Legal articles on reporting obligations
Reporting obligation for overnight guests from Switzerland
The provisions of the Basel-Stadt Law on the Hospitality Industry [GGG BS] (Systematic Compilation of Federal Legislation [SG] 563.100) apply to Swiss citizens.
The following sections are particularly noteworthy in this regard:
Section 10 Accommodation establishments
1 The permission to operate an accommodation establishment entitles the operator to host guests and provide them with food and beverages for consumption on the premises. It may be combined with authorisation to operate a restaurant.
2 The term “accommodation establishment” refers in particular to hotels of all types and guest houses with more than six beds.
Section 35 Guest monitoring
1 The accommodation establishments are obliged to complete a registration form for their guests truthfully and in full, or to have said form completed by the guests themselves. The registration forms must be made available to the police every day.
Section 41 Penalties
1 Anyone who wilfully or negligently violates the provisions of this Law, its implementing provisions or any rulings or decisions adopted on the basis thereof shall be liable to imprisonment and/or fines.
2 Articles 6 and 7 of the Federal Act on Administrative Criminal Law shall apply mutatis mutandis to offences under this Law.
Reporting obligation for overnight guests from abroad
In addition to the GGG, the Federal Act on Foreign Nationals and Integration [FNIA] (SR 142.20) and the associated Ordinance on Admission, Residence and Gainful Employment [VZAE] (SR 142.201) apply to the provision of accommodation to foreigners.
The following articles are particularly noteworthy in this regard:
Article 16 FNIA - Notification requirement in the case of commercial accommodation
Any person who accommodates foreign nationals for commercial gain must provide the competent cantonal authority with their particulars.
Article 18 VZAE - Registration procedure in the event of commercial accommodation
1 Anyone who provides accommodation to a foreign national in return for payment is obliged to complete a registration form in accordance with the details on the identity document and have it signed by the person being accommodated. The person being accommodated must present their ID documents for this purpose. The registration form must be submitted to the responsible cantonal authority.
2 In the case of groups, registration is performed based on a list signed by the responsible tour manager.
Article 120 FNIA - Further Offences
1 Any person who wilfully or through negligence:
a. violates the requirements to register and give notice of departure (Art. 10–16);
is liable on conviction to a fine.
Ordinance on City Tax
Information on the city tax can be found in Ordinance 650.10.
Ordinance on the Implementation of Federal Statistical Surveys (Statistics Survey Ordinance) 431.012.1:
List of statistical surveys
44. Accommodation statistics
Survey body: Swiss Federal Office for Statistics
Subject matter of survey: Arrivals and overnight stays of guests based on country of origin, accommodation capacity and average revenue per night
Type of survey and survey method: Full survey of owners and managers of the establishments; link to data of the Business and Enterprise Register (BUR)
Respondents: Owners and managers of hotels, health spa facilities, campsites and caravan sites
Obligation to provide information: Mandatory
Time of the survey: From January 2005
Frequency: Monthly
Participants in survey implementation: Cantons, tourist associations
Note
Please note that the above texts are only extracts of the law. The list does not claim to be complete. The accommodation establishments are responsible for providing information and ensuring the corresponding implementation.