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Maldives offers resort construction period extension over virus disruptions

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Many a developer involved in the construction of Maldives resort properties recently suffered project delays due to Covid-19 related lockdowns, shutdowns and interruptions.

More often than not, construction and development of a tourist resort happens with a combination of certain key factors: money, resources and time.

Any unwelcome time lags in the construction of a resort can affect the developer in many ways. It may result in breach of the construction permit, increased project costs, deterioration in workmanship, claims for compensation, renewal of permits – all having a degree of financial overlay.

It is not disputed that a Covid-style lockdown like the one we experienced recently would have resulted in cost increases with regard to labour material and equipment directly contributing to expanded field overheads.

It would have affected the ability to mobilise adequate manpower due to glitches in submitting documentation, seeking timely approvals and transporting them. It would have affected the timely import of materials, clearance and transportation of goods to locations due to interruption caused to supply chains. It would have also caused a series of concurrent delays where one component when held up has a cascade effect on rest of the components of the project.

Some of these developers who were affected by the lockdown communicated their concerns to the ministry of tourism. As a matter of relief, they requested that the construction period be extended to accommodate lost time.

The government seems to have appreciated their concerns in an amendment it brought out on June 22 to the Construction Period Extension Regulations.

The amendment enabled developers to apply for an extension of the construction period by an amount commensurate to time lost due to restrictions imposed or suffered pursuant to the public health emergency in effect since March.

According to this recent policy intervention, the developer in applying for relief should describe the delays encountered by the project due to restrictions imposed; define the period lost from the construction period; and provide documentation to support the claim.

On review of the application, if the ministry of tourism is convinced that delays did occur to the project and those delays are attributed to actions taken pursuant to the emergency (including lockdowns and shutdowns), the period lost from the construction period would be reimbursed in the form of an extension to the construction period. This extension will not attract a fee payment.

It may be noted that the construction period extensions provided in exchange for Covid-related disruptions would only entitle the developer for a commensurate extension of the construction period to accommodate time lags. This extension will not change the total lease period of the property.

The relief provided by this policy is limited to two things: the fact of reimbursement of time lost from the construction period, and this extension being granted without a fee.

This new rule is significant for a key reason: the lease agreement ordinarily provides the first 36 months of the tourism lease as a rent free period to develop the resort property. This is the three-year construction period.

Often times, the development of the property is not completed during that construction period for a host of reasons including insufficient or lack of funding, variations, changes to design drawings, and all sorts of other delays attributed to the supply chain. In these circumstances, an extension is invariably sought.

Extensions are generally granted to the construction period on application and payment of a prescribed fee. The fee is calculated at a base rate, charged on a per month basis, and prescribed in the regulations. The fee is applicable for each month of extension added to the construction period.

In consideration of this fact, the lease rent that would otherwise be levied from the end of the initial 36-month construction period (and applicable even during extensions) is deferred to be paid at a later date.

The key takeaway from this recent amendment is that qualifying applicants would be able to gain at least one to three months of extension to their current construction period, without the need for payment of an otherwise payable monthly fee.

Note: This article has been reproduced and adapted to fit our publishing guidelines with permission from its author: Nasheed & Co., a commercial law firm in the Maldives. The original article can be viewed here.

Events

Maldives Association of Tourism Industry (MATI) holds its 34th Annual General Meeting

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The Maldives Association of Tourism Industry (MATI) held its 34th Annual General Meeting at Kurumba Maldives today, with a total of 100 members in attendance. 

The day’s events began with a welcome address from the Chairman of MATI, Mr. Mohamed Umar, who also presided over the session. The agenda included an address from the Secretary General, Mr. Ahmed Nazeer, the review and approval of the minutes of the 33rd AGM, the review and adoption of the Annual Report and Financial Reports for 2023, the approval of the 2024 budget, the appointment of auditors for 2024, the welcoming of new members and election of executive board members to the two vacant positions (by-election).

In the member discussion session, the following topics were covered: the Government’s aim to reach net-zero emissions by 2023 and renewable energy generation in the Tourism Industry, new terminal of Velana International Airport and developments, employment challenges, the Industrial Relations Act and trade unions, environmental conservation and the significance of creating and executing efficient management plans for protected areas like the South Ari Marine Protected Area (SAMPA).

Following the official proceedings, the Minister of Tourism Hon. Ibrahim Faisal and the Minister of Economic Development and Trade Hon. Mohamed Saeed joined the forum. The Ministers provided remarks and engaged in a Member Q&A session. This session provided members with the chance to directly engage with the Ministers and delve into crucial industry topics. The queries focused on the Economic Outlook, forthcoming development plans and  immediate challenges and issues affecting the Tourism Industry.

A video presentation was also showcased that delved into the extensive work undertaken by MATI in 2023. The video also touched upon the Tourism Industry’s performance over the past 5 years, as well as the current and projected human resource capacity of the sector.

In his closing remarks, the Secretary General highlighted the importance of collaborative efforts in addressing industry challenges and called for greater unison amongst industry stakeholders, ending with an acknowledgement of the promising start to the year in terms of arrivals.

Executive Board Members elected to the 2 vacant positions (by-election):

  1. Ibrahim Shareef, CEO and Managing Director of Maldives Airports Company Limited
  2. Renato De Olivera, General Manager of The Ritz-Carlton Maldives, Fari Islands and representative of Marriott International
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Business

Unlocking power of travel storytelling at Travel Creators Exchange 2024

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Join us for the Travel Creators Exchange 2024, taking place on February 1, 2024, at the Hotel Jen in Male’, Maldives.

This dynamic event provides a platform for networking and collaboration among Maldives-based travel creators, fostering connections, idea-sharing, and the establishment of lasting partnerships to expand opportunities and monetise content.

Our lineup of distinguished speakers includes:

  • Zihuny Rasheed, Deputy Managing Director of MMPRC, will present on “Power of Digital Storytelling: Collaborative Strategies for Destination Promotion.” MMPRC actively markets the Maldives globally, utilising a comprehensive approach that includes travel trade shows, roadshows, digital marketing, and more.
  • Amjad Thaufeeg, Commercial Director of Kuda Villingili Maldives Resort, brings over 23 years of hospitality industry experience. He will discuss “The Role of Content in Tourism Marketing,” drawing on expertise in revenue, customer service, sales & marketing, and human capital development.
  • Suresh Dissanayake, Assistant Vice President of Sales & Marketing of Heritance Aarah & Adaaran Resorts, with nearly two decades of experience, will shed light on “What does a Sales and Marketing Director Do?” He brings extensive luxury hospitality experience and a proven track record in sales, distribution, and marketing.
  • Vishal Amir Ahmed, a versatile cinematographer and content creator, will explore “Who is a Content Creator.” Currently associated with Various Arts Studio, he specialises in providing multimedia solutions to various clients.

Organised by Maldives Insider, Maldives Virtual Tour, Travel Trade Maldives, and Hotelier Maldives, this collaborative effort aims to empower Maldives-based travel content creators and elevate the Maldives as a premier destination for captivating travel storytelling.

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Acclaimed contemporary artist Ana Pušica explores perpetuality and community at Patina Maldives

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Ana Pušica Kramer, an internationally  acclaimed contemporary artist, joins Patina Maldives for an exclusive  art residency in the now infamous Fari Art Atelier. From January 22 to  February 22, 2024, Ana Pušica will grace the shores of the Fari Islands,  weaving a vibrant narrative of colour and emotion across her larger  than-life canvases. 

Her artistry transcends boundaries, melding abstraction and figuration into awe-inspiring masterpieces. Having exhibited globally, from New York to Beijing, Ana’s paintings are a physical, intuitive act rooted in movement.  Described as a “beautiful fluorescent thunderstorm,” Ana’s art explores light and colour, capturing the energy of life itself. 

The Fari Art Atelier which has previously hosted the likes of Daniel Arsham, Chris Stamp and David Nott, will be transformed into Ana’s studio and gallery showcasing her enthralling artworks—a mesmerising journey through poetry, memory, and the vibrant interplay of colour. Guests at Patina are invited to delve into Ana’s world, where each stroke reveals layers of meaning, evoking sensations of intense lightness and boundless interpretation. 

At Patina Maldives, Ana will immerse herself in a month-long residency, inviting the Patina Malidves community or guests and team to witness her artistic fervour firsthand. Guests will have the rare opportunity not only to observe her creative process but also to engage with and create art alongside this luminary.

Experience artistry at its most exclusive

Art Exhibition
Experience Ana’s captivating exploration of colour and emotion in her spellbinding artworks displayed at the Fari Atelier.

Art Workshops: Message in a Bottle
As part of a collaborative artwork, Ana invites Patina guests to participate in short workshops, actively contributing to the creation of a permanent installation at Patina Maldives.

Open Studio Session
Join Ana for an exclusive open studio session, offering guests a behind the-scenes look at her creative process.

Ana Pušica residency package
Discover a world where creativity knows no bounds as Ana Pušica, the maestro of contemporary art, transforms Patina Maldives into an immersive canvas of inspiration.

Book now to secure your experience.
For more information and reservations, please visit Patina Maldives or contact
reservations.maldives@patinahotels.com

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