Publication date: 10.07.2024
Liability for violation of the rules for the provision of tourist services
The tourism industry is one of the fastest growing sectors of the economy, combining a variety of activities, including hotel, transport, excursion, entertainment and many others. At the same time, ensuring the quality of tourism services and consumer rights are critical to the sustainable development of the industry. Ukrainian legislation provides for liability for business entities for violating the rules for the provision of travel services. In this article, we will consider the main aspects of liability for violation of the rules for the provision of travel services, the regulatory framework, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
The provision of travel services in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Tourism":
- The main law that defines the legal, organisational and social framework for tourism activities, sets requirements for tourism entities and their responsibilities.
Law of Ukraine "On Consumer Protection":
- Defines the legal framework for the protection of consumer rights, including those of tourists, 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 tourism activities, establishes requirements for travel companies and mechanisms for monitoring their activities.
Law of Ukraine "On Ensuring Sanitary and Epidemiological Welfare of the Population":
- Establishes requirements for sanitary and epidemiological control in the field of tourism services, and the rights of consumers to safe conditions of recreation.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between consumers and travel companies, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Labour Code of Ukraine (Labour Code):
- Regulates labour issues in the tourism sector, 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 Tourist Services":
- Determines the procedure for the provision of travel 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 travel services
The main violations of the rules for the provision of travel services may include:
Inadequate quality of services:
- Provision of services that do not meet the established quality standards, technical and sanitary standards.
Violation of the terms of the contract:
- Failure to comply with the terms of the contract between the client and the travel company, including the timing of services, 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 security rules:
- Violation of safety requirements in the provision of travel services, 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 travel information.
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 places of accommodation or catering, which may lead to a deterioration in the health of customers.
Types of liability for violation of the rules for the provision of travel services
Violations of the rules for the provision of travel services can lead to various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of consumer protection legislation, failure to comply with quality standards, violation of customer rights and other administrative offences. Sanctions may include fines, warnings, and temporary suspension of a travel company's operations.
Civil liability:
- Civil liability is incurred in the event of material or moral damage to customers as a result of improper provision of travel services. Customers have the right to seek compensation 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 a ban on certain activities.
Procedure for bringing to justice
The procedure for holding travel companies and their employees liable for violations of the rules for the provision of travel services depends on the type of violation and the form of liability:
Administrative procedure:
- Administrative offences can be detected during inspections by regulatory authorities (State Service of Ukraine on Food Safety and Consumer Protection, State Labour Service, Sanitary and Epidemiological Service) or by customer complaints. In case of violations, an administrative protocol is drawn up and reviewed by the competent authority. After reviewing the protocol, a decision is made to impose administrative sanctions.
Civil procedure:
- In the event of material or moral damage, clients may file a lawsuit for damages. The court examines evidence of improper provision of travel services, hears witnesses, and conducts expert examinations to determine the amount of damage. The court makes a decision on compensation for damages.
Criminal procedure:
- In the event of crimes committed by tourism employees or companies, victims or other interested parties may file a criminal complaint with law enforcement agencies. Law enforcement agencies conduct investigations, collect evidence, and question witnesses and suspects. If the fact of a crime is established, the case is referred to the court for consideration. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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