4.10 Tourism

C. Legal Requirements

Tourist Agents Licensing Act, 2/69

This Act establishes the requirement that all tour operators must be licensed to carry on business in Tanzania Operation without a license is punishable with a fine of up to 20,000 Tsh. and/or two years imprisonment. Government tour operators are excluded from these requirements.

Tourist agents include: "A travel agent or tour operator or any person who for reward undertakes to provide for tourists and other members of the public in relation to tours and travel within or outside Tanzania, transport, whether by air, sea, railway or road (including procuration of tickets), accommodation, professional advice on tourism and other travel matters relating to tourism, and also includes any person who for reward operates as an agent of a transporter for the purpose of soliciting custom for such transporter." Tourist agents do not include hotel operators, who are covered under the Hotel Ordinance.

No provisions of the Act stipulate what conditions shall be contained in licenses for tourist operators.

However, the Minister may make regulations regarding activities of tour operators in order to maintain a high standard in the tourist industry (§20 (f)) and may also stipulate the types of conditions to be attached to licenses. Violations of license conditions and other provisions of the act (unless otherwise specified in the Act) can result in a Tsh. 5,000 fine and/or 1 year imprisonment. Also, the Minister has the authority to revoke a license at any time.

Tourist Agents (Licensing) Regulations were issued in 1969 (GN No. 34/1969). Tourist agents businesses are categorized in the Third Schedule to the regulations as Class "A" or Class "B" and must apply to the Tourist Agents Licensing Authority for a license. A copy of the license for operation is included in the Second Schedule.

New regulations for conditions on licenses are proposed for 1995, and these regulations are utilised in practice. The regulations cover conditions for licensing of Tour Operator/Car Hire companies, Car Hire companies, Travel Agent companies, Hunting Safari companies and tour guides. While no explicit environmental conditions are included in these regulations, the license for operation, section 4, may include special conditions pertaining to environment and its care.Official representatives of TALA confirmed that conditions of this nature are sometimes imposed.