Publication date: 10.07.2024
Liability for violation of the rules for the provision of hotel services
Hotel services are an important component of the hospitality industry, providing comfortable accommodation and service to guests. Compliance of hotel services with the established standards is critical to ensure customer satisfaction and the safety of their stay. Violation of the rules for the provision of hotel services can lead to serious consequences, including material damage, personal injury and reputational losses. Ukrainian legislation provides for various types of liability for hotels and their employees in case of violation of the established rules. In this article, we will consider the main aspects of liability for violation of the rules for the provision of hotel services, the regulatory framework, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
The provision of hotel services in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Tourism":
- Defines the legal, organisational and social framework for tourism activities, including hotel services, and establishes requirements for tourism entities and their responsibilities.
Law of Ukraine "On Consumer Protection":
- The main law regulating the protection of consumer rights, including those of hotel clients, establishes consumer rights, obligations of service providers, and the procedure for handling complaints and resolving consumer disputes.
Law of Ukraine "On Licensing of Economic Activities":
- Regulates the licensing of hotel activities, establishes requirements for hotel establishments and mechanisms for controlling their activities.
Law of Ukraine "On Ensuring Sanitary and Epidemiological Welfare of the Population":
- Establishes requirements for sanitary and epidemiological control in hotels, and the rights of consumers to safe living conditions.
TheLaw of Ukraine "On the Basic Principles of State Supervision (Control) in the Field of Economic Activity":
- Sets out the procedure for state supervision and control over compliance by business entities with legal requirements.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between consumers and hotel establishments, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Labour Code of Ukraine (Labour Code):
- Regulates labour issues in the hospitality industry, establishes the rights and obligations of employers and employees.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for the Provision of Hotel Services":
- Determines the procedure for the provision of hotel services, sets out requirements for the quality of services, rights and obligations of suppliers and consumers.
Major violations of the rules for the provision of hotel services
The main violations of the rules for the provision of hotel services may include:
Inadequate quality of services:
- Provision of services that do not meet the established quality standards, technical and sanitary standards.
Breach ofcontract:
- Failure to comply with the terms of the contract between the client and the hotel, including the timing of service provision, scope and quality of service.
Violation ofconsumer rights:
- Refusal to provide information about services, deception regarding the quality or cost of services, failure to fulfil warranty obligations.
Failure to complywith safety rules:
- Violation of security requirements in the hotel, which can lead to injury or other dangerous situations for customers.
Violation of confidentiality and data protection:
- Improper storage or processing of personal data of customers, breach of confidentiality of information about accommodation.
Unlawful charging of fees:
- Charging for services that have not been provided or overcharging for services without proper justification.
Violation of sanitary standards:
- Failure to comply with sanitary and hygienic standards in the hotel premises, which may lead to a deterioration in the health of customers.
Types of liability for violation of the rules for the provision of hotel services
Violations of the rules for the provision of hotel services may result in various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of consumer protection laws, non-compliance with quality standards, violations of customer rights and other administrative offences. Sanctions may include fines, warnings, and temporary suspension of the hotel's operations.
Civil liability:
- Civil liability arises in the event of material or moral damage to customers as a result of improper provision of hotel services. Customers have the right to claim damages through the courts. Liability may include compensation for material damage (cost of improperly provided services, medical expenses, etc.) and non-pecuniary damage (humiliation, mental stress).
Criminal liability:
- Criminal liability is incurred for committing crimes such as fraud, illegal storage or processing of personal data, and violations of security rules that resulted in serious consequences for the health or life of clients. Sanctions may include fines, imprisonment, and prohibition to engage in certain activities.
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