Publication date: 10.07.2024
Consumer protection in the tourism sector
Tourism is one of the most popular and rapidly growing sectors of the economy, with a major social and economic impact. The successful development of this sector largely depends on ensuring high quality services and consumer protection. Consumer protection in the tourism sector in Ukraine is regulated by a number of legislative acts that provide guarantees and mechanisms for compensation in case of violation of rights. In this article, we will consider the main aspects of consumer protection in the tourism sector, the legal framework, consumer rights, protection mechanisms and the procedure for appealing against violations.
Legal framework
Consumer protection in the tourism sector in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Tourism":
- Defines the legal, organisational and social framework for tourism activities, establishes requirements for tourism entities and their responsibilities.
TheLaw of Ukraine "On Consumer Protection":
- The main law defining the legal framework for the protection of consumer rights, including those of tourists, establishes consumer rights, obligations of service providers, and the procedure for complaints and consumer dispute resolution.
TheLaw of Ukraine "On Licensing of Economic Activities":
- Regulates the licensing of tourism activities, establishes requirements for travel companies and mechanisms for controlling their activities.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Provision of Travel Services":
- Defines the procedure for the provision of travel services, sets out requirements for the quality of services, rights and obligations of suppliers and consumers.
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.
TheLaw of Ukraine "On the Basic Principles of State Supervision (Control) in the Field of Economic Activity":
- Defines the procedure for state supervision and control over compliance by business entities with legal requirements.
Law of Ukraine "On Advertising":
- Defines the legal framework for advertising tourism services and sets requirements for advertising materials used in this area.
Basic rights of consumers in the field of tourism
The basic rights of consumers in the tourism sector, as defined by Ukrainian legislation, include:
Theright to safe and quality services:
- Consumers have the right to receive safe and quality tourism services that meet established standards and regulations.
Theright to information:
- Consumers have the right to complete and accurate information about services, including information about travel conditions, accommodation, meals, cost of services and other important aspects.
The right tochoose:
- Consumers have the right to freely choose the travel 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 travel 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 dangerous or harmful conditions of travel and stay.
Consumer protection mechanisms
Ukrainian legislation provides for several mechanisms of consumer protection in the field of tourism:
Appeal to the travel company:
- In the event of defects or inconsistencies in the services provided, consumers have the right to contact the travel company directly with a request to eliminate violations, replace services, reduce the cost or refund.
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 travel companies, 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 travel companies, 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 field of tourism, consumers have the right to appeal against such violations in accordance with the established procedure:
Appealto the travel company:
- The first step is to contact the travel company with a request to eliminate the violations. The appeal may be submitted in writing, indicating the circumstances of the violation, the consumer's requirements and evidence (contract, receipts, photos, testimonies, etc.).
Filing acomplaint with consumer protection authorities:
- If the appeal to the travel company 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 should 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.
Pre-trial dispute resolution:
- Consumers and travel companies can use pre-trial dispute resolution procedures, such as mediation and arbitration, which allow them to resolve conflicts faster and more efficiently without going to court.So, whether you need a lawyer's advice or a lawyer's advice, it doesn't matter. 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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