PUBLIC TRANSPORTATION ON CURACAO
Public transportation in the tourism industry
Curacao is an increasingly popular tourist destination. As in many other tourist destinations, travel agencies and hotels offer various transportation services for tourists. Also, supermarkets, restaurants, car rental agencies or hotels, have started to offer (complimentary) transportation services for tourists.
According to the Island Decree on public transportation, it is required to have a permit for the public transportation of people or groups. The law prescribes that (arranging for) unauthorized public transportation is punishable by a penalty of Naf 2.500 or a 30-day imprisonment. The background of these regulations is basically to protect the government-owned public transportation system and the taxi-industry. Since the transportation services for tourists described above are of a public nature, it is in principle required to have a permit to perform these services.
A specific permit may be given for the transportation of a touristic nature by bus or touring car. Several travel or transport agencies operate under such a permit. The question is what “transportation of a touristic nature” means. Does this mean that it is allowed to transport tourists to and from the airport, restaurants or shops?
Some of these questions have been answered in case law. Concerning the airport pickups it has been held by the Courts that the “transportation of a touristic nature” means that the entity holding such permit will be allowed to transport persons from the airport to their hotel provided that this transport is part of a package deal. According to statutory laws a package deal means that the tourist must have a pre-arranged booking by an agency abroad which must include at least accommodation (or a 24 hour stay) and transportation or another touristic activity (such as an island tour).
The Courts have furthermore held that “The touristic nature (…) is apparent from the fact that upon arrival, the tourists are being transported in fairly large groups under supervision of a tour guide who is responsible for the tourists, so that the transport from the airport to the hotels can be considered a touristic activity.” And: “The nature of this kind of transportation clearly differs from the situation where tourists can decide individually upon arrival to take a taxi or to choose to be transported by touring car on the basis of a fee which is then payable on the spot”.
It has furthermore been decided in case law that a free shuttle service to and from a car rental agency is not allowed. Other forms of transportation of tourist have not yet been dealt with in case law.
In any event it is of course possible to obtain a specific exemption for the transportation of tourists. Some hotels for instance are allowed to transport guests to and from Willemstad downtown twice daily. It is possible that the government has decided or will decide to grant other exemptions in order to facilitate tourists and promote the tourism industry on the island.
Annemarijke Bach Kolling
Attorney / Partner – Spigthoff Curacao
(25 July 2010)
.
