Publication date: 10.07.2024
Consumer protection in the hotel industry
The hotel business plays an important role in ensuring the comfort and safety of travellers, tourists and business people. At the same time, consumers of hotel services have the right to proper quality and safety during their stay in hotels. Ukrainian legislation provides for a range of measures to protect consumer rights in the hotel industry. In this article, we will consider the main aspects of consumer protection in the hotel business, the regulatory framework, consumer rights, protection mechanisms and the procedure for appealing against violations.
Legal and regulatory framework
Consumer protection in the hotel industry in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Protection of Consumer Rights":
- The main law defining the legal framework for consumer protection, establishing consumer rights, obligations of service providers, and the procedure for complaints and consumer dispute resolution.
Law of Ukraine "On Tourism":
- Defines the legal, organisational and social framework for tourism activities, including hotel services, and sets out requirements for tourism entities and their responsibilities.
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.
Law of Ukraine "On Advertising":
- Defines the legal framework for advertising hotel services and sets requirements for advertising materials used in this area.
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.
Basic consumer rights in the hotel industry
The main consumer rights in the hotel industry, as defined by Ukrainian law, include:
Theright to safe and quality services:
- Consumers have the right to receive safe and quality hotel services that meet established standards and regulations.
Theright to information:
- Consumers have the right to complete and accurate information about services, including information about accommodation conditions, prices, additional services and other important aspects.
The right tochoose:
- Consumers have the right to freely choose the hotel facilities and services offered on the market. Service providers have no right to impose services on consumers that they do not need.
Theright to compensation for damages:
- In the event of improper provision of hotel services, consumers have the right to compensation for damages, including compensation for material and non-pecuniary damage.
The right to apply to thecourt and other consumer protection authorities:
- Consumers have the right to apply to courts, consumer protection authorities and human rights organisations to protect their rights.
Theright to safety and health protection:
- Consumers have the right to protect their life and health from unsafe or harmful conditions in hotels.
Consumer protection mechanisms
Ukrainian legislation provides for several mechanisms for consumer protection in the hotel industry:
Appealing to the hotel establishment:
- In the event of defects or inconsistencies in the services provided, consumers have the right to apply directly to the hotel establishment to have the violations remedied, services replaced, the cost reduced or money refunded.
Appealto consumer protection authorities:
- Consumers may file a complaint with the State Service of Ukraine on Food Safety and Consumer Protection or other competent authorities to protect their rights. Consumer protection authorities review complaints, inspect the activities of hotel establishments, and apply enforcement measures in case of violations.
Judicialprotection:
- Consumers have the right to file lawsuits to protect their rights, including claims for damages, compensation for non-pecuniary damage, and an obligation to remedy violations.
Pre-trial dispute resolution:
- The legislation provides for the possibility of pre-trial settlement of disputes between consumers and hotel establishments, including mediation, arbitration and other forms of alternative dispute resolution.
Recourseto human rights organisations:
- Consumers can turn to human rights organisations and lawyers to protect their rights and interests.
Procedure for appealing against violations of consumer rights
In the event of a violation of consumer rights in the hotel industry, consumers have the right to appeal against such violations in accordance with the established procedure:
Appealto the hotel establishment:
- The first step is to address the hotel establishment with a request to eliminate the violations. The appeal may be submitted in writing, stating the circumstances of the violation, the consumer's requirements and evidence (receipts, photos, testimonies, etc.).
Filing acomplaint with consumer protection authorities:
- If the appeal to the hotel establishment has not yielded any results, the consumer may file a complaint with the State Service of Ukraine on Food Safety and Consumer Protection or another competent authority. The complaint must contain a detailed description of the violation, evidence and the consumer's demands.
Appeal to the court:
- If the complaint is not resolved by the competent authorities or if the consumer wishes to obtain damages, he or she may file a lawsuit to protect his or her rights. In court, evidence is examined, witnesses are heard, and examinations are conducted to establish the circumstances of the case.
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