Corona Access Certificate remains

On 6 October 2021, the preliminary relief judge in The Hague ruled that the measure on the Corona Access Certificate (in Dutch: coronatoegangsbewijs) may be applied. This judgement was passed in a case against the State in which the claimant requested in summary proceedings that the implementation of the Corona Access Certificate is put on hold until the judgement on the merits. The preliminary relief judge ruled, in short, that there is a legal basis for the measure and that the Corona Access Certificate serves a legitimate purpose and does not violate the principle of non-discrimination, nor does it constitute a disproportionate breach of other fundamental and/or human rights. The Corona Access Certificate will thus remain.

How does the Corona Access Certificate affect the hotel industry? 

As of 25 September, the Corona Access Certificate is mandatory for entrance at restaurants, bars, cafes and other hospitality venues except for lodging establishments. Hotel guest are as such exempted from this requirement for their stay at a hotel.  

However, should hotel guests want to make use of the F&B facilities located at the hotel, they need to show their Corona Access Certificate. This also counts if guests want to enjoy breakfast at the hotel or use the hotel as a meeting venue only (a meeting is then considered as an event for which the corona-pass requirement applies). Only for take-out and room service are guests exempted from the Corona Access Certificate requirements.

Is it possible for hotel guests to avoid the requirement to show their Corona Access Certificate?

Should anyone wish to avoid this while staying at a hotel, it is recommended to make use of in room F&B services only.

Difficulties in practice for hotel operators

Assuming that most guests do make use of a breakfast buffet or other form of F&B facility, effectively the hotel staff is obliged to check the guest's Corona Access Certificate at some time during a guest's stay. 

This brings us to the following question: when should the hotel perform the check on the corona-pass of their hotel guests?

The check can be done at the reception at the check-in, but guests can refuse this as they could argue that they only intend to sleep at the hotel and do not wish to make use of any F&B facilities. It would be more practical to perform the check when the guest is seated at a table in a F&B facility. This may make it a bit easier for hotels to deal with this requirement. 

Other questions that may arise are: 

• How to deal with guests who are not willing to cooperate (especially in light of the fact that the risk for penalties is borne by the hotel operator)?  
• What to do when the guest is willing to cooperate, but it appears that the Corona Access Certificate is (no longer) valid or not working properly (in particular when such guest is in principle able to show a valid Corona Access Certificate, but is not able to do so due to technical difficulties or lapse of time)?

Communication is key in this respect. To minimize these issues, it is important to have a clear hotel protocol on how to conduct the checks and deal with any last minute issues or questions that come up from hotel guests. 

The (future) hotel guests should also clearly and timely be informed of the hotel's protocol and the government requirements. This could for example be listed on the hotel website and included in the booking confirmation. In addition, at the hotel guests could again be informed of the requirements at check-in and provided with a print out of the rules that apply. 

In short, the Corona Access Certificate is here to stay. Whenever a guest wishes to enjoy foods and drinks outside of their room at a hotel, their Corona Access Certificate should be checked. It is most practical to request this from guests once they actually make use of the F&B facilities (or attend a meeting at the conference rooms). In order to cater for a smooth process, it is recommended to clearly communicate the hotel's rules and procedures with respect to the Corona Access Certificates with the guests and to inform them about the government requirements.

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