaged in sports tourism activities with materials, equipment or personnel not included in the Eligibility Certificate issued by the Sports Tourism Board, e) To stay during nights within the boundaries of the villages which are in forests owned by the state or at 4 km distance to the forests or which are included in the scope of articles 31 and 32 of the Forest Law No. 6831 or in places other than the permitted accommodation sites, to set fire in places other than those permitted for this purpose or top leave the place without extinguishing the fire, to throw burning cigarettes or other matters that might cause fire to the forests.

The provisions of articles 83, 105 and 110 of the Forest Law No. 6831 as amended by the Law No. 4114 shall be applicable to those who do not comply with the prohibitions set forth in sub-clause (e).

CANCELLATION OF THE PERMISSION AND ELIGIBILITY CERTIFICATE

Article 14 - The permission certificates of the entities which violate any of the conditions set forth in article 13 hereof shall be cancelled by the Ministry and the eligibility certificates thereof shall be cancelled by the Sports Tourism Board.

Article 15 - Observance of the sport rules and other matters governing the sport events shall be audited by the agencies and entities authorized in such matters.

5 Sports activities with tourism purposes shall be audited by the Ministry and the Sports Tourism Boards.

The Board may have an officer in the areas where sports tourism events are held, should it deem necessary.

SECTION FOUR

Miscellaneous Provisions

SAFETY RULES

Article 16 - The persons who want to benefit from the sports tourism areas individually may perform sport activities without being subject to the provisions hereof but in accordance with the general safety rules of such activities provided that they have required licenses.

TRAINING

Article 17 - The Ministry shall ensure that training activities such as courses and seminars are organized to develop the types of sports subject to sport tourism activities and to train qualified staff in this field, jointly with the relevant entities at home and abroad.

LEGISLATION GOVERNING SPORT EVENTS

Article 18 - This Regulation shall be applied together with the legislation governing the applicable sport rules and the equipment to be used in the activities, in the organization of the sport events subject to tourism activities such as rafting, paragliding, hand gliding, underwater and water sports (with or without vehicles), riding, climbing, automobile and motor-cross, cave exploration and similar sports and other types of tourism that might be developed as variation in tourism activities.

SECTION FIVE

Final Provisions

EFFECTIVE DATE

Article 19 - This Regulation shall enter into force on the date it is published.

EXECUTION

Article 20 - This Regulation shall be executed by the Minister of Tourism.

ELIGIBILITY CERTIFICATE FOR SPORTS ACTIVITIES WITH TOURISM PURPOSES

6 Title of the Agency:

Address of the Agency:

Address of the Branch Office:

Type of the Sports Activity to be Organized by the Agency:

Duration of the Sports Activity to be Organized by the Agency:

Course on Which the Sports Activity is to be Organized:

...... List of the Materials Required for the Sports Activity:

......

The Sports Tourism Board or the Ministry has issued this Eligibility Certificate to the Travel Agency titles as ………………… For a period of one year as of the date of …………………..