Publication date: 11.07.2024
Consumer protection in the tourism sector
The tourism industry plays an important role in the economy and cultural life of society, providing people with the opportunity to relax, travel and explore new places. However, as in any service sector, consumers of tourism services may face violations of their rights. Ukraine has an extensive legal and regulatory framework that governs the relationship between consumers and travel service providers, ensuring the protection of consumer 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 action in case of violation of rights.
Legal and regulatory framework
Consumer protection in the tourism sector is regulated by several key legal acts:
TheLaw of Ukraine "On Tourism":
- Defines the legal, organisational and economic framework for tourism activities, establishes the rights and obligations of tourists and tour operators, and the procedure for providing tourism services.
TheLaw of Ukraine "On Consumer Protection":
- Defines the legal framework for consumer protection, establishes consumer rights, obligations of service providers and the procedure for handling consumer complaints.
Civil Code of Ukraine:
- Establishes the general legal rules governing the conclusion, execution and termination of contracts, including contracts for the provision of travel services.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the legislation on travel services, non-compliance with the standards and rules of activity in this area.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of travel services, including fraud, forgery, and illegal business activities.
Resolutions of the Cabinet of Ministers of Ukraine and other bylaws:
- Regulate certain aspects of the provision of travel services, define specific requirements for tour operators, the procedure for concluding contracts, service quality standards and the rights of tourists.
Consumer rights in the tourism sector
The main consumer rights in the tourism sector as defined by Ukrainian law include:
Theright to safety:
- Consumers have the right to the safe provision of travel services that meet established safety norms and standards.
The right toquality services:
- Consumers have the right to receive travel services of appropriate quality that meet established standards and requirements.
The right totimely provision of services:
- Consumers have the right to timely provision of travel services in accordance with established schedules and contracts.
Theright to reliable information:
- Consumers have the right to receive reliable, complete and understandable information about the terms of service, travel routes, tariffs, rights and obligations of tourists.
Theright to compensation:
- Consumers have the right to compensation for damages in case of violation of their rights, in particular for delays, cancellation of the tour, poor quality of services, loss or damage to luggage, and material or moral damage.
Theright to personal data protection:
- Consumers have the right to protect their personal data processed by tour operators and travel agents from unauthorised access, alteration or disclosure.
Mechanisms for consumer protection
Ukrainian legislation provides for several mechanisms to protect consumer rights in the tourism sector:
Contacting atour operator or travel agent:
- In case of violations of consumer rights, consumers have the right to apply directly to the tour operator or travel agent with a request to eliminate violations, provide additional information or compensation for losses.
Appealto local authorities:
- Consumers may file a complaint with local authorities that oversee the activities of tour operators and travel agents, review complaints and take enforcement action in the event of violations.
Judicialprotection:
- Consumers have the right to file lawsuits to protect their rights, including claims for damages, compensation for non-pecuniary damage, and obligations of the tour operator or travel agent to remedy the violations.
Contacting theState Agency for Tourism Development of Ukraine:
- Consumers may apply to this body to review complaints and conduct inspections of tour operators and travel agents to ensure that their activities are in compliance with consumer rights.
Pre-trial dispute resolution:
- The legislation provides for the possibility of pre-trial settlement of disputes between consumers and tour operators or travel agents, including mediation, arbitration and other forms of alternative dispute resolution.
Appeal to human rights organisations:
- Consumers can turn to human rights organisations and lawyers to protect their rights and interests.
Procedure in case of violation of consumer rights
In the event of a violation of consumer rights in the tourism sector, consumers must act in accordance with the established procedure, which includes several stages:
Assessment of the legitimacy of the violation:
- The consumer must assess the legitimacy of the violation based on its compliance with the law and the terms of the contract. In case of doubt about the legitimacy of the violation, you should seek advice from a lawyer or human rights defender.
Documentation of the violation:
- The consumer should document the violation, collecting evidence if possible (photos, videos, testimonies of other tourists, etc.).
Contacting thetour operator or travel agent:
- The consumer should contact the tour operator or travel agent with a written request to eliminate the violation, provide additional information or compensation for damages. The request can be submitted in person, by mail or by e-mail.
Appealto local authorities:
- If a tour operator or travel agent refuses to satisfy the consumer's requirements, the latter may file a complaint with local authorities that supervise the activities of tour operators and travel agents.
Appeal to the State Agency for Tourism Development of Ukraine:
- Consumers may apply to this agency to review the complaint and conduct an inspection of the tour operator or travel agent. The agency is empowered to impose sanctions on violators, including fines, revocation of licences, etc. 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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