Legal regulation of the provision of hotel services. Coursework: Legal regulation of hotel service

22.08.2020

The activities of hotels are regulated by the Rules for the provision of hotel services, approved by Decree of the Government of the Russian Federation of April 25, 1997 No. 490 (hereinafter referred to as the Rules).

BASIC CONCEPTS

Hotel - a property complex (building, part of a building, equipment and other property) intended for the provision of services. And the performer is
an organization or an individual entrepreneur providing services for the provision of hotel services to consumers under a reimbursable contract.
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.
Relations between consumers and performers are 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 Consumer Rights Protection). It is understood 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. In addition, in cases where services are provided free of charge.
Let us add that seconded employees of the organization also stay in hotels. Can they be considered consumers? They can. According to Rospotrebnadzor, a consumer is a citizen who uses a service of a personal nature, albeit ordered for production needs, including a service for staying in a hotel on a business trip. It does not matter that the service was actually purchased by the organization, and not by the seconded worker (letter dated March 11, 2005 No. 0100/1745-05-32).
Thus, the relationship of hotels with guests will almost always be subject to the Consumer Protection Act. The exception is cases of free provision of services.

INFORMATION ABOUT THE PERFORMER

According to paragraph 3 of the Rules, the contractor must bring to the attention of the consumer his company name (name), location (legal address) and mode of operation. The contractor places the specified information on the sign. Entrepreneurs providing hotel services are obliged to provide the consumer with information about their state registration and the name of the body that registered it.
According to paragraph 4 of the Rules, the contractor is obliged to provide the consumer with the necessary information about the services in a timely manner, ensuring the possibility of their right choice. Namely: the list of services included in the price of the room (places in the room), the list and price of additional services provided for a fee.
In the room intended for registration of residence, in a place convenient for viewing, the following must be presented:
1) information about the performer and his contact phone number;
2) information about services, including:
- the price of rooms (places in the room), including the hourly rate, if it is set by the contractor (letter of the Gosstroy of Russia dated February 16, 2001 No. BP-738/12);
- an indication of the form and procedure for payment for services, including in case of non-compliance with the terms of their performance;
- a list of services included in the price of the room (place in the room). At a minimum, this list should include calling an ambulance, using a first-aid kit, delivering correspondence to the room upon receipt, waking up at a certain time, providing boiling water, needles, threads, one set of dishes and cutlery;
- list and price of additional services provided for a fee;
- the deadline for staying at the hotel, if it is set by the contractor;
- a list of categories of persons entitled to benefits, and a list of such benefits;
– the order of accommodation in the hotel;
– information about the work of enterprises located in the hotel Catering, trade, communications, consumer services, etc.
In addition, it is also necessary to display a certificate of assignment to the hotel of the corresponding category (if this was done), and the Rules for the provision of services and extracts from state standard establishing requirements in the field of rendering services;
3) information about the consumer rights protection authority under the local administration, if such an authority exists.
Each hotel room should contain information about the procedure for staying in a hotel, fire safety rules and rules for using electrical household appliances.
All information must be presented in Russian, and additionally, at the discretion of the performer, in the state languages of the subjects of the Russian Federation and the native languages of the peoples of the Russian Federation. The need to provide information on foreign languages The Consumer Protection Act does not. At the same time, it does not contradict the law and is widely used if the consumers are foreigners.

HOTEL SERVICE CONTRACT

In accordance with paragraph 1 of Article 426 of the Civil Code of the Russian Federation, a contract for the provision of hotel services (hotel services) is a public contract. The contract for the provision of services is concluded upon presentation by the consumer of a passport or military ID, identity card, other document issued in the prescribed manner and confirming the identity of the consumer.
The contract can be drawn up in any form established by the hotel itself. For example, confirmation of the conclusion of the contract may be a receipt (coupon) or some other document of the hotel, which must contain:
- the name of the artist (for individual entrepreneurs- surname, name, patronymic, information on state registration);
- last name, first name, patronymic of the consumer;
– information about the provided room (place in the room);
- the price of the room (place in the room);
- other necessary data at the discretion of the contractor.
That is, there are no mandatory requirements for the form of the contract. And the hotel administration can make it in any convenient form. A document confirming the conclusion of an agreement can even be an invoice in the form 3-G (it was approved by order of the Ministry of Finance of Russia dated December 13, 1993 No. 121). The judges come to the same conclusion. As an example, we can cite the decision of the Federal Antimonopoly Service of the Volga District dated November 24, 2005 No. A65-4581 / 2005-SA2-22, dated February 17, 2005 No. A55-7466 / 04-51.
The Contractor can set a limit on the length of stay at the hotel, the same for all guests. The hotel must provide round-the-clock registration of consumers arriving at the hotel and departing from it.
We add that a legal entity (most often as an employer paying for the accommodation of seconded workers) can also be a party to an agreement on the provision of hotel services. In this case, the parties may conclude an agreement in writing, but also by sending an offer by the hotel (for example, an invoice for payment containing all the necessary information) and acceptance by a legal entity (by paying the invoice). According to paragraph 1 of Article 433 of the Civil Code of the Russian Federation, the contract is recognized as concluded at the moment the person who sent the offer receives its acceptance.

COST OF HOTEL SERVICES

The price of the room (place in the room), as well as the form of its payment are established by the contractor.
The contractor can set a daily or hourly payment for accommodation.
The Contractor determines the list of services that are included in the price of the room (place in the room).
The consumer is obliged to pay for the service provided by the contractor in full after acceptance by the consumer. With the consent of the consumer, the service can be paid by him at the conclusion of the contract in full or by issuing an advance.
The hourly rate for hotel accommodation must be specified in the rules for the provision of services in this hotel and in the price list. The procedure for payment for hotel accommodation in case of delay is established by the administration. This order must be posted in a place accessible to the consumer.
In accordance with clause 13 of the Rules, payment for hotel accommodation is charged in accordance with a single checkout time - from 12 o'clock on the current day local time. When placed before the check-out time (from 0 to 12 hours), the accommodation fee is not charged. In case of delay in the departure of the consumer, the payment for accommodation is charged in the following order:
- no more than 6 hours after the checkout time - hourly payment;
- from 6 to 12 hours after the checkout time - payment for half a day;
– from 12 to 24 hours after the checkout time – payment for a full day (if there is no hourly payment).
For stays of no more than a day (24 hours), the fee is charged per day, regardless of the checkout time.
The Contractor, taking into account local peculiarities, has the right to change the single checkout time.
The rate for one person in a double room (without the right to share) may correspond to the price of a double room or be reduced at the discretion of the contractor.
As we have already said, the contractor is obliged to provide the consumer with the necessary and reliable information about the services in a timely manner, enabling them to make the right choice. This includes information on the price and conditions for the acquisition of relevant services (clause 2, article 10 of the Consumer Rights Protection Law), which, in turn, based on the requirements of clause 4 of the Rules, should include information about:
- the price of hotel rooms (places in the room);
– a list of services included in the price of the room (places in the room);
- list and price of additional services provided for a fee;
- the form and procedure for payment for services.
In accordance with paragraph 2 of Article 426 of the Civil Code of the Russian Federation, the price of services related to hotel services should be the same for all consumers, except in cases where the law and other legal acts allow the provision of benefits for certain categories of consumers.
Since, in the context of the relevant provisions of paragraph 4 of Article 426 of the Civil Code of the Russian Federation and Articles 1, 38 of the Consumer Protection Law, all the requirements of the Rules are mandatory for the contractor, the price of the room (place in the room) must be fixed in the contract for the provision of hotel services. Moreover, this price (both in the contract itself and in the information communicated to the consumer in the manner prescribed by paragraph 4 of the Rules), in accordance with the requirements of paragraph 2 of Article 10 of the Consumer Rights Protection Law, must be indicated in rubles.
According to the general rule, enshrined in paragraph 1 of Article 424 of the Civil Code of the Russian Federation, the performance of the contract is paid at a price established by agreement of the parties.
According to paragraph 1 of Article 432 of the Civil Code of the Russian Federation, an agreement is considered concluded if an agreement is reached between the parties in the form required in the relevant cases (paragraph 8 of the Rules) on all essential terms of the agreement. In this regard, given that, in accordance with paragraph 12 of the Rules, the price of a room (a place in a room), as well as the form of payment for it, are established by the contractor, the latter in each case is obliged to respect the right of consumers to timely receive information about the price of services in rubles.
The specified requirement of the Law on the Protection of Consumer Rights must be observed by the contractor both when setting the daily and when setting the hourly payment for accommodation.
According to Article 37 of the Law on the Protection of Consumer Rights, the consumer is obliged to pay for the services rendered to him in the manner and within the time limits established by the contract with the contractor. That is, by virtue of this civil law obligation, the consumer (as a debtor) is ultimately obliged to perform certain actions in favor of the hotel services provider (as a creditor) that involve the payment of funds (Article 307 of the Civil Code of the Russian Federation). At the same time, taking into account the provisions of Article 309 of the Civil Code of the Russian Federation, the named monetary obligation must be properly performed by the consumer in accordance with the terms of the obligation and the requirements of the law and other legal acts.
That is, under a hotel service agreement, each of the parties bears an obligation in favor of the other party: the contractor is obliged to provide the service in full compliance with the requirements of the Consumer Rights Protection Law and the Rules. This includes fulfilling the legal obligation to inform the consumer of information about the price of services in rubles, and the consumer to pay for these services in the same rubles according to the general rule established by paragraph 1 of Article 317 of the Civil Code of the Russian Federation, according to which monetary obligations must be expressed only in this national currency.
As for the provision of paragraph 2 of Article 317 of the Civil Code of the Russian Federation, according to which “a monetary obligation may provide that it is payable in rubles in an amount equivalent to a certain amount in foreign currency or in conventional monetary units”, it is not subject to unconditional application. for the following reasons.
First of all, in itself, the consumer's monetary obligation to pay for hotel services associated with the performance of certain actions on the part of the debtor (clause 1 of article 307 of the Civil Code of the Russian Federation) arises from an agreement with the contractor (clause 2 of article 307 of the Civil Code of the Russian Federation) . The contract, by virtue of paragraph 1 of Article 422 of the Civil Code of the Russian Federation, must comply with the rules binding on the parties established by law and other legal acts (in this case, the Rules for the provision of hotel services in Russian Federation), that is, the imperative norms described above.
In this regard, the provisions of paragraph 2 of Article 317 of the Civil Code of the Russian Federation, in their own way legal content which are a dispositive norm and characterize only one of the possible conditions for the fulfillment of a monetary obligation (determined by agreement of the parties) regardless of the type of contract and its subjects. With regard to public contracts with the participation of consumers, they can be applied insofar as they do not contradict the law or other legal act.
This means that in relation to an indefinite range of consumers, the contractor is obliged to provide information on the price of the relevant services in rubles (in the form established by the Rules). And in addition, by agreement with a specific consumer, determine that the above price in rubles and, therefore, the amount payable in rubles is calculated based on a certain exchange rate of a particular foreign currency (conditional monetary unit).
The Contractor is obliged to ensure the provision of benefits in the provision of services to those categories of citizens for whom such benefits are provided for by laws and other regulatory legal acts. As explained by the Gosstroy of Russia in a letter dated February 16, 2001 No. BP-738/12 “On the rules for the provision of hotel services in the Russian Federation”, “other regulatory legal acts” means decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation that determine the procedure and amount of benefits certain categories persons. Such clarifications are given in the Letter of Roszdravnadzor dated March 7, 2006 No. 0100/2473-06-32.
Discounts to the price of a room for WWII participants and children are determined by the hotel administration in agreement with the executive authorities. Discounts for an extra bed for a child compared to the rate set for adults are determined by the hotel administration in accordance with clause 12 of the Rules. Tariffs for services for individuals who independently settle in a hotel, and individuals who settle under agreements concluded by the hotel with legal entities, should be the same.
An organization (individual entrepreneur) has the right to conclude an agreement for booking rooms in a hotel by drawing up a document that is signed by both parties, or by receiving an application by mail, telephone or via the Internet. The main thing is to be able to reliably establish that the application comes from the consumer.
The Contractor has the right to independently determine the procedure for booking rooms in a hotel (letter of the Gosstroy of Russia No. BP-738/12).
If the consumer who booked the room is late, in addition to the booking fee, he will also be charged a fee for the actual downtime of the room (places in the room), but not more than for a day. If more than a day late, the reservation will be cancelled. In case of refusal of the consumer to pay for the reservation, his accommodation in the hotel is made in the order of the general queue.
The hotel is obliged to conclude a contract with the consumer for the provision of services, unless there is no possibility of providing services. Say, when the hotel is full or when founding documents or a civil law contract concluded with it, provides for the possibility of providing services only for a certain category of persons (clause 7 of the Rules). The consumer can use the services of any hotel, and no hotel has the right to refuse him service.

RIGHT TO CHOOSE ADDITIONAL SERVICES

Additional services provided for a fee cannot be forcibly imposed on a hotel guest. Moreover, according to paragraph 11 of the Rules, the consumer has the right to refuse to pay for them.
It is prohibited to condition the performance of certain services on the mandatory provision of others. Otherwise, the residing right to expect damages. For example, if you can check into a hotel only if you pay for breakfast, then such actions of the hotel administration may well be regarded as imposing a service. And, having paid for breakfast, the guest may demand a refund of its cost, even if he used breakfast.
Render Additional services for a fee without the consent of the consumer, the performer is also not entitled. For example, if the hotel included a fee for using the refrigerator in the room, while the consumer did not ask for such services, then the consumer has the right to refuse to pay for the use of the refrigerator, and if he has already paid for them, demand a refund of the amount paid.
In order to avoid disputes, Gosstroy of Russia in letter No. BP-738/12 explained that the contractor must set two tariffs for the cost of rooms - one including breakfast, the other without breakfast. The same applies to insurance of the property of the guest or his health insurance or other additional services.
The consumer's freedom of choice also lies in the fact that, in accordance with paragraph 20 of the Rules, he has the right to terminate the contract with the hotel at any time, paying for the time of the actual stay.

PROCEDURE FOR PROVIDING SERVICES

The quality of the services provided must comply with the terms of the contract. This is stated in paragraph 14 of the Rules. In other words, a quality service is recognized as a service that corresponds to the contract in terms of price, length of stay, type of room, agreed by the parties in the contract. additional requirements consumer. If such a contract is missing or incomplete, then the requirements usually imposed on these services.
In addition, the quality of the service must comply with the mandatory requirements of regulatory documents, including rules, standards, sanitary norms and regulations, and technical documents. For example, GOST R 51185-98 “Tourist services. Accommodation facilities. General requirements"(Approved by the resolution of the State Standard of Russia dated July 9, 1998 No. 286).
The material and technical support of the hotel, the list and quality of the services provided must comply with the requirements of the category assigned to it.
Paragraph 15 of the Rules states that the contractor is obliged to provide the consumer without additional payment the following types of services:
- call an ambulance;
- use of a medical kit;
– delivery of correspondence to the room upon its receipt;
- Wake up at a certain time;
- provision of boiling water, needles, threads, one set of dishes and cutlery.
Paragraph 17 of the Rules states: the contractor, in accordance with Article 925 of the Civil Code of the Russian Federation, is responsible for the safety of the consumer's belongings brought into the hotel. However, the hotel is responsible for the loss of money, currency values, securities and other precious things if they were accepted for storage or were placed by the guest in an individual safe provided by the hotel. The hotel is released from liability for the non-safety of the contents of such a safe if it proves that, under the conditions of storage, access to the safe by someone without the knowledge of the guest was impossible or became possible due to force majeure.
The announcement of the hotel that it is not responsible for the safety of the belongings of the guests does not relieve it of responsibility.
If forgotten things are found, the hotel administration is obliged to immediately notify their owner. If a person who has the right to demand a forgotten thing, or the place of his stay is unknown, the performer must report the find to the police or local government.
Paragraph 18 of the Rules determines that in public catering, communications and consumer services located in a hotel, persons living in it are served out of turn.
The consumer can terminate the contract for the provision of services at any time by paying the contractor a part of the price in proportion to the part of the service provided before receiving a notice of termination of the contract and reimburse the contractor for the expenses incurred by him up to this point in order to fulfill the contract, if they are not included in the specified part of the price of the service ( clause 20 of the Rules). At the same time, if the consumer terminates the contract with the hotel before the expiration of the day, payment is charged in accordance with paragraph 13 of the Rules (letter of the Gosstroy of Russia dated February 16, 2001 No. BP-738/12).

RESPONSIBILITY OF THE CONTRACTOR AND THE CONSUMER FOR THE PROVISION OF SERVICES

According to paragraph 27 of the Rules, control over their observance is carried out Federal Service for Supervision in the Field of Consumer Rights Protection and Human Welfare and other federal executive bodies within their competence.
If the guest has found deficiencies, then, at his choice, he may demand a reduction in the price of the service provided or the gratuitous elimination of deficiencies. Moreover, the requirement to reduce the price of the service provided must be fulfilled within 10 days from the date of its presentation, and to eliminate deficiencies - within an hour (clause 21 of the Rules).
But be aware. Article 30 of the Law on the Protection of Consumer Rights provides that a reasonable period for the elimination of defects is set by the consumer. This period is indicated in the document signed by both parties. And if during this time the contractor does not eliminate the shortcomings, then he must pay the consumer for each day (hour, if the period is defined in hours) of delay a penalty in the amount of 3 percent of the price of the service. The consumer, in turn, may refuse to fulfill the contract, that is, from paying for services. If the services have already been paid for, then the payment for them must be returned to the consumer at his request. If this is not done immediately, then in the future it will be necessary to return the money not in the amount actually paid by the consumer, but based on the price of the service in force at the time the consumer's claim is satisfied by the court.
The consumer also has the right to demand full compensation for losses caused to him in connection with the lack of the service provided. Losses are reimbursed within the time limits established to meet the relevant requirements of the consumer.
If significant shortcomings or significant deviations from the terms of the contract are found, the consumer has the right to terminate it. Let's say a consumer pays for a four-star hotel, but then it turns out that the hotel does not have a swimming pool, which is a mandatory requirement for hotels of this level. If the consumer was not informed about this at the conclusion of the contract, he has the right not to pay for the services, and if he paid, then demand the payment back. Thus, if the hotel cannot provide the service in accordance with the established requirements, it is better to notify the consumer in advance, preferably in writing.
If the consumer booked a room, but was not accommodated on time, or any additional service was provided by the hotel in violation of the deadlines, then on the basis of Article 28 of the Consumer Rights Protection Law, the consumer has the right to:
- establish a new term for the provision of services (new term for settlement), which should be reflected in the contract;
– demand a reduction in the price of an additional service (say, the price of a booking);
- refuse services, and if they were paid, then demand payment back.
True, with regard to the latter right, a reservation should be made: the payment is returned not in the amount of money actually paid by the consumer, but in the amount of the price of the service in force at the time the consumer submits a request for a refund or, if it is not voluntarily satisfied, at the time the court decides to recover .
If the check-in period is violated or additional services are not provided on time, then the hotel must pay the consumer for each day (hour, if the period is defined in hours) of delay a penalty in the amount of 3 percent of the room price (clause 5, article 28 of the law on consumer protection). The contract may set a higher amount of the penalty.
The penalty is collected before the actual fulfillment by the hotel of its obligations or the presentation of other requirements by the consumer in accordance with the Law on the Protection of Consumer Rights. We add that according to paragraph 5 of Article 28 of the Law on the Protection of Consumer Rights, the amount of the penalty cannot exceed the price of the service. However, if the contractor proves that the violation of the deadlines occurred due to force majeure or through the fault of the consumer himself, then the requirements of the guest are not subject to satisfaction.
In addition, the consumer has the right to demand compensation for losses, material and moral damage caused by the violation of his rights.
Losses are expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (actual damage). As well as lost income that this person would have received under normal conditions of civil circulation if his right had not been violated (lost profit). Such a definition is given in paragraph 2 of Article 15 of the Civil Code of the Russian Federation. However, by checking into a hotel, the guest is not going to extract any income, because he consumes the service. Therefore, he may demand compensation only for actual damage, but in the full amount in excess of the penalty (clause 2, article 13 of the Consumer Protection Law).
According to paragraph 24 of the Rules, the consumer is compensated for material damage. In other words, harm caused to the life, health or property of the consumer due to deficiencies in the service or its unsafety. Let's say if things were stolen from a resident's room. In this case, the hotel must reimburse the guest for the cost of the stolen suitcase. But if during the investigation it is established that the reason for the theft was a banal non-compliance by the guest with the rules of residence, then in this case the hotel is not obliged to compensate him for the harm (Article 14 of the Consumer Rights Protection Law). The hotel is also not responsible for the safety of things if the guest, who discovered the loss, shortage or damage to his things, did not immediately inform the administration about this (clause 3 of article 925 of the Civil Code of the Russian Federation).
According to Article 15 of the Consumer Rights Protection Law, the performer is obliged to compensate the consumer for moral damage caused by the violation of his rights. The amount of compensation for non-pecuniary damage is not defined by law. Therefore, in each specific case, it is determined by the court based on the nature and extent of the moral and physical suffering caused to the consumer. We add that the contractor compensates for moral damage, regardless of compensation for property damage and losses incurred by the consumer. The contract may also provide for additional liability of the contractor for violation of consumer rights.
Administrative responsibility is also provided. So, according to article 14.4 of the Code of Administrative Offenses of the Russian Federation, the provision of services to the population that do not meet the requirements of the standards, specifications or samples in terms of quality, completeness or packaging shall entail the imposition of an administrative fine on citizens in the amount of 1000 to 1500 rubles, on officials- from 2000 to 3000 rubles, for legal entities - from 20,000 to 30,000 rubles.
Article 14.7 of the Code of Administrative Offenses of the Russian Federation provides for a fine for deceiving consumers for citizens in the amount of 1,000 to 2,000 rubles, for officials - from 1,000 to 2,000 rubles, for legal entities - from 10,000 to 20,000 rubles.
For the provision of services that do not meet safety requirements, Article 238 of the Criminal Code of the Russian Federation establishes criminal liability.

I.A. FEOKTISTOV, tax consultant OOO Academy of Successful Business
ROSBUH magazine, July 2007

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 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 activities of hotels are subject to regulation by the Law of the Russian Federation "On the Fundamentals of Tourism in the Russian Federation", including in terms of determining the procedure for classifying objects of the tourism industry.

The relationship between the hotel and the guest is also subject to the provisions of consumer protection legislation.

The main legal act regulating the activities of hotels is the Rules for the provision of hotel services of October 9, 2015. For a long time in Russia, the Rules for the provision of hotel services, adopted back in 1997, were in force, which, of course, eventually 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 Decree of the Government of the Russian Federation of October 09, 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 define the main obligations and rights of the hotel and the guest, the grounds and procedure for filing claims, liability for violation of duties and causing harm, and other conditions.

Since the guest is a weak party in the relationship 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, amending and terminating the contract for the provision of hotel services.

The new Rules clarify the subject of regulation: in accordance with clause 2 of the Rules, their effect extends to the activities of hotels and other accommodation facilities. The rules do not apply to the activities of youth tourist camps and tourist bases, campsites, children's camps, departmental dormitories, rental of furnished rooms for temporary residence, as well as activities for the provision of places for temporary residence in railway sleeping cars and other vehicles. Citizens need to be especially attentive to the relationship of renting out furnished rooms for temporary residence - this is how the Rules define rooms and apartments rented out in resort areas in dry legal language. When formalizing relations with the owners of such rooms and apartments, it must be taken into account 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 providing 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 means of accommodation", which means 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 accommodation" appeared.

The figure of the “customer” is introduced - this is a person, an individual (legal) person who has the intention to order or purchase or order or purchase hotel services in accordance with an 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 contract with the hotel is intended to regulate the relationship of hotels with tour operators that enter into contracts with hotels in favor of their customers, as well as employers organizing trips for their employees (as in business purposes - business trips and for the purpose of organizing collective recreation for 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 vacations for employees organized on the territory of the Russian Federation (see the page of the bill on the official website 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 contractor (hotel) similar to the 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 procedure for interacting 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 contract, unless other requirements are provided for by federal laws or other regulatory legal acts of the Russian Federation. Thus, the principle of freedom of contract, formulated in the Civil Code as a fundamental principle of civil circulation, was consolidated in the Rules.

In addition, hotels have been granted 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 a room stock of 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 activity of such small family enterprises needs 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 so far established one special rule - an exemption from the obligation of the hotel to provide round-the-clock service to guests. It is possible that in the near future the needs of small accommodation facilities in terms of legal support and regulation will be reflected in the adoption of amendments to the Rules. It is worth adding that, in addition to the Rules, the rules on the procedure for classifying objects of the tourism industry apply to hotels, which will be discussed in more detail below.

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

The reservation 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, the customer (consumer), the category (type) of the booked room and its price, about the conditions of booking, about the terms of stay in the hotel, as well as other information determined by the contractor (hotel administration). In other words, booking is a kind of preliminary contract in which the parties reach an agreement on the essential terms of the contract for the provision of hotel services.

With a guaranteed reservation, the hotel expects the consumer until the checkout time of the day following the day of the scheduled arrival. In case of untimely cancellation of the reservation, delay or no-show of the consumer, he or the customer will be charged for the actual downtime of the room (place in the room), but not more than for a day. If more than a day late, the guaranteed booking will be cancelled.

In case of non-guaranteed booking, the hotel expects 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 reservation request. It should be noted that the Rules referred to the discretion of the contractor only the determination of the procedure 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, bookings are often made subject to advance payment of the cost of living for a short period, as a rule, for one day, or even in smaller amounts. In case of cancellation of the reservation, the payment made is not refundable. However, in Russia, in some particularly popular tourist destinations, there is a practice of booking on condition of payment for a stay of a longer period; in case of cancellation of the reservation, the amount paid is not refundable. It seems that such situations need additional elaboration within the framework of the Rules for the provision of hotel services.

According to paragraph 14 of the Rules for the Provision of Hotel Services, a reservation can be made in any form, including by drawing up a document signed by two parties, as well as by accepting a reservation request (hereinafter referred to as the application) through postal, telephone and other communications that allow you to establish that the application comes from the consumer or customer. The application form is set by the contractor ( those. hotel administration).

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Department of Service Economics

Socio-cultural service and tourism

Course work

Legal support of social and cultural services and tourism

Peculiarities legal regulation of hotel service

Completed by: Efimova M.L.

ZF Group - 709

Checked by: Ivlev S.V.

Novosibirsk 2010

Introduction

1. Characteristics of the regulatory framework

1.1 International normative and legal acts of hotel service

1.2 Russian regulations for the provision of hotel services

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

2.1 Legal history

2.2 Standardization and classification of temporary accommodation facilities

Conclusion

Bibliography

Introduction

The international hotel business occupies an important place in the modern world economy. At least in recent decades, it has been 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 world economy. Thus, the international hotel business can play an important role in solving the problems of integrating the domestic economy into the world economy, investing in the real sector of the economy, contributing to its restructuring, which is currently of exceptional importance for Russia, in which, despite the huge recreational potential and growth influx of foreign tourists, the hotel industry is very far from international standards. Of particular relevance to this topic is the fact that Russia will soon join the WTO, membership in which puts the national hotel business in completely new conditions. 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, mastering the experience and technologies of the international hotel business comes to the fore. Hospitality, or the activity of hotel companies in providing accommodation and related services to a wide range of people is the activity of providing hotel services.

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

Firstly, these are relations regarding the provision of accommodation and related services (booking rooms, receiving, accommodating and servicing guests, etc.)

Secondly, these are the relations that the hotel company enters into in connection with the logistics and maintenance of the hotel (water and electricity supply of the hotel, capital and Maintenance, purchase Supplies, furniture and equipment, etc.).

object This work will be an activity in the implementation of which relations subject to legal regulation arise to provide the guest with comfortable temporary accommodation and related services in the hotel.

Subject my work 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, protect the rights and interests of all participants in the hotel business.

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 regulations federal authorities.

1. Characteristics of the regulatory framework

1.1 International normative legal acts of hotel service

The hospitality industry as an economic activity includes the provision of hotel services and the organization of short-term accommodation in hotels, campsites, motels, school and student hostels, guest houses, etc. for a fee.

In international practice, the Standard Classification of Tourist Accommodation Facilities, developed by WTO experts, has been adopted. There are two categories: collective tourist accommodation facilities, which are divided into categories - hotels and similar accommodation facilities, specialized establishments, other collective establishments; and individual accommodation

A collective accommodation facility is understood as “any facility that regularly or occasionally provides tourists with accommodation to spend the night in a room or any other room, but the number of rooms that it has exceeds a certain minimum”, determined by each country independently (for example, in Russia -10 numbers, in Italy -7 numbers). Moreover, all rooms in this enterprise should be subject to 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 equipment available.

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

Hotels have the following features: they consist of rooms, the number of which exceeds a certain minimum, they have a single management; provide a variety of hotel services, the list of which is not limited to daily bed making, room and bathroom cleaning; grouped into classes and categories according to the services provided, equipment available and country standards; not included in the category of specialized institutions; focused on their segment of travelers; may be independent or be part of 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 bed making, room and bathroom cleaning. Specialized enterprises, in addition to providing accommodation services, perform some other specialized function, for example, organization of conferences, treatment. This includes health facilities, work and recreation camps. Other collective accommodation facilities provide limited hotel services, excluding daily bed making and housekeeping. They may not consist of numbers, but be units of the “dwelling” type. All funds are classified into separate groups.

The group “Hotels and Similar Businesses” includes hotels, apartment hotels, motels, road and beach hotels, accommodation 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 facilities" includes complexes of houses and bungalows organized as holiday homes, fenced areas for tents, caravans, mobile homes, bays for small boats.

To personal funds accommodation includes 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 means of accommodation is determined 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 enterprises for the reception of tourists - hotels, motels, rural tourist complexes and boarding houses, bases and recreation camps for youth, tourist villages, rural houses, houses and furnished apartments, houses recreation, youth homes, alpine shelters.

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

In different countries of the world, different 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 not been successful so far.

However, in 1989, the WTO Secretariat developed Recommendations on the interregional harmonization of hotel classification criteria based on standards adopted by the regional commissions. The recommendations define the minimum requirements for the 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 one star. In most countries, the provisional classification of a hotel is necessary condition when obtaining a license for hotel activities. Many hotel chains set their own, usually higher than national standards, requirements.

To protect the professional interests of hotel industry workers in a number of countries, national hotel associations are formed (for example, the Russian Hotel Association - RHA), which, in turn, formed the International Hotel Association (IHA), which is the leading international organization hotel industry. An important contribution of the IGA to the development of international tourism was the adoption in 1981 of the International Hotel Rules, which define the principles of the relationship between the client and the hotel administration and have not lost their relevance to this day.

The purpose of the International Hotel Rules is to codify generally accepted international trade practices governing hotel accommodation contracts. They are intended to inform the guest and the owner of the hotel about their mutual rights and obligations. These rules supplement the provisions provided for in national laws on contractual relations. They apply when such legislation does not include specific provisions relating to a hotel accommodation contract. The rules are in two parts, the first part is contractual relationship, the second - other obligations.

The person staying at the hotel is not necessarily a party to the contract; a hotel accommodation contract can be concluded on his behalf by a third party. In the Rules, the term "client" means an individual or legal entity that has entered into a contract for hotel accommodation and responsible for paying for this placement. The term "guest" means individual, which intends to accommodate or is accommodated in a hotel.

According to the accommodation contract, the hotel owner is obliged to provide the guest with accommodation and additional services. The services provided are expected to be in line with normal hotel services by hotel category, including use of the room and amenities normally provided for the general needs of guests. The customer is responsible for paying at the agreed price. The terms of the contract are determined by the category of the hotel, national legislation or instructions for the operation of the hotel (if any), International Hotel Rules and the internal rules of the hotel, which must be shown to the guest.

The contract does not have any particular form. It is considered concluded when one party accepts the terms offered by the other party. The term of the contract can be concluded for a fixed or indefinite period. When the contract is concluded for an approximate period, the shortest period is considered to be agreed.

The accommodation agreement ends at 12:00 on the day following the day of the client's arrival, unless the agreement stipulates and agrees on accommodation for longer than one day.

In the event that the contract is not fully or partially performed, the guilty party is obliged to fully compensate the other party for all its losses. The injured party undertakes to take all necessary measures to reduce possible losses. If the hotel owner cannot fulfill the contract, he must make arrangements to find another accommodation of equal or higher standard in the same area. All additional expenses resulting from this must be covered by the hotel owner. If he fails to do so, he will be liable for compensation. The end of the contract is agreed by the parties on a mutual basis. The hotel may request full or partial advance payment. If the hotel receives a certain amount of money from the client in the form of an advance, this should be considered an advance payment for the accommodation and additional services to be provided. The hotel must return the money paid in advance in the amount of the excess of the advance payment over the amount required to be paid, unless it has been agreed in advance that this advance payment is non-refundable. The invoice becomes effective from the moment of its delivery.

Any serious or repeated breach of contractual obligations entitles the affected party to terminate the contract immediately, without prior notice.

The second part of the Rules refers to the responsibility of the owner of the hotel and the guest. The legal liability of the hotel owner is determined by national law. In the absence of relevant provisions in national legislation, the provision of the European Convention of December 17, 1962 should be adopted. Liability for the guest's property is usually limited, except in cases where the fault of the hotel owner or his employees is obvious. The obligation of the hotel to accept valuables depends on the size and category of the hotel.

The guest (client) is legally liable to the hotel owner for any damage to persons, building, decoration or equipment, due to his established fault. The hotel, as a guarantee of payment of any amounts due to it, has the right to detain and subsequently sell at a commercial value any property delivered by the guest to the hotel premises. The guest must behave in accordance with the customs and internal regulations adopted in the hotel. A serious or repeated violation of the internal regulations gives the hotel the right to terminate the contract immediately, without prior notice. If the guest wants to bring a pet with him to the hotel, he must first make sure that this is allowed by the internal regulations of this hotel.

In European practice, in the event of a discrepancy between the services provided in the tour, the amount of compensation received by the tourist by agreement of the parties or by a court decision is determined. The amount of compensation is taken from the Frankfurt table. The table is used if it is adopted by a departmental act in force in the given territory, or is included by the parties in the contract for the provision of tourist services. The Frankfurt table determines the amount of compensation to tourists for services ordered but not provided. It is a public document and is recommended by European tourism law for the settlement of relations between operators and customers. The table has been around for decades and, although not legally binding, has been used successfully in dispute resolution. The Frankfurt table was once developed by associations of tour operators in Germany to unify the rules for indemnifying tourists for services not provided at all or of poor quality. Of course, this table is advisory in nature, but with German meticulousness it lists all the typical claims that a client can make to a travel agency, and determines the amount of compensation. The table has sections "Accommodation", "Meals", "Other", "Transport". Each specified type of violation corresponds to a certain amount of compensation, expressed, as a rule, as a percentage of the cost of the relevant service or group of services. Some types of violations are accompanied by notes that allow you to clarify the percentage that should be applied in each specific case. When using the Frankfurt table, it must be borne in mind that the percentages indicated in it must be calculated based on the cost specific service . If its cost cannot be singled out, then it is necessary to be guided by the cost of the group of services, of which the “underproduced” service is a part. When grouping services, it is recommended to follow the classification adopted in the table itself: by accommodation, by food, by transport, etc. In practice, sometimes it is not possible to distinguish between complexes of services - for example, those related to accommodation and meals. Then the complex cost of these two groups of services is taken, while the proportion of compensation indicated in the table, expressed in percentage intervals, is reduced accordingly. The Frankfurt table was developed and is used as a universal document, that is, it covers all types of damage caused to tourists, with the exception of compensation for harm caused to human life and health, as well as property (luggage, things) lost by a tourist due to the fault of a travel agency or hotel. The amount of these types of damage can be calculated and compensated separately. When using the table, it must be taken into account that minor damage is not taken into account, the percentage does not depend on the personal qualities of individual tourists (age, gender, sensitivity or insensitivity to anything). But as an exception, the percentages can be increased (the largest percentage increase is 50%) if the tourist's special personal qualities or shortcomings were known to the travel agency when he bought the trip. Under the “Other disadvantages” section, a reduction is not provided if the damage to the tourist was obvious and unprovable in advance. The percentage rate is taken from the full price (including the cost of transport). These tables are now beginning to be applied in our country. They contain specific amounts of compensation for causing inconvenience to tourists. The tables are not our law, so Russian courts cannot use them as a basis for determining the amount of a fine. Another thing is if the contract between the travel agency and the citizen expressly stipulates that the Frankfurt tables are used in determining penalties. According to them, if the air conditioner is not working, compensation should be from 10 to 20% of the cost of the tour, depending on the season. If the room was poorly or rarely cleaned, you can claim a refund of 5 to 10% of the cost of the tour. Also, from 5 to 10% is reimbursed if the menu was monotonous or insufficiently hot food was served. From 20 to 30% can be obtained by proving that the food was spoiled. Therefore, the activity of foreign tourists becomes understandable, seeking to fix any inconvenience or malfunction in writing with our guide-interpreters. Except material damage, the tourist has the right to demand compensation for non-pecuniary damage if the fault of the tourist organization is proven. The amount of compensation is determined directly in court and depends on the degree of physical and moral suffering caused to a citizen by a violation of his rights.

1.2 Russian regulations for the provision of hotel services

The 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 are guaranteed in the Russian Federation ...”, and also enshrines fundamental rights and freedoms of man and citizen, important for this area, including the right to move freely, choose the place of stay and residence, the right to rest.

In the Civil Code of the Russian Federation, services are singled out as an independent object, and Chapter 39 of the Civil Code of the Russian Federation "Payable provision of services" is devoted to the regulation of contractual relations for the provision of services. However, in the list of services there is no indication of hotel services (Clause 2, 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 following 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 tourism 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 integral part tourism product. Hence it follows that state regulation The sphere of tourism activities is very significantly affected by the provision of 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 that arises 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 performers, 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 main guarantees of the rights of investors to investments and the income and profit received from them, the conditions entrepreneurial activity in the Russian hotel market.

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 voluntary fulfillment 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.

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 referred to as the Rules for the provision of hotel services, which were adopted by Decree of the Government of the Russian Federation of April 25, 1997 No. 490 and Decree of the Government of the Russian Federation No. 693 of September 15, 2000 clarifications, in accordance with the Law on the Protection of Consumer Rights. The Rules for the provision of hotel services contain definitions 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 solely for personal, family, household and other needs not related to entrepreneurship. Relations between consumers and performers are 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 Consumer Rights Protection). It is clear that this document does not apply to legal entities, as well as entrepreneurs who use, purchase, order, or have the intention 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 the tour operator and included in the complex tourist service, which is sold to the tourist. At the same time, the tourist does not directly enter 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 not always the consumer and the customer are the same person. And according to the Rules for the provision of hotel services, a consumer is a person who both orders a hotel service and uses it. That is, using a hotel service alone is not enough for a citizen to become a consumer. Accordingly, they are deprived of legal regulation of relations for the provision of hotel services, when services are ordered by a legal entity, but are performed by a citizen.

The rules provide:

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 registering hotel accommodation and paying for services, about the procedure for concluding contracts for booking rooms in the 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, about the details of the receipt or other document issued to the consumer when registering for a hotel stay, etc.;

· The procedure for the provision of services, a list of types of services provided by the contractor at no additional charge, the contractor's responsibility for the safety of the consumer's belongings;

The opportunity for the consumer, upon detection of shortcomings in the service provided, to demand free elimination of shortcomings or a corresponding reduction in the price for the service provided, or to terminate the contract for the provision of services and demand full compensation for losses if the contractor has not eliminated these shortcomings within the prescribed period;

The possibility for the consumer to refuse to fulfill the contract for the provision of services, subject to payment to the contractor of the expenses actually incurred by him;

Responsibility of the contractor for harm caused to life, health and property of the consumer due to 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;

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

Other rights and obligations of the contractor and the consumer.

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

2.1 Legal history

I will not dwell on the history of the development of the hotel business. Let me just say that it arose with the emergence and development of people's needs for communication and the need to make various kinds of trips, mainly related to trade.

The lively social life during the period of the Roman Empire contributed to the emergence of inns of various comforts (boarding house, kumpons, stabules), which were under the constant supervision of state officials (aediles). It was during this period that the rules of liability of the inn for things belonging to the guest were formed and are currently in force. Inns kept lists of guests, accounting, paid taxes and fees to the state.

However, the first legal acts known to us that legalized legal status inns as subjects of economic relations appeared in the 18th century. In the conditions of medieval England, crime on the roads was so high that the roadside inn, in case of need for protection from robbers, was the only reliable shelter. The traveler, who was denied admission, was doomed to robbery, and possibly death. The main human need for survival was the reason for the adoption of a law according to which the owners of inns were obliged, under the threat of closing their establishments, to accept without any discrimination any traveler for such a time. what he needed to recuperate, provided, of course, that the guest paid for the accommodation and that the room was not overcrowded. At the same time, the owner of a tavern or tavern, serving local residents, had the opportunity to limit the number of his customers, since it was believed that the local residents, namely, they were his main customers, knew the true state of affairs on the roads.

The very first known rules for organizing hotel business in Russia were the rules introduced in Novgorod in foreign hotel yards starting from the 12th century. The Baltic was from that time the center international trade predominantly with German cities. In Novgorod there were foreign gostiny yards: Gothic, Danish, Swedish, as well as Russian yards - Pskov and Tver. The formation of trading yards in foreign lands undoubtedly required the drawing up of certain rules for the behavior and trade of merchants, for which skra was created, which means "book of laws". In the Gostiny Dvor, the Skra determined the rules for use, behavior, accommodation, internal regulations and relationships with local population all users without exception. Fines were imposed on violators. This is the oldest legal document that has survived to this day, which was the basis for the organization of the hotel business.

The 19th century was marked by official legal confirmation of the creation of hotels and restaurants, due to the adoption on February 2, 1821 of the “Regulations on hotels, restaurants, coffee houses, taverns and taverns”. This Regulation indicated who could contain these establishments. As well as the rules regarding the operation of hotel establishments, their internal arrangement and equipment, as well as a list of persons who were forbidden to be in these establishments.

In 1964, the Civil Code was adopted, in which the relations that develop in the hotel industry were classified as housing relations. True, in order to streamline the relationship between citizens and service personnel, the Rules of Internal Regulations in hotels were introduced, which were administered by the local Soviets of the RSFSR. Also approved were standard job descriptions for middle and junior service personnel of communal hotels of the RSFSR. But, the activity of providing hotel services for the first time received legal regulation with the adoption of the new Civil Code of the Russian Federation in 1994 (Civil Code of the Russian Federation). Currently, this is the same Civil Code of the Russian Federation, but with changes (dated February 20, August 12, October 24, 1997, July 8, December 17, 1999, April 16, May 15, 2001, March 21, November 14, 16, 2002, January 10, March 26, November 11, December 23, 2003, November 1, 2008, To date, the best lawyers in the country, on behalf of the President of Russia, have prepared new changes, November 13, 2010. on the website of the Higher Arbitration Court RF published draft amendments to the Civil Code of the Russian Federation).

The Civil Code of the Russian Federation is a law that is universally applied by legal entities and citizens of the Russian Federation, aimed at stable regulation of the relations that have developed as a result of reforms. The Civil Code of the Russian Federation defines the basic rights and obligations of entrepreneurs, ensures and protects the economic and personal rights of citizens, establishes rules on property and market turnover. Regulates the business system in the hotel and restaurant business, law enforcement and contractual relations.

The Civil Code of the Russian Federation does not contain special rules governing the provision of hotel services; however, Chapter 39 of the Civil Code of the Russian Federation defines general model service contracts. And since the contract for the provision of hotel services is considered a type of contract for the provision of services for a fee, therefore, the norms of Chapter 39 of the Civil Code of the Russian Federation apply to it.

2.2 Standardization and classification of temporary accommodation facilities

State regulation of activities for the provision of hotel services is carried out through the legal regulation of this area and the creation of favorable conditions for its development. One of the directions of state regulation of activities for the provision of hotel services is the creation of special structures that conduct state policy in this area. This federal executive body is the Federal Agency for Tourism (Rostourism). Rostourism is under the jurisdiction of the Ministry of Sports, Tourism and Youth Policy of the Russian Federation. In terms of regulating hotel activities, Rostourism performs the following functions: it performs a comprehensive analysis and forecasting of this area in the Russian Federation, including the identification of priority areas in state regulation, develops and submits draft laws, regulations and other documents to the Government of the Russian Federation, and independently adopts regulatory legal acts on issues related to the regulation of hotel activities, summarizes the practice of applying the legislation of the Russian Federation in this area. To perform these functions, the structure of Rostourism provides for the Department of Analysis, Forecasting and Organization of Hotel and Tourism Activities and the Legal Department.

The second state regulatory body, along with Rostourism, is the Federal Agency for Technical Regulation and Metrology (a department of the Ministry of Industry and Energy), in particular its technical committee for standardization (TC 199 "Tourist services and services of accommodation facilities"). The main task assigned to this committee is to improve the standardization system in the field of hotel activities, and main function– development of national hotel standards.

Rostourism does not have territorial bodies at the level of subjects of the Russian Federation. State regulation of hotel activities in the constituent entities of the Russian Federation is carried out by the executive authorities of the constituent entities

The most important instruments of state regulation of the activities of hotel organizations and protection of the rights of consumers of hotel services are licensing, standardization and certification. Article 17 federal law dated August 8, 2001 No. 128-FZ "On licensing certain types activities”, hotel activities are not mentioned here. Therefore, it can be carried out without a license.

According to Part 3, Article 4 of the Law on Tourism Activities, state regulation of the provision of hotel services is carried out by standardizing and classifying objects of the tourism industry, which include, first of all, hotels. The standardization of services in our country is regulated by the Law on Technical Regulation. With regard to services in general and to hotel services in particular, this law defines technical regulation as the legal regulation of relations in the field of establishing and applying, on a voluntary basis, requirements for the provision of services, as well as assessing and confirming the compliance of services with these requirements.

Article 18 of the Law on Technical Regulation states that such requirements may take the form of standards or contracts. Other forms of documents establishing the composition and content of voluntarily applied requirements for services are not provided. The Law on Technical Regulation does not allow the application of procedures for mandatory confirmation of compliance of services with any requirements and forcing to carry out voluntary confirmation of conformity, including in a certain system of voluntary certification. The voluntary certification system can be created by any legal entity or individual entrepreneur or several legal entities or individual entrepreneurs. The voluntary certification system can be registered with the Federal Agency for Technical Regulation and Metrology. Thus, we can conclude that in Russia hotel services are not subject to mandatory certification. They are subject only to voluntary confirmation of compliance with any criteria, and these criteria do not need to be registered; they can be developed and used by any organization.

By order of the Federal Agency for Technical Regulation, GOST R 51185-2008 “Tourist Services. Accommodation facilities. General requirements” Three groups of requirements can be distinguished. Firstly, the requirements for hotels in general: the availability of lighting, hot and cold water supply, sewerage, heating, ventilation, landscaped adjacent territory, convenient entrances for cars and buses, etc. Secondly, the requirements for the room: the minimum allowable area, the mandatory presence of certain furniture, inventory and items of sanitary and hygienic equipment, as well as certain equipment and an equipped bathroom. Thirdly, there are a number of requirements for hotel staff: the need professional qualifications corresponding to the work performed, the duty of the staff to show courtesy and goodwill, as well as to create an atmosphere of hospitality.

The following terms are used in the Standard: “accommodation facilities”, “tourist”, “accommodation facilities services”. Accommodation facilities are divided into collective and individual. Collective accommodation facilities include: hotels and similar accommodation facilities: hotels, motels, clubs, boarding houses, furnished rooms, hostels; specialized accommodation facilities: sanatoriums, dispensaries, labor and recreation camps, tourist and sports recreation centers, hunter's houses, congress centers, campsites. Individual accommodation facilities include: apartments, rooms in apartments, houses, cottages for rent. This GOST is intended for use by legal entities and individual entrepreneurs providing accommodation services, that is, including hotel companies. The application of this GOST is voluntary. [ 2, p. 62]

In Russia, there is a national voluntary certification system for hotel services, based on the classification of hotels according to the system of the number of "stars" in accordance with the "classification system of hotels and other accommodation facilities." (Order of the Federal Agency for Tourism dated July 21, 2005 No. 86 "On approval of the classification system for hotels and other accommodation facilities").

Note that the classification of services is carried out on a voluntary basis. Based on its results, the hotel is assigned a category, which is indicated by stars. The lowest of the assigned categories is indicated by one star, and the highest by five.

The central certification body is the body that leads the certification system or the system of certification of homogeneous products. The central authority for certification of accommodation services is the Department of Tourism of the Ministry of Economic Development of Russia.

The central authorities lead the certification system and perform certain functions of state bodies: they organize work in the system and coordinate the activities of all participants, establish rules for the certification procedure and system management, consider complaints from applicants (economic entities) about incorrect actions of certification bodies and testing centers accredited in this system. As a rule, the central body does not directly carry out work on certification. Decisions of the central bodies of certification systems on appeals can be appealed to the appropriate government body.

It should be noted that the problem of developing uniform requirements for assessing hotels is in the focus of attention of specialists around the world. There have been repeated attempts to adopt a single world standard for hotel services. To date, these attempts have not been successful, primarily due to the national and historical features of the tourism industry. different countries. However, in 1989 the Secretariat of the World Tourism Organization (WTO) issued recommendations for inter-regional harmonization of hotel classification criteria. This document is considered as international standard, but it is purely advisory in nature.

In this certification system, as in GOST, there is a significant drawback: their application is voluntary. Therefore, no one can force hotel companies to provide services in accordance with the requirements of GOST or to obtain a category certificate within the framework of the Hotel Classification System and other means. It is clear that companies offering poor quality services will either not be certified at all, or they will do it under another system created under the Law on Technical Regulation, and absolutely legally be able to receive even the highest category within their own compliance system. It is difficult to compare the quality of services qualified by different systems. Hence, the customer can receive a service much lower than the one he intended to receive. It is important to note that an attempt was made to solve this problem by the state. In particular, the classification system for hotels and other accommodation facilities was approved by the Government of the Russian Federation in order No. 1004-R dated July 15, 2005. This indicates that the state, represented by the federal executive authority in the field of tourism, acts as a guarantor that the hotel really meets all the requirements for the category that were assigned to this hotel.

However, this did not solve one of the problems: certification did not become mandatory, which means that the Customer is not provided with reliable information about the category of the hotel and the quality of hotel services.

Conclusion

In this paper, the features of the legal regulation of hotel service were considered. The unreasonable position of the legislator in matters of regulating the quality of hotel services was revealed. And the quality of hotel services is an important factor in the development of international and domestic tourism, which, in turn, contributes to the development of the economy of our country, an increase in budget revenues, and the creation of new jobs. The existing system of voluntary confirmation of compliance not only does not improve the overall quality of hotel services in the country, but, on the contrary, creates confusion and prerequisites for abuse by unscrupulous hotel companies. Here I agree with the recommendations of Zhmulina, who proposes to introduce mandatory certification in Russia.

Based on the analysis of legal acts in the field of hotel services, we can conclude that the current domestic regulation of this activity is incomplete. There is no regulation of relations with the participation of legal entities on the side of the customer of the service and individual entrepreneurs acting as a customer and recipient of services. In the book of Zhmulina D.A. recommendations are also given on making some corrections and additions to the Rules for the provision of hotel services, with which it is impossible not to agree.

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Legal regulation of the provision of hotel services. Coursework: Legal regulation of hotel service

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