For companies operating hotels, motels, guesthouses and other accommodation facilities in Türkiye, the Tourism Operation Certificate (Turizm İşletmesi Belgesi) is not merely a quality or classification certificate held by the business. The certification process is directly related to the facility’s operating licence, the legal status of the property, its scope of activity, its physical characteristics and the business’s compliance with applicable legislation.

 

In particular, the increasing inspections of accommodation facilities in recent years, together with stricter sanctions concerning the online advertising, marketing and sale of accommodation facilities operating without the required certificate, have made legal compliance even more important for hotel businesses.

 

So, how can a hotel obtain a Tourism Operation Certificate? Which documents are required for the application? Is an Opening and Operating Licence (İşyeri Açma ve Çalışma Ruhsatı) sufficient? Can reservations be accepted through Booking, a website or social media without obtaining the certificate?

 

What Is a Tourism Operation Certificate?

 

The Tourism Operation Certificate is a certificate issued by the Ministry of Culture and Tourism to tourism facilities whose investment has been completed and which have commenced operations.

 

In order for the certificate to be issued, the facility must meet the minimum requirements prescribed under the applicable legislation in terms of the type and category of facility for which certification is requested. According to the Ministry’s current information, in certain circumstances, investors may apply directly for a Tourism Operation Certificate without first obtaining a Tourism Investment Certificate (Turizm Yatırımı Belgesi).

 

Therefore, the process is not the same for every hotel. First, it must be determined under which category the facility falls and under which category it is intended to be certified, such as:

 

Hotel,

Motel,

Guesthouse,

Aparthotel,

Special accommodation facility.

 

Is Obtaining a Tourism Operation Certificate Mandatory for Hotels?

 

For accommodation businesses, the certificate should not be regarded merely as an optional classification procedure.

 

Under Law No. 2634 on the Encouragement of Tourism, accommodation facilities are required to obtain a tourism operation certificate from the Ministry.

 

Indeed, the Ministry of Culture and Tourism’s current strategic plan expressly states that the certification of accommodation facilities is mandatory under Law No. 2634 and that inspections of facilities operating without the required certificate will continue.

 

There is an important distinction to be made here:

 

An Opening and Operating Licence and a Tourism Operation Certificate are not the same document.

 

The fact that a facility has obtained an Opening and Operating Licence from the municipality does not, by itself, mean that it has fulfilled all of its obligations under tourism legislation.

 

First Step in Obtaining a Tourism Operation Certificate: Reviewing the Legal Status of the Facility

 

Before applying for a certificate for a hotel, merely completing the application form is not sufficient.

 

The legal infrastructure of the facility should first be reviewed.

 

In particular:

 

1.Opening and Operating Licence

 

The facility must have a valid Opening and Operating Licence that reflects its current status. The Ministry’s current application page states that temporary licences are not accepted for Tourism Operation Certificate applications.

 

2.Legal Status of the Property

 

The title deed records relating to the property where the facility is located and the legal basis for the facility’s use of the property should be reviewed.

 

3.Scope of the Company’s Activities

 

Where the application is made on behalf of a company, it is important to ensure that the company’s trade registry records, MERSİS information and registered scope of activity are compatible with the nature of the facility.

 

4.Physical Characteristics of the Facility

 

The hotel’s number of rooms, common areas, technical characteristics, safety requirements and other mandatory features must comply with the requirements applicable to the requested type and category of facility.

 

5.Other Permits and Documents

 

Depending on the nature of the facility, a sustainability certificate, music licence or other specific documents may also need to be included in the application file. The Ministry’s current guidance indicates that mandatory certificates and documents may additionally be required for certain applications.

 

How Is a Tourism Operation Certificate Application Made?

 

Under the current procedure, applications for tourism certification are submitted through e-Government (e-Devlet).

 

The Ministry of Culture and Tourism states that, as of 1 September 2019, applications for tourism certificates have been accepted exclusively through e-Government. There is no need to submit a separate physical petition.

 

The general process is as follows:

 

1.The type and category of the facility are determined.

 

It is determined under which type and category the business will be certified.

 

2.The facility’s compliance with applicable legislation is reviewed.

 

The physical characteristics of the facility are compared with the minimum requirements prescribed by the relevant regulation.

 

3.Licence and property documents are prepared.

 

The Opening and Operating Licence, title deed and other required documents are prepared.

 

4.Company documents are prepared.

 

For legal entities, the signature circular, trade registry information and other required company documents are included in the application file.

 

5.The application is submitted through e-Government.

 

The application form is completed through the system and the required documents are uploaded electronically.

 

6.The application is reviewed by the Ministry.

 

The Ministry assesses whether the application complies with the applicable legislation and whether the facility meets the requirements for the requested type and category.

 

7.The inspection and classification process is carried out.

 

Applications deemed eligible may be included in the inspection and classification programme. If the assessment is concluded positively, the Tourism Operation Certificate is issued.

 

Which Documents Are Required for the Application?

 

Although the documents required may vary depending on the type of certificate and the nature of the facility, according to the Ministry’s current guidance, Tourism Operation Certificate applications generally involve:

 

The application form generated through e-Government,

A valid Opening and Operating Licence,

The title deed record relating to the property,

Identification/trade registry information concerning the individual or legal entity,

Tax registry information,

UETS address,

Other documents required depending on the nature of the facility.

 

Since additional documents may be requested depending on the characteristics of the facility and the application, it is safer to conduct a legal and administrative review specific to the facility before applying rather than relying on a standard document checklist.

 

Can a Hotel Be Advertised Online Before Obtaining a Tourism Operation Certificate?

 

This issue is particularly important for hotel businesses.

 

The fact that the certification process is ongoing does not mean that the facility may automatically be advertised electronically.

 

Under the amendments introduced to Article 33 of Law No. 2634 on the Encouragement of Tourism by Law No. 7565, sanctions have been established concerning advertisements made for the purpose of promoting, marketing and selling accommodation facilities that do not hold a Tourism Operation Certificate.

 

Accordingly, separate legal assessments may be required with regard to:

 

Reservation platforms such as Booking,

Online room sales systems,

The business’s own website,

Social media accounts,

Online advertisements.

 

In particular, while the facility does not yet have a Tourism Operation Certificate, the use of sales-oriented content such as “Make a reservation,” “View room rates” or “Online booking” may create significant legal risks.

 

In one of our files, the administration also warned an accommodation business that had an Opening and Operating Licence but had not yet obtained a Tourism Operation Certificate that, while a period was granted to obtain the certificate, advertisements for the purpose of online promotion, marketing and sales could also give rise to legal consequences.

 

Are There Penalties for Advertising an Uncertified Hotel?

 

Yes. Article 33 of Law No. 2634 on the Encouragement of Tourism provides for a specific sanction mechanism concerning the electronic promotion, marketing and sale of accommodation businesses operating without the required certificate.

 

The law provides for administrative fines on a per-advertisement basis. Therefore, not only the physical location where the hotel operates, but also its online advertisements must be reviewed from a legal perspective.

 

In addition to administrative fines, under certain circumstances, measures such as the removal of the relevant online content and blocking access to it may also arise.

 

Therefore, the approach of:

 

“We have submitted our certificate application, so we can continue accepting online reservations until the certificate is issued.”

 

is not a safe approach.

 

Submitting an application for certification does not automatically mean that the business has become a “Tourism Operation Certified” facility.

 

Why Is Obtaining a Tourism Operation Certificate a Legal Consultancy Matter for Companies?

 

For hotel businesses, legal risks do not arise only when litigation is initiated or a contract needs to be prepared.

 

In many cases, the primary risk arises from failing to carry out adequate legal and administrative checks before the business commences operations or while it continues to operate.

 

For example:

 

Is the company’s registered scope of activity compatible with the facility’s actual activities?

Is there any discrepancy between the use registered in the title deed and the actual use of the property?

Does the Opening and Operating Licence reflect the current status of the facility?

Does the lease agreement contain provisions permitting the operation of a hotel at the leased property?

Does the facility meet the physical requirements necessary for obtaining a Tourism Operation Certificate?

Is the company’s website compliant with the applicable legislation?

Are the details provided on Booking, Airbnb and other platforms accurate?

Is the facility advertising or accepting reservations without a certificate number?

Are the contracts entered into by the company with its employees, suppliers and agencies adequate?

Are the reservation and cancellation terms used by the facility compliant with consumer protection legislation?

 

Have changes in the nature or characteristics of the facility occurring after certification been notified to the Ministry?

 

All of these matters form part of legal risk management for a company.

 

For this reason, particularly for hotels, aparthotels, guesthouses, tourism companies and other accommodation businesses, regular legal compliance reviews both before commencing operations and throughout the operation of the business are important in terms of preventing potential administrative sanctions, contractual disputes and operational risks.

 

Conclusion: Certification for Hotel Businesses Is a Compliance Process, Not Merely an “Application”

 

For a hotel seeking to obtain a Tourism Operation Certificate, submitting an application through e-Government alone is not sufficient.

 

Licence → Property → Company → Physical requirements of the facility → Tourism legislation → Advertisements and listings → Contracts → Business operations

 

must be assessed as a whole.

 

Especially at a time when sanctions concerning the electronic promotion and sale of uncertified accommodation facilities have become increasingly significant, hotel businesses should not only focus on the certification application but also ensure that all aspects of their operations are legally secured.

 

If you operate a company in the tourism sector and would like your certification, licensing, contractual and operational processes to be assessed from a legal perspective, you may contact Uzunpınar & Tüfek Law Firm.