International hotel rules. Approved by the Council of the International Hotel Association November 2, 1981 Kathmandu, Nepal. The aim is to codify the generally accepted international trading practices regulating the issues of the contract for accommodation in a hotel. They are designed to inform the guest and the owner of the hotel about their mutual rights and obligations. These rules are in addition to the provisions provided for in national laws on contractual relations. They apply where such legislation does not include specific provisions relating to a hotel accommodation contract. The rules stipulate: an accommodation agreement, its form, validity period, its execution and non-performance, termination of the agreement, payment, violation; responsibility of the hotel owner, guest/client, delay of guest property, guest conduct, pets, occupation and vacating the room.

International hotel convention concerning the conclusion of contracts by hotel owners and travel agents of June 15, 1979. The Convention is intended to regulate the signing and execution of hotel contracts concluded by travel agents and hotel owners. The Convention applies to hotel contracts of an international character concluded between hoteliers and travel agents whose location or location of their establishments is registered in different states. The Parties express their intention to apply this Convention as a guide to the settlement of disputes arising privately between owners and travel agents in court or arbitration. The convention deals with: hotel contracts, types, general rules for two types of contracts, the conclusion of a hotel contract, payments to the owner of the hotel, payments to the travel agent, cancellations, general mutual obligations, contracts for the provision hotel services individual clients, contracts for the provision of services to groups of tourists, dispute resolution, rules for resolving disputes in arbitration

World Tourism Organization - establishment of the United Nations. Leading international organization in the field of tourism. Established in 1925 as the International Congress of Official Tourist Associations in The Hague.

WTO regularly provides the necessary recommendations facilitation of tourism formalities. Previously, the WTO Executive Council had a Facilitation Committee, which was responsible for the whole range of issues related to the problems of the movement of tourists, both internationally and nationally. In October 1994, it was merged with the Committee on Safety in Tourism and became known as the WTO Committee on Quality in Tourism Services. At the meetings of the Committee, approaches to the development of measures for the safety and protection of tourists are considered, reports are heard on the need to have a tourist police in major tourist centers of a particular country based on the already existing experience of other states in this direction.

Simplification of tourist trips and travels is a comprehensively thought-out and coordinated policy of the state and the actions of its specific government bodies, primarily the national tourism administration, to develop and encourage tourist trips, provide tourists with the necessary social and economic security, as well as qualified medical and other assistance, and protect them. property, health, personal rights and dignity.

The European hotel market has one system standardized information, adopted on December 23, 1986 by the Council of Ministers of the European Community, consisting of a huge number of pictograms. The purpose of the system of standardized information is to make it easier for tourists to stay in Europe, to overcome the existing problems in reading guidebooks, catalogs, prospectuses associated with accommodation enterprises. This system is convenient and has a number of advantages. It is objective, informative, easy to manage, controllable through the use of existing consumer protection legislation that does not allow misleading interpretations.

YES. ZHMULINA,
Competitor of the Department of Commercial Law, Faculty of Law, St. Petersburg State University

In an article based on a detailed analysis current legislation the system of state regulation of activities for the provision of hotel services in Russian Federation, and also formulated proposals for improving the regulation of this area.
In the field of providing hotel services, many people are involved who serve great amount consumers. This is not an entrepreneurship designed for a narrow circle, but an industry that offers conditions for recreation to modern society with its diverse demands.
State regulation activities for the provision of hotel services is carried out through regulatory legal regulation in this area, as well as through the standardization and classification of hotels and other accommodation facilities, creating favorable conditions for investment in the hotel industry.
The legal regulation of services, in particular hotel services, begins with the Constitution of the Russian Federation, which states that the Russian Federation guarantees the unity of the economic space, the free movement of goods, services and financial resources(part 1, article 8), as well as the fundamental rights and freedoms of a person and citizen, important for this area, including the right to move freely, choose a place of stay and residence (part 1, article 27), the right to rest ( part 5 article 37).
In the Civil Code of the Russian Federation, services are singled out as an independent object of rights (Articles 1, 2, 128, etc.). Chapter 39 “Paid services” of the Civil Code of the Russian Federation is devoted to the regulation of contractual relations for the provision of services, the significance of which lies in the fact that it lays the foundation for civil legal relations not yet named in this code. Among them are relations for the provision of hotel services. In paragraph 2 of Art. 779 of the Civil Code of the Russian Federation, containing a list of services, hotel services are not specified. However, this does not mean that the rules of Chapter 39 of the Civil Code of the Russian Federation do not apply to such relations, since the list of services provided is not exhaustive.
The next source of legal regulation of activities for the provision of hotel services is the Federal Law of November 24, 1996 No. 132-FZ “On the Basics tourism activities in the Russian Federation” (hereinafter referred to as the Law on Tourism Activities). This law applies to hotel activities only indirectly. From the conceptual apparatus of the Law on Tourism Activities, it becomes clear that hotel activities cannot be classified as tourism or other travel activities.
At the same time, the Law on Tourism Activities classifies hotels as objects of the tourism industry, and in Art. 4 declares the development of the tourism industry, which provides for the needs of citizens when traveling, that is, in fact, the development of hotels, as one of the main goals of state regulation of tourism activities.
The Law on Tourism Activities also defines that accommodation services are integral part tourism product, and activities for the formation, promotion and implementation of a tourism product are tourism activities. Thus, we can say that the state regulation of the sphere of tourism activities very significantly affects 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” (hereinafter referred to as the Consumer Rights Protection Law), which regulates the relationship that arises between the consumer and the service provider, including and hotel, establishes the rights of consumers (to purchase services good quality safe for their life, health and property; to receive information about the services and their performers; on state and public protection of consumer interests), and also determines the mechanism for exercising their rights.
Law of the RSFSR dated June 26, 1991 No. 1488-1 “On investment activity in the RSFSR”, federal laws No. 160-FZ of July 9, 1999 “On Foreign Investments” and No. 39-FZ of February 25, 1999 “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 invest and incomes and profits received from them, conditions entrepreneurial activity investors in the Russian hotel market.
Federal Law No. 184-FZ dated December 27, 2002 “On Technical Regulation” (hereinafter referred to as the Law on Technical Regulation) is extremely important for regulating the quality of services, since it regulates the relations arising from the development, adoption, application and execution on a voluntary basis of requirements for the provision of services .
Among the sources of legal regulation of relations for the provision of hotel services, the key ones are the Rules for the provision of hotel services in the Russian Federation, approved by Decree of the Government of the Russian Federation of April 25, 1997 No. 490 (hereinafter referred to as the Rules for the provision of hotel services).
These rules are adopted in accordance with the Consumer Rights Protection Law and contain rules governing the procedure for providing information about hotel services, the procedure for registering hotel accommodation and paying for services, the procedure for providing services, and the responsibility of the contractor and consumer.
The rules for the provision of hotel services contain definitions key concepts for the provision of hotel services. Thus, a hotel is defined as a property complex (building, part of a building, equipment and other property) intended for the provision of services. However, this definition seems to be not quite correct and does not correspond to the realities. modern relations in this area.
The consumer of services, according to the Rules for the provision of hotel services, is a citizen who intends to order or order and use services exclusively for personal, family, household and other needs not related to business activities.
Thus, if you follow the Rules for the provision of hotel services, citizens who carry out any activity aimed at generating profit during their stay at the hotel, including citizens who perform their duties under a civil law contract (for example, lecturers , lawyers, solicitors). It is ambiguous when the Rules for the Provision of Hotel Services classify as consumers citizens sent on a business trip by order of the employer in accordance with labor law and performing during their stay at the hotel their labor obligations. In such a situation, an employer, a legal entity or an individual entrepreneur orders hotel services, who sends his employee on a business trip, including for the purpose of making a profit, and the employee consumes the services, which is a “tool” for making a profit.
Consequently, the Rules for the provision of hotel services, which regulate the key points in relations for the provision of hotel services, are designed only for a narrow area of ​​relations, which include relations with the participation of consumer citizens on the side of the recipient of the service.
State standard of the Russian Federation GOST R 51185-98 “Tourist services. Accommodation facilities. General requirements”, approved by the Decree of the State Standard of Russia dated July 9, 1998 No. 286, contains a number of rules governing the provision of hotel services. However, according to Art. 46 of the Law on Technical Regulation, the aforementioned GOST is subject to mandatory execution only in the part that ensures the achievement of the goals of the Russian legislation on technical regulation.
GOST R 51185-98 defines such concepts as “accommodation facilities”, “accommodation facility services”, “accommodation facility service provider”, classifies accommodation facilities, limiting them to a simple enumeration.
Summing up the analysis of regulatory legal acts in the field of hotel services, we can conclude that the current domestic regulation of this activity is incomplete. Legal regulation of public relations in this area is carried out mainly at the sub-legislative level.
The qualitative level of legal regulation of activities for the provision of hotel services is obviously low and insufficient for successful development hotel industry in our country. In order to improve the effectiveness of the legal regulation of relations for the provision of hotel services, it is necessary, from our point of view, to finalize the Rules for the provision of hotel services, it is necessary to establish special rules on the regulation of business relations in this area. Article 17 of the Federal Law of 08.08.2001 No. 128-FZ “On Licensing certain types activities” contains an exhaustive list of activities subject to mandatory licensing. Activities for the provision of hotel services are not included in this list; accordingly, licensing in this area is not carried out.
According to part 3 of Art. 4 of the Law on Tourism Activities, state regulation of the tourism industry, which, as we noted earlier, primarily includes hotels, is carried out by standardizing and classifying objects of the tourism industry. From our point of view, this area of ​​state regulation is extremely important and necessary, as it implements the right of consumers to information about the provider of accommodation services and about the services themselves in accordance with Art. 8 of the Consumer Protection Act.
Article 5 of the Law on Tourism Activity establishes the rule that the standardization and classification of objects of the tourism industry is carried out in accordance with the legislation of the Russian Federation.
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. The Law on Technical Regulation establishes that such requirements may exist in the form of standards or contracts. This law does not provide for any other forms of documents establishing the composition and content of voluntarily accepted requirements for services. The Law on Technical Regulation also does not allow the application of procedures for mandatory confirmation of compliance of services with certain requirements and forcing voluntary confirmation of compliance, 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 and (or) individual entrepreneurs. The voluntary certification system may be registered with the Federal Agency for Technical Regulation and Metrology, but may not be registered.
It can be concluded that in Russia hotel services are not subject to mandatory certification, only voluntary confirmation of compliance with any criteria is necessary, and it is not necessary to register these criteria, they can be developed and applied by any organization. This means that the establishment and application of standards in this area, if we follow the Law on Technical Regulation, is completely removed from the jurisdiction of state bodies.
However, the state is actively involved in the development of criteria for assessing the quality of hotel services.
Thus, the Ministry of Economic Development of Russia, by order of June 21, 2003 No. 197, approved the Regulations on state system classification of hotels and other accommodation facilities. This hotel classification system existed for two years and was canceled in connection with the order of the Federal Tourism Agency dated July 21, 2005 No. 86 “On approval of the Classification System for hotels and other accommodation facilities (hereinafter - Order No. 86). This Classification System for hotels and other accommodation facilities (hereinafter referred to as the Classification System) is currently in use. Let's take a closer look at this document.
First of all, in our opinion, the very concept of "classification system" in the context of the document and in the light of the concepts and definitions of the Law on Technical Regulation, as well as from the standpoint of the vocabulary of the Russian language, is incorrect. The concept of "classification" in its encyclopedic meaning is a way or process of dividing a set of objects into classes, in this case - into categories, denoted by the number of stars. Classification in the system under consideration is understood as the process of assigning a particular hotel to a classification group - category. This process consists of two consecutive steps: assessment of the hotel's compliance with the classification requirements; documentary confirmation of the established conformity of the category. Then the hotel is issued a certificate of category and mark of conformity. However, according to Art. 2 of the Law on Technical Regulation confirmation of conformity - documentary evidence of the compliance of the provision of services with the provisions of the standards; certificate of conformity - a document certifying the compliance of the object with the provisions of the standards; certification - a form of confirmation of compliance of objects with the provisions of the standards. That is, what is called "classification" in Order No. 86, according to the Law on Technical Regulation - "certification".
In this regard, it seems necessary to make appropriate changes to Order No. 86 and replace the concept of "classification" with the term "certification", which, in fact, is.
The classification system contains requirements for hotels and other accommodation facilities, criteria for their scoring and requirements for rooms of various categories and criteria for their scoring, in accordance with which hotels and other accommodation facilities are evaluated for compliance with a particular category.
The problem of developing uniform requirements for assessing accommodation facilities is constantly in the focus of attention of specialists around the world. Since tourism has become massive and difficult problem certification of hotel services has become quite acute, various organizations have repeatedly attempted to adopt a single world standard for the services provided by hotels. However, to date, these attempts have not been successful due to many reasons, primarily the national and historical features of the tourism industry. different countries. In 1989, the Secretariat of the World Tourism Organization (WTO) issued Recommendations for the Interregional Harmonization of Hospitality Classification Criteria. This document can now be considered as international standard hotel services. It should be noted that it is purely advisory in nature.
In our opinion, the requirements for hotels and other accommodation facilities mentioned above and the criteria for their scoring, as well as the requirements for rooms of various categories and the criteria for their scoring of the Classification System comply with the WTO recommendations. Similar to the WTO document, the Classification System contains requirements for the hotel building and its adjacent territory, water and energy supply, heating, security issues, rooms, technical and sanitary equipment, additional hotel premises, services provided, service personnel etc. Each type of requirements is divided into two groups. The first applies to hotels of all categories. Fulfillment of these requirements - necessary condition to ensure the safety of the guest. The second group includes requirements for specific categories of hotels.
It seems that a significant shortcoming of the Classification System is the lack of connection between the requirements for hotels and other accommodation facilities and the criteria for their scoring and the requirements for rooms of various categories and the criteria for their scoring. The result of room categorization does not affect the category assigned to the hotel. We propose to link the two groups of requirements with a certain algorithm that assumes the availability of rooms of a certain category in a hotel of a certain category.
The organizational structure of the Classification System consists of five levels. First, it is the governing body of the system - the federal body executive power in the field of tourism. In terms of the Law on Technical Regulation, this is a legal entity that has formed a voluntary certification system. The governing body of the system approves the decisions of the attestation commission and creates an appeals commission. Secondly, there is a central body of the system (CSO), which creates an attestation commission and approves the documents of the system, accepts applications for peer review, maintains a single register of the system, and also performs coordinating functions, develops methodological documents, collects and analyzes information, etc. e. The decision to assign or refuse to assign the requested category to the accommodation facility is made by certifying commission. Direct expert assessment of accommodation facilities is carried out by classification bodies, which are created on the basis of an organization determined by the CSO. There is also a commission that hears appeals on issues related to the classification. The law on technical regulation, in addition to the person who formed the voluntary certification system, provides for only one body - a voluntary certification body.
Despite the obvious external differences with the organizational structure established in the Law on Technical Regulation, the radical illegality in organizational structure There is no classification system. However, the number of decision-making levels and the excessive bureaucracy of the process seem unreasonable and inappropriate for the task being solved. In our opinion, this complicates and overestimates the cost of assessing and confirming compliance with the category.
In general, the Classification System, although it needs a number of improvements, including conceptual ones, is a coherent and integral system for the certification of hotels and other accommodation facilities. And it could well become the basis and guarantor of the stability and constancy of the quality of hotel services in the Russian Federation.
However, the Classification System has, as it seems to us, one significant drawback. It is voluntary, and no one can force hotels to receive a category certificate. It is also clear that hotels offering low quality services will either not be certified at all or will do so under another system established under the Law on Technical Regulation. And absolutely legally they will receive even the highest category within their own compliance system.
It is quite difficult to compare the quality of services provided in hotels classified according to different systems. After all, with any classification, some limited sample is made from a huge variety of parameters that can be evaluated. And the affected party in this situation is the consumer who, when ordering a hotel from another region, focuses on the category indicated in the brochure or on the hotel website, but does not know on what basis this category was assigned. He has his own ideas, for example, about the category "three stars", but he receives services at the level, in his opinion, "one star". However, at the same time, the consumer cannot make any claims against the contractor, because the latter has a certificate of conformity for a three-star hotel under a certain voluntary certification system.
It is important to note that an attempt was made to solve this problem by the state. The classification system was approved by the Decree of the Government of the Russian Federation dated July 15, 2005 No. 1004-r. The approval indicates that the state, represented by the federal executive body in the field of tourism, acts as a guarantor that the hotel or other accommodation facility actually meets all the requirements for the category assigned to it. However, in our opinion, this does not solve the problem. Even the classification system approved by the Government of the Russian Federation does not become mandatory and remains only one of a number of possible certification systems. The consumer is not provided with reliable information about the category of the hotel.
In the light of the above, it seems necessary to introduce mandatory certification of hotels and other accommodation facilities on the territory of the Russian Federation. To this end, it is proposed in the Law on Technical Regulation to attribute the provision of hotel services not to services, but to processes, and to adopt an appropriate law on the technical regulation of hotel activities, which can be based on a revised and supplemented Classification System.

Bibliography
1 See: international tourism: legal acts. - M., 2002. S. 307-323.

At the request of readers, Frontdesk.ru provides a list of the most requested documents and regulations governing hotel activities in the Russian Federation. The article presents the main legislative acts, protocols and regulations relating to the scope of the provision of hotel services. To open a hotel, apart from permits for the construction of a building, it is enough to register as an Individual Entrepreneur or open a legal entity. Federal Law No. 128-FZ of August 8, 2001 “On Licensing Certain Types of Activities”, as amended on December 06, 2007, determines the types of activities that fall under licensing. Hospitality is not mentioned in this law, therefore, as such, it does not require licenses. However, if the hotel provides services in addition to hospitality activities that require a license, then such licenses must be obtained. For the full operation of the hotel, when creating a legal entity, the activity codes specified in the OKVD document for the hotel business are indicated

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 in a timely manner necessary information about services, ensuring the possibility of their correct 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 Civil Code RF contract for the provision of hotel services (hotel service) 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 in due course and verifying 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 should 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 not hourly pay).
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 Rights 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.
By 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 clause 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 payment Money(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 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 by 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 the 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, which in their legal content 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” are understood as 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 for individual categories of 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 on extra bed for a child compared to the rate set for adults, the hotel administration determines in accordance with paragraph 12 of the Rules. Tariffs for services for individuals, independently settling in a hotel, and individuals settling 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.
The contractor is also not entitled to provide additional services for a fee without the consent of the consumer. Let's say, if the hotel included in the bill a fee for using a refrigerator in the room, while the consumer did not ask to provide him similar 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, to 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, additional requirements of the consumer agreed by the parties in the contract. 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 with the following types of services at no additional charge:
- 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, valuable papers and other precious things, if they were accepted by him for storage or were placed by the guest in an individual safe provided to him 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 by the Federal Service for Supervision 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, 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 damage (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 entails the imposition of an administrative fine on citizens in the amount of 1,000 to 1,500 rubles, on officials - from 2,000 to 3,000 rubles, on 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, Academy of Successful Business LLC
ROSBUH magazine, July 2007

The hotel business is actively developing, in contrast to the legal regulation of this type of activity. As in all areas, one of the directions of state regulation is the creation of specialized control structures. In the system of federal executive authorities, such a structure is the Federal Agency for Tourism (Rostourism). Along with Rostourism, state regulation in this area is carried out by the technical committee for standardization TK 199 "Tourist services and services of accommodation facilities" of the Federal Agency for Technical Regulation and Metrology. The main task of the technical committee is to improve the standardization system in the field of hotel activities, and the main function is to develop national hotel standards.

The source of legal regulation of hotel services at the federal level are several basic documents, and the most important is the Constitution of the Russian Federation.

The Constitution of the Russian Federation enshrines the principles of freedom of entrepreneurship, establishes the priority of human rights and freedoms over the interests of the state24, guarantees everyone the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law.

The Civil Code is the second most important regulatory legal act Russian Federation, which reflects the issues of the emergence of civil rights and obligations to exercise and protect civil rights, as well as intangible benefits and their protection. Compensation for moral damage, protection of honor, dignity and business reputation, protection of the image of a citizen, property rights and other real rights are reflected in the norms established by civil law.

It should be noted that the norms of the Civil Code of the Russian Federation limit entrepreneurs in terms of the free implementation of certain types of activities by the obligation to obtain for this required license, which is regulated by the Federal Law "On Licensing Certain Types of Activities" dated May 4, 2011 No. 99-FZ.

The next source at the federal level is The federal law RF dated 02/07/1992 N 2300-1 (as amended on 07/03/2016) "On the protection of consumer rights". The law establishes the rights of consumers to purchase goods (works, services) of adequate quality and safe for life, health, property of consumers and environment, obtaining information about goods (works, services) and their manufacturers (executors, sellers), education, state and public protection of their interests, and also determines the mechanism for the implementation of these rights.

Consider the following law, which requires separate consideration.

Federal Law of the Russian Federation of December 27, 2002 No. 184-FZ (as amended on April 5, 2016) "On Technical Regulation".

This law regulates relations arising from the development, adoption, application and implementation of mandatory and voluntary requirements for products or related processes of design (including surveys), production, construction, installation, commissioning, operation, storage, transportation, sale and disposal.

Separately, it is necessary to separately consider the normative legal documents governing activities in the hospitality industry.

In accordance with the Federal Law “On Protection of Consumer Rights”, the “Rules for the provision of hotel services in the Russian Federation” have been developed that regulate relations in the field of the provision of hotel services, these rules indicate the basic concepts, information about services, the procedure for registration, accommodation in a hotel and payment for services, responsibility contractor and consumer for the provision of services.

On October 21, 2015, new rules for the provision of hotel services came into force. The Rules are approved by Decree of the Government of the Russian Federation of October 9, 2015 N 1085 (hereinafter referred to as the Rules).

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, with the exception of the activities of youth tourist camps and tourist bases, campsites, children's camps, departmental hostels, renting out furnished rooms for temporary residence, as well as activities for the provision of places for temporary accommodation in railway sleeping cars and other vehicles.

The rules introduced the concepts of “hotel services”, “price of a room”, “small accommodation facility” (a hotel with a room stock of no more than 50 rooms), “price of a room (beds in a room)”, “booking”, “checkout time” and many others . The customer is a person, an individual (legal) person who intends to order or purchase or order or purchase hotel services in accordance with an agreement on the provision of hotel services in favor of the consumer.

Thanks to the new Rules, it is now clearly defined that the provision of hotel services is allowed only if there is a certificate of assignment to the hotel of a category according to the hotel classification system approved by the Ministry of Culture of Russia, if, in accordance with the law, such a requirement is introduced for individual subjects of the Russian Federation or throughout Russia.

Currently, on the territory of our country and Moscow in particular, the classification is voluntary, with the exception of infrastructure facilities for the Olympics in the city of Sochi and the 2018 FIFA World Cup. The classification procedure was approved by the Order of the Ministry of Culture of the Russian Federation of July 11, 2014 No. 1215 “On approval of the classification procedure for objects of the tourism industry, including hotels and other accommodation facilities, ski slopes and beaches, carried out by accredited organizations”.

The rules establish that any requirements for hotel services, including their volume, quality, time of provision and other characteristics, important consumers, are determined by agreement of the parties to the contract for the provision of hotel services. In addition, hotels have the right to independently establish rules for living and using hotel services that do not contradict the law, which all hotel guests can familiarize themselves with without obstacles.

Optional sources are developed standards in the field of hotel and tourism activities. On the territory of Russia, regulation in this area is carried out by the Technical Committee for Standardization - TC 199 "Tourist services and services of accommodation facilities", acting on the basis of the order of the Federal Agency for Technical Regulation and Metrology dated January 31, 2013 No. 51 "On the work of the Technical Committee for Standardization TC 199 "Tourism and Accommodation Services"

At the moment, in the field of the tourism industry, which includes the functioning of the hotel complex and the provision of hotel services, the following state standards apply:

GOST R 50690-2000 Tourist services. General requirements” - effective from 01.07.2001. All included in the standard General requirements, which can be applied to any tourist services, this standard also establishes a special list of requirements for the life and health of tourists who have expressed a desire to become participants in a contract for the provision of hotel services.

GOST R 53423-2009 (ISO 18513:2003) Tourist services. Hotels and other tourist accommodation facilities. Terms and definitions” - valid from 01.07.2010. This standard is purely devoted to definitions and terms that will help both the performer and the consumer to understand the correct interpretation.

GOST R 51185-2008 “Tourist services. Accommodation facilities. General requirements” - valid from 01.07.2009. This standard will form the basis for any normative document, which can be created as part of the provision of both hotel and tourist services, because it contains general requirements for all accommodation facilities.

GOST R 53522-2009 Tourist and excursion services. Basic Provisions” - effective from 01.07.2010. This standard is narrow in its application and was created exclusively for legal entities and individual entrepreneurs who want to provide excursion services on the basis of tourism services.

GOST R 50644-2009 Tourist services. Requirements for ensuring the safety of tourists” - effective from 01.07.2010. The essence of this standard is already clear from the name, it is about the safety of tourists and the standard applies to individual entrepreneurs and legal entities that take responsibility for the life and health of consumers and customers of services.

GOST R 53997-2010 “Tourist services. Information for consumers. General requirements” - effective from 01.07.2011. This standard was developed as an instruction for legal entities and individual entrepreneurs and as a hint to consumers on what to pay attention to.

GOST R 54603-2011 “Services of accommodation facilities. General requirements for service personnel” - effective from 01.01.2013. This standard applies to all temporary accommodation facilities and contains requirements for service personnel at a minimum level, which can help hotel representatives in the selection of personnel.

GOST R 56184-2014 “Services of accommodation facilities. General requirements for hostels" - valid from 01.01.2015. Already from the name it is clear that this standard is narrow in application and applies only to hostels, while containing general requirements for the services provided.

GOST R 56197-2014 (ISO 14785:2014) “Tourist information and tourist reception services. Requirements." - valid from 01.09.2015. The minimum requirements contained in this standard will help consumers understand how the provider should communicate risks in the provision of tourism and hotel services.

GOST R 56780-2015 “Services of accommodation facilities. Business Services. General requirements.” - valid from 01.10.2016. A relatively new standard has emerged due to the fact that the business environment in developed regions is gaining momentum every year, so it has become a common necessity to regulate the provision of business services in a market economy.

At the level with the Federal Agency for Technical Regulation and Metrology, the Federal Agency for Tourism (Rostourism) plays an important role. Rostourism is a special structure that pursues the policy of the state in the field of service and tourism, in general, and the hotel business in particular. The functions of Rostourism include: implementation of a comprehensive analysis and forecasting of the hotel industry in the Russian Federation; development and submission to the Government of the Russian Federation of draft laws, regulations and other departmental documents on issues that are directly related to hotel activities; generalization of the practice of applying the legislation of the Russian Federation in the field of service and tourism, as well as hotel activities. At the same time, Rostourism operates only at the Federal level, which means that there are no territorial departments at the level of the constituent entities of the Russian Federation, and this function is carried out only by representative executive bodies of each constituent entity separately.