In more detail
On 17 September 2025, the Ministry of Tourism Ordinance No. 28/2025 was published, regulating Art. 23, §6 of Law No. 11,771/2008 ("General Tourism Law"). The rule establishes the minimum operating procedures to be observed by lodging establishments with regard to the entry and exit of guests, with emphasis on the following points:
- Daily rate period: The daily rate corresponds to a 24-hour period, as defined by law.
- Check-in and check-out times: These must be determined by the lodging establishment, taking into consideration the time required to clean, sanitize, and prepare the accommodation unit.
- Cleaning time: The time allocated for cleaning, sanitizing, and preparing the accommodation must be included in the daily rate and shall not exceed three hours.
- Differentiated rates: Lodging establishments may apply differentiated rates for exceptional room use (such as early check-in or late check-out), provided that the terms are communicated to the guests in advance and do not compromise the delivery of mandatory services.
- Duty of information: Lodging establishments (and any intermediaries) must inform guests, at a minimum, of the designated check-in and check-out times, as well as the estimated duration required to clean and prepare the unit.
- Minimum services during the stay: Lodging establishments must provide housekeeping and cleaning services, including full sanitization and the replacement of bed linen and towels, at a frequency compatible with the establishment’s operational standards.
- Waiver of services: Guests may opt out of housekeeping and cleaning services by expressly stating their preference. In such cases, their privacy must be respected, and sanitary and safety conditions must still be ensured.
- Supervision: The Ministry of Tourism and its delegates will be responsible for supervising and applying sanctions, in accordance with current legislation.
- Duration: The ordinance came into force on 17 September 2025.
In a follow-up publication issued by the Ministry of Tourism's Communications Office on 26 September 2025, it was clarified that Ordinance No. 28/2025 is intended to enhance transparency in consumer relations and standardize service delivery within the lodging sector. According to the press release, the ordinance reinforces provisions already established under the General Tourism Law, introducing clear guidelines on the duration of daily rates, minimum housekeeping requirements, and the duty to inform guests.
The ordinance applies to all lodging establishments registered with the Ministry of Tourism, including hotels, inns, resorts, hostels, apartments, and apartment-hotels. However, it does not cover residential properties rented through digital platforms, such as Airbnb and Booking.
The advisory clarified that the ordinance does not impose fixed check-in and check-out times. Instead, it allows each establishment to define and communicate these times clearly and transparently at the time of booking. It was also emphasized that while the daily rate covers a 24-hour period, up to three hours may be allocated for cleaning and preparation of the room, at no extra cost to the guest.
Finally, the Ministry of Tourism emphasized that the agency itself will be responsible for monitoring compliance with the new rules and will be able to initiate administrative proceedings and impose penalties in the event of non-compliance, always ensuring that service providers are given the right to an adversarial hearing and a full defense.
With so many changes and new requirements brought about by Ordinance No. 28/2025, it is essential that hospitality professionals and managers are aware of the details and practical impacts of these regulations. A clear understanding of the obligations, consumer rights, and compliance opportunities is essential, not only for ensuring regulatory adherence and mitigating risks, but also for enhancing the overall guest experience.
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