Publication date: 12.07.2024
Liability for violation of the rules for the provision of travel services
The tourism industry is an important component of the economy and cultural development of any country. The quality of travel services directly affects consumer satisfaction, the reputation of tour operators and the overall level of tourist attractiveness of the country. Ukraine has a clear regulatory framework that governs the relationship between tourists and travel service providers, sets quality standards and provides for liability for violations of the rules for the provision of these 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 violations, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
Liability for violation of the rules for the provision of travel services in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Tourism":
- Defines the legal, organisational and economic principles of tourism activities, establishes the rights and obligations of tourists and tour operators, and the procedure for the provision of 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.
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:
Failure toprovide services or their incomplete provision:
- The absence of promised tourist services or their incomplete provision without justified reasons, which leads to inconvenience for tourists.
Inadequatequality of tourist services:
- Poor quality of tourist services, inconsistency with the promised conditions of accommodation, meals, transportation or excursion programmes.
Violation of the terms of fulfilment of obligations:
- Late fulfilment of obligations to tourists, delays or cancellations of tours, uncoordinated changes to the tour programme.
Unlawful charging of payments:
- Charging for services that have not been provided or charging inflated amounts that do not correspond to actual costs.
Violation oftourists' rights to information:
- Failure to comply with the requirements to provide tourists with reliable information about the terms of service, travel routes, tariffs, rights and obligations of tourists.
Violation of the terms ofcontracts for travel services:
- Failure to comply with the terms of contracts, including payment terms, terms of service, scope of services and other aspects.
Types of liability for violation of the rules for the provision of travel services
Violations of the rules for the provision of travel services may result in various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violation of the requirements of the legislation on travel services, non-compliance with standards and rules of operation. Sanctions may include fines, warnings, and temporary suspension of a tour operator or travel agent. Such violations are subject to fines ranging from 10 to 200 tax-free minimum incomes, and in case of repeated violations - up to 500 tax-free minimum incomes.
Civil liability:
- Civil liability arises in the event of material or moral damage to tourists as a result of improper provision of tourist services. Tourists have the right to claim damages through the courts. Liability may include compensation for material damage (lost property, medical expenses, etc.) and non-pecuniary damage (psychological stress, humiliation).
Criminal liability:
- Criminal liability is incurred for committing crimes in the field of travel services, such as fraud, forgery, and illegal business activities. Sanctions may include fines, imprisonment, and prohibition to engage in certain activities. Such violations are punishable by fines in the amount of 500 to 2,000 tax-free minimum incomes or imprisonment for up to 10 years.
Procedure for bringing to liability
The procedure for holding tour operators 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 may be detected during inspections by regulatory authorities (State Agency for Tourism Development of Ukraine, local self-government bodies) or following complaints from tourists. 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 case of material or moral damage, tourists can file a lawsuit for damages. The court examines evidence of improper provision of travel services, hears witnesses, and conducts examinations to determine the amount of damage. The court makes a decision on compensation for damages.
Criminal procedure:
- In the event of a crime in the field of travel services, victims or other interested parties may file a complaint with law enforcement agencies. The proceedings are initiated on the basis of the application, after which a pre-trial investigation is conducted, the circumstances of the case are established and the perpetrators are brought to criminal responsibility.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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