Novosibirsk State Technical University

Correspondence faculty

Department of Service Economics

Socio-cultural service and tourism

Course work

Legal support of social and cultural services and tourism

Peculiaritieslegal regulation of hotel service

Completed by: Efimova M.L.

Group ZF - 709

Checked by: Ivlev S.V.

Novosibirsk 2010


Introduction

1. Characteristics of the regulatory framework

1.1 International regulatory and legal acts of hotel service

1.2 Russian regulatory legal acts for the provision of hotel services

2. Features of state regulation of hotel service in the Russian Federation

2.1 History of legal regulation

2.2 Standardization and classification of temporary accommodation facilities

Conclusion

Bibliography


Introduction

The international hospitality industry plays an important role in today's global economy. At least in recent decades, it was one of the most dynamically developing and highly profitable types of economic activity. The development of the national hotel industry, especially through its connection to the international hotel business, is of great importance in many countries of the world, since this economy plays an important role in providing employment for the local population, having a positive impact on other sectors of the national economy. In a number of countries, the international hotel business is the most important (if not the only) source of foreign exchange earnings for the state budget. In addition, its activity in a given country contributes to its access to international investment capital and deeper integration into the world economy. Thus, the international hotel business can play an important role in solving the problems of integrating the domestic economy into the world one, investing in the real sector of the economy, contributing to its structural restructuring, which is currently of exceptional importance for Russia, in which, despite the huge recreational potential and growth the influx of foreign tourists, the hotel industry is very far from international standards. The fact that Russia will soon join the WTO, whose membership puts the national hotel business in completely new conditions, makes this topic especially topical. It is no coincidence that at the federal and municipal levels in the Russian Federation, the improvement of the modern infrastructure of the hotel business is recognized as one of the priority areas for the development of the national economy. At the same time, the development of the experience and technologies of the international hotel business comes to the fore. The hotel business, or the activities of hotel companies to provide accommodation and related services to a wide range of people, is the activity of providing hotel services.

In carrying out this activity, various and interconnected relations arise, which are subject to legal regulation.

Firstly, it is the relationship regarding the provision of accommodation and related services (room reservation, reception, accommodation and service of guests, etc.)

Secondly, this is the relationship that the hotel company enters into in connection with the material and technical support and maintenance of the hotel (water and electricity supply to the hotel, major and current repairs, the purchase of consumables, furniture and equipment, etc.).

Object This work will be an activity in the implementation of which there are relations subject to legal regulation to provide the guest with comfortable temporary accommodation and related service in the hotel.

Subject my job will be the international and Russian regulatory framework and regulatory bodies for the provision of hotel services.

This paper will consider the features of international and Russian legal regulation of the provision of hotel services, which is designed to help the hotel business, to protect the rights and interests of all participants in hotel activities.

The work used scientific and educational literature, studied the works of domestic and foreign authors: Zhmulina D.A., Bondarenko G.A. , Volkova Yu.F., Votintseva N.A., Balashova E.I.,. Feoktistova I.A., Kuskova A.S., Senina V.S., Voloshina N.I., as well as legislative and regulatory acts of federal authorities.

1. Characteristics of the regulatory framework

1.1 International regulatory legal acts of hotel service

The hospitality industry as an economic activity includes the provision of hotel services and the organization of rewarding short-term stays in hotels, campgrounds, motels, school and student dormitories, guest houses, etc.

International practice has adopted the "Standard Classification of Accommodation Facilities for Tourists" developed by WTO experts. There are two categories: collective accommodation facilities for tourists, which are divided into categories - hotels and similar accommodation facilities, specialized establishments, and other collective establishments; and individual accommodation facilities

A collective accommodation facility is understood as "any facility that regularly or sometimes provides tourists with accommodation for the night in a room or any other premises, but the number of rooms that it has exceeds a certain minimum", determined by each country independently (for example, in Russia -10 rooms, in Italy -7 rooms). Moreover, all numbers in a given enterprise must obey a single management (even if it does not aim to make a profit), be grouped into classes and categories in accordance with the services provided and the available equipment.

Collective accommodation facilities for tourists include: hotels and similar accommodation facilities, specialized establishments and other accommodation establishments.

Hotels have the following characteristics: they consist of rooms, the number of which exceeds a certain minimum, have a single management; provide a variety of hotel services, the list of which is not limited to daily bedding, room and bathroom cleaning; grouped into classes and categories according to the services provided, available equipment and country standards; are not included in the category of specialized institutions; focused on their segment of travelers; can be independent or belong to specialized associations (chains). Similar establishments include boarding houses and furnished rooms, tourist hostels and other accommodation facilities that consist of rooms and provide limited hotel services, including daily bedding, housekeeping and cleaning of the room and bathroom. Specialized enterprises, in addition to providing accommodation services, perform some other specialized function, for example, organizing conferences, medical treatment. These include recreational facilities, labor and recreation camps. Other collective accommodations provide limited hotel services, excluding daily making of beds and cleaning of premises. They may not consist of numbers, but represent units of the "dwelling" type. All funds are classified into separate groups.

The Hotels and Similar Enterprises group includes hotels, apartment hotels, motels, roadside and beach hotels, residential clubs, boarding houses, furnished rooms, tourist hostels.

The "Specialized Enterprises" group consists of sanatoriums, labor and recreation camps, accommodation in collective means of transport (trains, yachts), as well as congress centers.

The group “Other collective accommodation” includes complexes of houses and bungalows organized as holiday dwellings, fenced areas for tents, caravans, mobile homes, coves for small boats.

Individual accommodation facilities include their own dwellings - apartments, villas, mansions, cottages used by resident visitors, rooms rented from individuals or agencies, premises provided free of charge by relatives and friends.

Attribution to one or another accommodation facility is determined by legislative acts and regulations of each country. For example, in Italy, the "Basic Law for the Development and Improvement of Tourism" refers to the hotel industry as enterprises receiving tourists - hotels, motels, rural tourist complexes and boarding houses, recreation centers and camps for young people, tourist villages, rural houses, houses and furnished apartments, houses recreation, youth houses, alpine shelters.

The classification of accommodation services and terminology presented in the regulatory documents of Russia and the Standard International Classification of Activities in Tourism (SIKTA), adopted by Eurostat and the WTO, differ significantly.

In various countries of the world, various symbols are used to designate the category of hotels and other accommodation facilities - from stars in France and Russia to crowns in England. Attempts to introduce a unified international classification of hotels have so far been unsuccessful.

However, in 1989, the WTO Secretariat developed Recommendations for the Interregional Harmonization of Hotel Classification Criteria, based on the standards adopted by the regional commissions. The guidelines define the minimum requirements for building and rooms, the quality of hotel equipment and furniture, energy and water supply, heating, sanitation, security and communications, hotel services and staff. The highest category of hotels is five stars, the lowest is one star. In most countries, preliminary classification of a hotel is a prerequisite for obtaining a hotel license. Many hotel chains set their own, as a rule, higher than national standards, requirements.

Resolution of the Government of the Russian Federation "Rules for the provision of hotel services" No. 1085 was adopted in the fall of last year. With this normative act, the state made some changes regarding activities in the sphere of public services. This article discusses some aspects of the hotel industry.

Legislative framework

The Resolution of the Government of the Russian Federation "Rules for the provision of hotel services", in fact, approved new standards. In accordance with them, entrepreneurs and other commercial organizations must carry out their own business, if such is associated with hotel services.

Old regulations, including the "Rules for the provision of hotel services in the Russian Federation" No. 490, which business leaders were guided by earlier, were invalidated by this decree. Also, by this legal document, changes were made to other normative acts that governed the considered civil law relations. The decree was issued by the legislative body of the Russian Federation in strict accordance with the law and the Constitution, but its main purpose was to fulfill the requirements of the law protecting the rights of consumers.

It was signed by Prime Minister D. Medvedev.

As indicated above, the main document, according to which the new rules for the provision of hotel services in the Russian Federation were approved, is a law that protects individual rights of ordinary citizens (consumers). This law is intended to protect the interests of individuals exclusively. At the same time, entrepreneurs, although belonging to this category, have no relation to the named legal act. It does not include legal entities either. The main essence of the law is that the levers of government provided by the state could reliably protect the rights of buyers or customers of services from unscrupulous business entities. Of course, it also provides for countermeasures against consumers who abuse their powers.

Some of the customers of services can be called persons who use the services of hotels. It can be tourists, businessmen, or just people who went on a business trip. Having familiarized themselves with the rules for the provision of hotel services published by the government, the listed persons, as well as other citizens interested in this, can receive all the necessary information necessary in order to be able to protect their interests.

Objects covered by the action

The new rules for the provision of hotel services in the Russian Federation apply, as the name itself suggests, to absolutely all types of hotels. In addition, in the Rules, hotels mean other objects designed to accommodate people. However, other lodging facilities should not be confused with campgrounds and children's camps. This is an independent category, to which the validity of the considered Rules does not apply. Moreover, tourist centers and other youth camps do not fall under the jurisdiction of the aforementioned normative act. Does not apply to hotels and departmental hostels, as well as apartments or rooms that citizens or organizations lease. Railroad pastures and other vehicles in which berths are equipped and in which, in fact, people can be accommodated, are also not regulated by the Rules.

Some definitions used in the Rules

In order to understand some of the terms, the legislator, as a rule, in the normative documents provides an explanation of certain concepts used in the texts of these acts. The same is done in the document under consideration. The rules for the provision of hotel services in the Russian Federation define the following basic concepts:

  1. A hotel, as well as some other place to stay. These words mean a building, a part of it, a property complex, including equipment. Together, this should be designed to carry out activities in the field of hotel services.
  2. Hotel services mean not only services for the provision of places to stay, but also other related ones.
  3. If the number of rooms for accommodation in a hotel is less than 50, then it is called a small accommodation facility.
  4. The price of a place in a room or the room itself includes the cost of both accommodation and other services.
  5. A consumer in the sense of the discussed Rules is an individual who wishes to use or has already used hotel services. Such a person cannot be an organization or an individual entrepreneur. The consumer will be recognized as such if he uses the hotel only for personal needs.
  6. The contractor is, on the contrary, either a commercial organization or a private entrepreneur, the type of activity of which is hotel services.
  7. The rules for the provision of hotel services in the Russian Federation, the provisions of which are obligatory for all businessmen, also define the concept of "customer". This person means not only a citizen, but also an organization, an individual doing business, who wish to use or have already used the hotel service, but in favor of the consumer. In practice, it looks like this: an organization enters into an agreement for the provision of hotel services with a certain hotel. According to this agreement, the hotel undertakes to receive and accommodate employees of this organization (consumers). There are other situations as well.
  8. Booking in the Rules means booking a room or a place in a room, made in advance. Reservations can be made by both the customer and the consumer himself.
  9. Check-out time - this concept means the time set by the hotel for the entry and exit of guests.

General Provisions

As usual, there are requirements for hotels and other facilities that fall under the aforementioned Rules, which the parties themselves establish in an agreement between themselves. There are situations where specific requirements are governed by local or federal laws and regulations. The contractor has the right to carry out the activity in question only if he has a document that will confirm that the hotel has been assigned a category. The assignment of such a category has also been approved by the authorized body, more precisely, the Ministry of Culture.

The price for hotel services in accordance with the law cannot be different for people. It should be the same regardless of social status, rank, or any other difference. However, for certain categories of citizens, benefits may be established (for example, disabled people or other socially vulnerable groups of the population).

The legislator has reserved the right to create and establish rules of conduct and residence for the owner of the hotel facility. However, such rules should not contradict the legislation of the country.

The rules for the provision of hotel services in the Russian Federation, information about the services that are discussed in this article should be free for review in any hotel. They should be provided by the contractor to customers and consumers at their request.

Artist info

The rules for the provision of hotel services are set certain accessible to persons wishing to use them. First of all, this concerns information about the hotel itself and the person who maintains it. So the legislator has determined that the performer is obliged to provide the following information:

  1. The name, as well as the availability of the facility of hotel services.
  2. The address where this object is located, as well as cut its working hours.

The listed requirements apply to hotels that operate in the form of an organization (legal entity). If the business in question is run by an individual entrepreneur, then he must post the following information:

  1. Individual entrepreneur data, which includes last name, first name and patronymic.
  2. The location of its activities.
  3. Hotel opening hours.
  4. Information about the state registration of a businessman.
  5. The name of the authorized state body that registered the entrepreneur.

All this information should be posted before entering the hotel or in its lobby, in the place where guests are registered. For example, when entering a hotel, they use special signs or simply place a sign on the front door. In the lobby, you can post the specified information, for example, at the reception. The whole point of such a placement is so that the consumer can freely find out the artist's data.

Service information

Identical requirements apply to information about the services provided by the hotel. The hotel owner is obliged to post information about them either in the lobby of the establishment, or on his own website. The content of this information is also determined by the Rules.

  1. Data of an organization or a private entrepreneur, including his contact phone numbers, address, details of the document on the basis of which he operates. If it is a legal entity, then a certificate confirming the entry in the Unified State Register of Legal Entities, if an individual entrepreneur, the information must be entered into the Unified State Register of Individual Entrepreneurs.
  2. If the hotel is a branch or other structural unit, then it is necessary to indicate information about the parent organization, head office.
  3. Information about which category is assigned to the hotel, as well as the organization that established it.
  4. The presence or absence of certification.
  5. The cost of living and types of rooms (categories).
  6. Basic services provided by the contractor, included in the cost of living.
  7. Method of payment for accommodation.
  8. List of additional services provided by the hotel for a fee, the procedure according to which they can be used.
  9. The procedure for booking rooms and withdrawing from the reservation.
  10. The maximum period that a guest can stay at the hotel.
  11. A list of persons for whom benefits are established, and a list of the benefits themselves.
  12. The list of paid services that are provided in the institution by third parties.
  13. Information about

The listed information is presented in Russian, and, if desired, in others.

Booking types

The owner of the hotel business has the right to establish the following types of reservations at his facility:

  1. Booking with a guarantee. It implies that the hotel administration reserves a room for the guest and waits for him within one day from the beginning of the checkout time. If the consumer does not check into the room, is late for a longer time, or abandoned the room, then the reservation is canceled, and the consumer is charged for the downtime.
  2. Booking without guarantee. With such a room, the hotel will wait for its client only until a certain hour of the day in which it is required to move in. The booking will then be canceled.

The reservation will be considered valid only after the customer or consumer has received the appropriate notification from the hotel. In this case, they can refuse to book by canceling the application. However, such a refusal must be made according to the rules determined by the hotel administration. Also, the Rules for the provision of hotel services in the Russian Federation No. 1085 enshrine the hotel's right to refuse clients to book rooms if there are no vacancies on the required date.

Documents for concluding a contract

In order to stay at the hotel, the guest will need only one document that will prove his identity. However, the types of such documents may be different. This could be:

  1. Passport.
  2. Birth certificate.
  3. International passport.
  4. Foreign passport.
  5. A document certifying that the guest is a stateless person, as well as confirming his identity.
  6. A permit issued by an authorized government agency giving the right to reside in Russia.
  7. Residence.

The contract itself is concluded exclusively in writing, signed by both parties. In this case, the text indicates the price, names of the parties, their contacts, information about the hotel room, the time that the guest will live in this room. Other information can be specified if desired.

The rules for the provision of hotel services in the Russian Federation, the procedure for registration of residence provide that the contractor must register the persons living with him in accordance with the normative acts of Russian legislation.

Some conditions

Hotels provide service to their customers around the clock. Consumers can use their services at any time of the day or night. It is not prohibited to leave at night, as well as to enter. However, an exception is established by law for hotels with less than fifty rooms. In such small accommodation facilities, the owners have the right to establish their own modes of service. As a rule, the checkout time is set by the contractor, taking into account the characteristics of the region, the location of the object. But as usual, the period of such an hour is determined at 12 hours. In other words, entry and exit are processed twice a day. In any case, the difference between them cannot be more than two hours.

The rules also establish the right of the hotel owner to determine the maximum period during which individuals can stay in the establishment. The procedure for payment for a room is not regulated by law, as well as its price, as well as the rules of residence. Therefore, all these actions are left to the legislator to choose an organization or a private entrepreneur providing hotel services.

Additionally, hotel service may be offered not per day, but hourly. The rules for the provision of hotel services in the Russian Federation, the concept of which is given above, stipulate that if there is a need to regulate prices for hotel services, then their price cannot exceed the cost determined for a particular category of hotels. This requirement is valid only when holding any major events or celebrations when there is an influx of guests.

The considered legal act restricts the right of the owners of this business to provide any other paid services to guests against their will, if such services are not included in the cost of living.

Services obligatory for the performer

The following types of hotel services are free or included in the price of your stay.

  1. If the guest becomes ill, the administration is obliged to call an ambulance, and, if necessary, call other emergency services.
  2. The management of the institution should provide a first-aid kit to its customers free of charge.
  3. is obliged to bring to the room of guests the mail that came in their name, immediately after receipt.
  4. If the clients so wish, the hotel staff should take care to wake up the residents at the hour they have set.
  5. Boiling water, needles and thread, dishes, spoons, forks are provided to customers without additional payment.
  6. Other services established by the administration.

Calculations

Payment for the provided hotel services is made by the guest only after their actual provision, that is, on the day of departure. However, if the future guest does not mind, then such payment can be made at the conclusion of the contract, that is, on the day of entry. The calculation can also be made in part. or another person who is responsible for the payment is obliged to issue the guest with a cashier's receipt or other statutory document when calculating. The calculation of the payment to be made to the client is carried out according to the established checkout time. That is, if the checkout time is set at 12 o'clock, then payment is made for all 12 hours, even if the guest stayed at the hotel for only three hours. If the client has delayed checking out of the room, then the administration will charge him, in accordance with the rules approved by it. If a client arrives at the hotel after 12 o'clock at night, and leaves before the check-out time specified by the hotel, then the payment for accommodation cannot be more than the payment specified for half a day.

A responsibility

The rules for the provision of hotel services in the Russian Federation, the responsibility for compliance with which are borne by all parties, establish that both the contractor and the guest are responsible for harm in cases provided for by civil law. Thus, the contractor is responsible for the safety of his client's property, and for improper performance of his duties may be held liable under the laws of Russia. Accordingly, the guest who has caused damage to the property of the hotel will also reimburse it.

Thus, for every citizen who plans to go on a business trip or for another reason wants to stay at a hotel, it is better to carefully study the rules discussed in this article in order to subsequently avoid some unpleasant moments. Among other things, knowing these rules, you can safely defend your rights as a consumer of hotel services. If they are violated, a complaint can be made to the authorized body that exercises control over business entities that are engaged in this type of activity.

Modern legal regulation of relations for the provision of hotel services is based on the provisions of Part 1 of Article 8 of the Constitution of the Russian Federation, which proclaims that "the unity of the economic space, the free movement of goods, services and financial resources ..." and freedoms of man and citizen, important for this sphere, including the right to move freely, choose a place of stay and residence, and the right to rest.

In the Civil Code of the Russian Federation, services are separated into an independent object, and Chapter 39 of the Civil Code of the Russian Federation "Paid provision of services" is devoted to the regulation of contractual relations for the provision of services. However, there is no indication of hotel services in the list of services (clause 2 of article 779 of the Civil Code of the Russian Federation), but this does not mean that the rules of Chapter 39 do not apply to these relations.

The next source of legal regulation of activities for the provision of hotel services: Federal Law of November 24, 1996 No. 132-FZ "On the basics of tourist activities in the Russian Federation." This Law declares that one of the main goals of state regulation of tourism activities is the development of hotels, and accommodation services are an integral part of the tourism product. It follows from this that the state regulation of the sphere of tourist activity very significantly affects the activity of providing hotel services.

An important role in regulating the provision of hotel services is played by the Law of the Russian Federation of February 7, 1992 No. 2300-1 "On Protection of Consumer Rights", which regulates the relationship between the consumer and the provider of services, including hotel services, determines the rights of consumers to purchase services of proper quality, safe for their life and health, to receive information about services and their providers, state and public protection, as well as the mechanism for the implementation of these rights.

Law of the RSFSR of July 26, 1991 No. 1488-1 "On investment activities in the RSFSR" Federal laws of July 9, 1999 No. 160-FZ "On foreign investments" and of February 25, 1999 No. 39-FZ "On investment activities in the Russian Federation carried out in the form of capital investments "define the basic guarantees of the rights of investors to investments and the income and profit received from them, the conditions for entrepreneurial activity in the hotel market in Russia.

Federal Law of December 27, 2002 No. 184-FZ "On Technical Regulation" plays a significant role in assessing the quality of services, regulates relations arising from the development, adoption, application, and execution on a voluntary basis of requirements for the provision of services.

National standard of the Russian Federation GOST R 51185-2008 “Tourist services. Accommodation facilities. General Requirements "gives definitions to such concepts as" accommodation facility "," hotel "," room ", and also establishes the types of accommodation facilities and rooms in accommodation facilities. The specified GOST also contains a number of general requirements that are advisory in nature.

One of the main sources of legal regulation of relations for the provision of hotel services is the "Rules for the provision of hotel services", hereinafter the Rules for the provision of hotel services, which were adopted by the Government of the Russian Federation of April 25, 1997 No. 490 and the Government of the Russian Federation No. 693 of 15.09.2000. clarifications, in accordance with the Consumer Protection Law. The Rules for the provision of hotel services contain a definition of the concept of "hotel" and establish who can be a party to an agreement on the provision of hotel services and determine the rights, obligations and responsibilities of the parties under such an agreement. In these Rules, a consumer is a citizen who intends to order or who orders and uses services exclusively for personal, family, household and other needs not related to entrepreneurship. The relationship between consumers and performers is regulated by the Law of the Russian Federation of February 7, 1992 No. 2300-1 "On the Protection of Consumer Rights" (hereinafter - the Law on the Protection of Consumer Rights). It is clear that this document does not apply to legal entities, as well as entrepreneurs who use, purchase, order, or intend to purchase or order a service not for personal household needs, but for business.

An example of such relations is the formation of a tourist product by a tour operator with its subsequent implementation. In this case, hotel services are purchased by a tour operator and are included in a comprehensive travel service that is sold to a tourist. At the same time, the tourist does not enter directly into a contractual relationship with the contractor providing hotel services. Thus, relations for the provision of hotel services to persons who are not consumers within the meaning of the Rules for the provision of hotel services do not fall under their legal regulation.

It should also be noted that the consumer and the customer are not always the same person. And according to the Rules for the provision of hotel services, a consumer is a person who orders and uses a hotel service. That is, the mere use of a hotel service is not enough for a citizen to become a consumer. Accordingly, relations for the provision of hotel services are devoid of legal regulation when the services are ordered by a legal entity, but performed by a citizen.

The rules provide for:

The procedure for communicating to consumers information about the contractor, about the services provided, information about the certification of services subject to mandatory certification, information about the procedure for registration of hotel accommodation and payment for services, about the procedure for concluding agreements for booking rooms in a hotel and the consequences if the consumer is late, about cases when the contractor is obliged to conclude an agreement with the consumer for the provision of services, on the details of a receipt or other document issued to the consumer when registering a hotel stay, etc.;

· The procedure for the provision of services, a list of types of services provided by the contractor without additional payment, the responsibility of the contractor for the safety of the consumer's belongings;

· The possibility for the consumer, upon detection of deficiencies in the service provided, to demand free elimination of deficiencies or a corresponding reduction in the price for the service provided, or to terminate the service agreement and demand full compensation for losses, if the contractor did not eliminate these deficiencies within the prescribed time frame;

· The possibility for the consumer to refuse to fulfill the contract for the provision of services, subject to the payment of the actual costs incurred by the contractor;

· Responsibility of the contractor for harm caused to the life, health and property of the consumer as a result of shortcomings in the provision of services, as well as compensation for moral damage caused to the consumer by violation of his rights in accordance with the legislation of the Russian Federation;

· Reimbursement by the consumer of damage in case of loss or damage to the property of the hotel, as well as consumer liability for other violations in accordance with the legislation of the Russian Federation;

· Other rights and obligations of the performer and the consumer.

The provision of hotel services in Russia is carried out in accordance with the Civil Code of the Russian Federation, as well as in accordance with the Rules for the provision of hotel services in the Russian Federation, approved by the Decree of the Government of the Russian Federation of October 9, 2015 No. 1085 (hereinafter referred to as the "Rules for the provision of hotel services") ... The activity of hotels belongs to the subject of regulation of the law of the Russian Federation "On the fundamentals of tourist activity in the Russian Federation", including in terms of determining the order of classification of objects of the tourism industry.

The relations between the hotel and the guest are also subject to the provisions of the legislation on the protection of consumer rights.

The main legal act regulating the activities of hotels is the Rules for the provision of hotel services dated October 9, 2015. For a long time, the Rules for the provision of hotel services, adopted back in 1997, were in force in Russia, which, of course, over time, ceased to meet the needs of the rapidly growing market of hotel services.

1. The main provisions of the Rules for the provision of hotel services, approved by the Decree of the Government of the Russian Federation of 09.10.2015 N 1085 (hereinafter referred to as the Rules) and entered into force on October 21, 2015.

The rules for the provision of hotel services determine the main obligations and rights of the hotel and the guest, the grounds and procedure for making claims, responsibility for violation of obligations and causing harm, and other conditions.

Since the guest is a weak side in relations with the hotel, the Rules for the provision of hotel services contain a number of special rules that ensure, first of all, the protection of the interests of the guest when concluding, changing and terminating an agreement on the provision of hotel services.

The new Rules clarified the subject of regulation: in accordance with clause 2 of the Rules, their effect applies to the activities of hotels and other accommodation facilities. The rules do not apply to the activities of youth tourist camps and tourist centers, campgrounds, children's camps, departmental hostels, renting furnished rooms for temporary residence, as well as activities to provide temporary accommodation in railway sleeping cars and other vehicles. Citizens need to pay particular attention to the relationship of renting furnished rooms for temporary residence - so the Rules define rooms and apartments rented out in resort areas in a dry legal language. When registering relations with the owners of such rooms and apartments, it should be borne in mind that the Rules for the provision of hotel services are not applicable to these relations.

The new Rules contain a more detailed conceptual apparatus: the concepts of "hotel services", "room price", "small accommodation facility" (a hotel with no more than 50 rooms), "booking", "checkout time", etc. have been introduced. "Hotel services" is a set of services for the provision of temporary accommodation in a hotel, including related services, the list of which is determined by the contractor.

The concept of "hotel" has been clarified - now it is "a hotel and other accommodation facility", which is understood as a property complex (building, part of a building, equipment and other property) intended for the provision of hotel services. The concept of "other means of placement" has appeared.

The “customer” figure has been introduced - this is a person, an individual (legal entity) intending to order or purchase, or ordering or purchasing hotel services in accordance with the agreement on the provision of hotel services (hereinafter referred to as the agreement) in favor of the consumer. Judging by the content of the provisions relating to the rights and obligations of the customer, the appearance of the customer as a party to the agreement with the hotel is intended to regulate the relations of hotels with tour operators that conclude agreements with hotels in favor of their customers, as well as employers organizing trips of their employees (as for business purposes - business trips, and for the purpose of organizing collective recreation of employees). The latter circumstance is of particular importance for employers in view of the emergence of a legislative initiative to provide employers with tax benefits when paying for recreation for employees organized on the territory of the Russian Federation (see the page of the bill on the official website of the State Duma http://asozd2.duma.gov.ru/main. nsf /% 28Spravka% 29? OpenAgent & RN = 871036-6).

In relation to the customer, the Rules establish a number of obligations of the executor (hotel), similar to obligations in relation to the consumer: this is the obligation to bring the Rules to the attention of the consumer (customer), obligations when making a reservation, and others.

In general, the new Rules provide hotels with greater freedom in determining the order of interaction with guests, compared to the previous ones.

Thus, it has been established that the requirements for hotel services, including their volume and quality, are determined by agreement of the parties to the agreement, unless other requirements are provided for by federal laws or other regulatory legal acts of the Russian Federation. Thus, in the Rules the principle of freedom of contract, formulated in the Civil Code as the fundamental principle of civil turnover, was enshrined in the Rules.

In addition, hotels have the right to independently establish rules for staying and using hotel services that do not contradict the legislation of the Russian Federation.

As already mentioned, the new Rules for the first time mention the concept of "small accommodation facility", which includes hotels and other accommodation facilities with less than 50 rooms. The need for legal regulation of such accommodation facilities is obvious - in resort areas there is a rapid growth in the number of small hotels, guest houses, the management and maintenance of which, as a rule, is carried out by one family. It is obvious that the activities of such small family businesses require certain measures of support from the state, including legal ones. The rules for the provision of hotel services in relation to small accommodation facilities have established yet one special rule - an exemption from the hotel's obligation to provide round-the-clock service to guests. Perhaps, in the near future, the needs of small accommodation facilities in measures of legal support and regulation will be reflected in the adoption of amendments to the Rules. It should be added that, in addition to the Rules, the rules on the procedure for classifying objects in the tourism industry apply to hotels, which will be discussed in more detail below.

The new Rules more fully in comparison with the previous ones define the rules for booking rooms in hotels - the concepts of “guaranteed” and “non-guaranteed” booking have been introduced. In addition, the Rules give a definition of the general concept of "booking" - it means a reservation of places and (or) hotel rooms by the customer (consumer).

The booking is considered valid (i.e., made) from the moment the consumer (customer) receives a notification containing information about the name (company name) of the contractor, customer (consumer), category (type) of the ordered room and its price, booking conditions, on the duration of stay at the hotel, as well as other information determined by the contractor (hotel administration). In other words, a booking is a type of preliminary agreement in which the parties reach an agreement on the essential terms of the agreement for the provision of hotel services.

With a guaranteed reservation, the hotel expects the consumer before the checkout time of the day following the day of the scheduled arrival. In case of untimely cancellation of the reservation, late or no-show of the consumer, he or the customer will be charged a fee for the actual idle room (space in the room), but not more than a day. If you are more than a day late, the guaranteed reservation will be canceled.

In case of non-guaranteed booking, the hotel waits for the consumer until a certain hour, set by the contractor, on the day of arrival, after which the booking is canceled.

The consumer has the right to cancel the booking request. It should be noted that the Rules attributed to the discretion of the contractor only the determination of the order and form of cancellation of the reservation. The rules do not establish the consequences for the consumer due to the cancellation of the reservation. According to accepted international practice, reservations are often made subject to advance payment of the cost of living for a short period, usually one day in advance, or even less. If the booking is canceled, the payment made will not be refunded. However, in Russia, in some especially popular tourist destinations, there is a practice of booking on condition of payment for a longer stay; in case of cancellation of the reservation, the paid amount will not be refunded. It seems that such situations need additional elaboration within the framework of the Rules for the provision of hotel services.

According to clause 14 of the Rules for the provision of hotel services, a booking can be made in any form, including by drawing up a document signed by two parties, as well as by accepting a booking request (hereinafter referred to as an application) via postal, telephone and other communications, which makes it possible to establish, that the claim comes from a consumer or customer. The application form is established by the contractor ( those. by the hotel administration).


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Sources of legal regulation of activities for the provision of hotel services:

The provisions of Part 1 of Article 8 of the Constitution of the Russian Federation, which proclaims that "the unity of the economic space, the free movement of goods, services and financial resources ..." including the right to move freely, choose the place of stay and residence, the right to rest.

Of the Civil Code of the Russian Federation, where services are separated into an independent object, and Chapter 39 of the Civil Code of the Russian Federation "Paid provision of services" is devoted to the regulation of contractual relations for the provision of services. However, there is no indication of hotel services in the list of services, but this does not mean that the rules of Chapter 39 do not apply to these relations.

Federal Law No. 132-FZ of November 24, 1996 "On the Basics of Tourist Activities in the Russian Federation". This Law declares that one of the main goals of state regulation of tourism activities is the development of hotels, and accommodation services are an integral part of the tourism product. It follows from this that the state regulation of the sphere of tourist activity very significantly affects the activity of providing hotel services.

RF of February 7, 1992 No. 2300-1 "On Protection of Consumer Rights", which regulates the relationship arising between the consumer and the provider of services, including hotel services, determines the rights of consumers to purchase services of appropriate quality, safe for their life and health, to obtaining information about services and their providers, state and public protection, as well as a mechanism for the implementation of these rights.

Law of the RSFSR of July 26, 1991 No. 1488-1 "On investment activities in the RSFSR" Federal Laws of July 9, 1999 No. 160-FZ "On foreign investments" and of February 25, 1999 No. 39-FZ "On investment activities in the Russian Federation carried out in the form of capital investments "define the basic guarantees of the rights of investors to investments and the income and profit received from them, the conditions for entrepreneurial activity in the hotel market in Russia.

Federal Law No. 184-FZ of December 27, 2002 "On Technical Regulation" plays a significant role in assessing the quality of services, regulates relations arising from the development, adoption, application, and execution on a voluntary basis of requirements for the provision of services.

National standard of the Russian Federation GOST R 51185-2008 "Tourist services. Accommodation facilities. General requirements" defines such concepts as "accommodation facility", "hotel", "room", and also establishes the types of accommodation facilities and rooms in accommodation facilities. The specified GOST also contains a number of general requirements that are advisory in nature.

"Rules for the provision of hotel services", hereinafter, the Rules for the provision of hotel services, which were adopted by the RF Government Decree of April 25, 1997 No. 490 and the RF Government Decree No. 693 of 09/15/2000, were clarified in accordance with the Law on Consumer Rights Protection. The Rules for the provision of hotel services contain a definition of the concept of "hotel" and establish who can be a party to an agreement on the provision of hotel services and determine the rights, obligations and responsibilities of the parties under such an agreement. In these Rules, a consumer is a citizen who intends to order or who orders and uses services exclusively for personal, family, household and other needs not related to entrepreneurship. The relationship between consumers and performers is regulated by the Law of the Russian Federation of February 7, 1992 No. 2300-1 "On Protection of Consumer Rights" (hereinafter referred to as the Law on Protection of Consumer Rights). It is clear that this document does not apply to legal entities, as well as entrepreneurs who use, purchase, order, or intend to purchase or order a service not for personal household needs, but for business.

Basic concepts and definitions in the field of hospitality are given in regulatory documents and standard requirements.

In accordance with GOST R 50645 - 94 "Tourist and excursion services. Classification of hotels" a hotel is understood as an enterprise intended for temporary residence; under the motel - a hotel located near the road. The minimum allowed number of hotel rooms is at least 10.

Another regulatory document - "Rules for the provision of hotel services in the Russian Federation", approved by Decree of the Government of the Russian Federation No. 490 dated 04.25.97, provides the following definitions:

"hotel" - a property complex (building, part of a building, equipment and other property) intended for the provision of services;

"consumer" - a citizen intending to order or ordering and using services exclusively for personal (household) needs;

"performer" - an organization, regardless of the form of ownership, as well as an individual entrepreneur, providing services to consumers under a paid contract.

In a regulatory document in accordance with GOST R 51185 - 98

"Tourist services. Accommodation facilities. General requirements" the following terms are used with appropriate definitions:

"Accommodation facilities for tourists - any object intended for temporary accommodation of tourists (hotel, tourist center, camping site, etc.).

Accommodation service provider - an organization, individual entrepreneur providing accommodation services.

Accommodation services - the activity of the contractor for the accommodation of tourists and the provision of hotel, specialized (medical and health, sanatorium, sports, tourist and other services). "

In Russia, since July 1994, GOST R 50646-94 "Services to the population. Terms and definitions" has been put into effect. In accordance with this document, a service is understood as the result of direct interaction between the contractor and the consumer, as well as the contractor's own activities to meet the needs of the consumer.

The rules for the provision of hotel services in the Russian Federation are developed in accordance with the Law of the Russian Federation "On Protection of Consumer Rights" and govern relations in the provision of hotel services.

The contractor is obliged to bring to the attention of the consumer his firm name (name), location (legal address) and working hours. The contractor places the specified information on the sign.

The contractor - an individual entrepreneur must provide the consumer with information about his state registration and the name of the body that registered it.

The contractor is obliged to provide the consumer with the necessary and reliable information about the services in a timely manner, ensuring the possibility of their correct choice.

Contractor - a commercial organization is obliged to conclude an agreement with the consumer for the provision of services, except in cases where there is no possibility of providing services, including if the constituent documents of the contractor or a civil law agreement concluded with him stipulate the obligation of the contractor to provide services to the relevant category of persons in a certain manner ...

The contract for the provision of services is concluded upon presentation by the consumer of a passport or military ID, identity card, other document drawn up in the prescribed manner and confirming the identity of the consumer.

When registering a hotel stay, the contractor issues a receipt (coupon) or other document confirming the conclusion of an agreement for the provision of services

The Contractor, in accordance with the legislation of the Russian Federation, bears responsibility for harm caused to the life, health or property of the consumer as a result of defects in the provision of services, and also compensates for moral damage caused to the consumer by violation of consumer rights.

The consumer is obliged to comply with the rules of residence and fire safety rules established by the contractor.

The consumer has the right to refuse to execute the contract for the provision of services, as well as from additional services, subject to payment of the actual costs incurred by the contractor.

The consumer has the right to terminate the contract for the provision of services and demand full compensation for damages, if the contractor has not eliminated these shortcomings within the prescribed period.

Control over compliance with the rules for the provision of hotel services is carried out by the State Antimonopoly Committee of the Russian Federation (its territorial bodies), other federal executive bodies (their territorial bodies) and sanitary and epidemiological supervision bodies within their competence.