Vacation with a complaint: who and how to complain about a bad hotel? Situational tasks in the discipline “Administrative Law” The number in reality does not correspond to what is in the photographs and in the description.
According to information received from the Committee on Tourism and hotel industry of the city of Moscow, there are more than 300 “hostels” located on the territory of the city of Moscow. According to the heads of district administrations of the Central administrative district, in a number of districts of the Central Administrative District up to 100 such objects can be located.
The fact of deteriorating living conditions in residential apartments adjacent to such “hostels” is confirmed by complaints from residents of the buildings in which they are located, including those who fear the possibility of the spread of mass infectious diseases. This can be facilitated by a constantly changing contingent of residents, often belonging to groups at increased risk of developing infectious diseases.
In 2014, the Moscow Office of Rospotrebnadzor conducted 6 unscheduled inspections in relation to legal entities and individual entrepreneurs providing temporary accommodation services and accommodation in hostels and took part in 15 prosecutorial inspections.
Among the main violations identified during hostel inspections are the following:
lack of entrances to the hostel isolated from the residential part of the building;
failure to submit a notification about the start of activities for the provision of hotel services, temporary accommodation services and provision of temporary accommodation to the territorial body of Rospotrebnadzor;
failure to carry out preventive disinfection of toilets, baths, kitchens, including the use of disinfectants;
lack of information about employees undergoing periodic preventive medical examinations, lack of lists of employees subject to preventive medical examinations, lack of medical records, reports of the final commission on medical examinations, information on preventive vaccinations, hygienic certification;
lack of production control over compliance with sanitary legislation, lack of a production control program (plan); not carrying out pest control work.
Based on the results of inspections regarding violations of sanitary legislation, the perpetrators were brought to administrative responsibility (in 5 cases in the form of administrative suspension of activities).
The problem of control over such objects is associated with the lack of a regulatory framework regulating this activity. These arguments are given by hostel owners in order to evade administrative responsibility during inspections.
At the same time, the implementation in an apartment by an individual entrepreneur or a legal entity of activities related to visits to this apartment by clients, that is, the operation of the apartment as a public premises in violation of the requirements of sanitary legislation, is punishable in accordance with Articles 6.3, 6.4 of the Code Russian Federation on administrative offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation).
Evasion of inspections and obstruction of their implementation is punishable in accordance with Article 19.4.1, Part 1 and Part 2 of the Code of Administrative Offenses of the Russian Federation.
Failure to submit a notification about the start of business activities to provide temporary accommodation services and provision of temporary residence to the territorial body of Rospotrebnadzor, as well as for submitting a notification with false information, entails administrative liability under Art. 19.7.5.1 part 1 and part 2.
In cases where hostel owners are not registered as individual entrepreneurs or legal entities, their activities are a more serious violation, such as illegal business activities, liability for which is provided for both by the Code of Administrative Offenses of the Russian Federation (Article 14.1 of the Code of Administrative Offenses of the Russian Federation) and by the Criminal Code Code (Article 171 of the Criminal Code of the Russian Federation).
In 2014, the Moscow Office of Rospotrebnadzor carried out a number of inspections of hostels located in apartments of residential buildings (without a separate entrance). Based on administrative materials based on the results of inspections, the courts made decisions to apply punishment in the form of administrative suspension of activities (IP Bychkova O.V., Moscow, Sretenka St., 26/1; IP Kareva E.M., Moscow , Seliverstov lane, 1A; IP Gukasyan E.A., Moscow, Sretenka St., 26/1).
On July 10, 2014, Deputy Mayor of Moscow in the Moscow Government, P.P. Biryukov. a meeting was held on the issue of placing hostels in apartment buildings residential buildings. The Moscow Office of Rospotrebnadzor presented an analysis of the Office's activities in this area. Given proposals for organizing comprehensive work on this problem and the need to initiate amendments to Federal legislation, including the Housing Code of the Russian Federation.
The hotel business is quite a profitable area, but you need to take into account that all SES standards for a hotel must be met, otherwise the establishment risks losing its reputation or star rating.
The hotel may include a spa, swimming pool, gym and other services. This makes it somewhat more difficult to obtain all the necessary permits, because you will have to obtain papers for each type of activity carried out in the building.
So, what is important for a hotel:
- When entering the building itself, namely the reception, the guest, in addition to the interior, can evaluate first of all the service;
- Nutrition is also important for people traveling with children. How it is organized and what exactly is served;
- For connoisseurs of comfort, the stylistic basis and interior are important;
- And lastly, or while staying in a hotel, a person has a chance to assess the sanitary and hygienic condition. How does it comply with the standards?
SES requirements for a hotel
To open own hotel, as a rule, a new building is being built. For this you need to purchase land plot, and during construction, comply with the sanitary requirements of the layout. In addition to residential premises, it is necessary to pay attention to the reception, catering, leisure, health and sports areas, medical, administrative and household areas. Depending on the size of the hotel, the number of rooms and the volume of zones are calculated.When it happens that ready-made buildings are purchased, it is very important that they are not owned housing stock. This is a strict violation of the requirements for hotels.
The SES requirements for a hotel are not limited to accommodation and food conditions. In many hotel complexes their salons, spa centers and various recreation areas are opening. They require compliance with separate requirements.
Hotel SES check
What points do inspectors (or the guests themselves) pay attention to first of all during an inspection:- The presence of appropriate equipment is specified in the sanitary rules, and it must comply with GOST;
- This is followed by a clause stating that cleaning must be carried out by hotel staff, the emphasis is on appearance. Neatly ironed and clean uniform;
- Each maid has her own cart for transporting linen (both clean and dirty);
- Cleaning must be carried out in the current mode, and when changing guests, general cleaning is carried out using disinfectants;
- During the cleaning itself, staff do not have the right to stand on surfaces such as tables, chairs, sofas, armchairs, beds and bedside tables;
- Bathrooms in the rooms are subject to daily disinfection;
- It is not allowed that the volume of hotel residential premises be less than 15 cubic meters (per person);
- The hotel must be equipped with hot and cold water supply;
- Each room has a ventilation system;
- Garbage chutes are organized either on the floor or in a separate room.
If guests notice a discrepancy and contact Rospotrebnadzor, then an inspection of the hotel’s SES is inevitable.
A very important point is the safety of guests, so the presence of a working fire alarm is one of the first things checked by the inspector.
An important factor for a comfortable stay is the absence of pests, insects, unpleasant odors and mold in the hotel premises. Therefore, the SES contract with the hotel includes a requirement for the existence of contracts with sanitary services.
The Dez Group company provides services for disinfection, deratization, disinfestation, and the destruction of moldy fungi and odors. Individual approach And high level the quality of the services provided will help carry out preventive maintenance and eliminate pests in a timely manner without compromising the operation of the hotel. The competence of Dez Group specialists is constantly improving, and in their work they use drugs that have passed laboratory tests and have appropriate quality certificates.
SES documents for a hotel
Companies that specialize in helping small and medium-sized businesses can prepare SES documents for a hotel. Firms of lawyers provide legal support and help in collecting permits and other papers.For hotel business A production control program is provided, and compliance with its regulations is monitored by the relevant authorities.
In accordance with the regulations and rules prescribed in SanPiN, inspections are carried out by Rospotrebnadzor.
So, what papers must be prepared to open a hotel:
- Agreements with laboratories to test the quality of water, air, etc.;
- Conclusions on the ergonomics of the space of rooms and workplaces;
- Removal and disposal of waste according to the contract (MSW);
- Agreements for the disposal of mercury-containing waste (fluorescent lamps);
- Agreement for carrying out sanitary treatments according to the schedule;
- Logbook for cleaning ventilation ducts and servicing air conditioners;
- Availability of an agreement with a medical organization and medical books for all employees;
- In the absence of your own laundry, an agreement for washing clothes and uniforms of employees;
- Funds accounting journals.
SES permit for a hotel
How to obtain SES permission for a hotel?To obtain SES permission for a hotel, mandatory papers are required. They will be provided only after the relevant documents on compliance with fire safety and installation of fire sensors are ready. It is also important to have documents from sanitary services on the implementation of all preventive measures.
Obtaining a SES permit for a hotel involves many nuances, so it would be a good idea to have a legally savvy person at the headquarters to avoid misunderstandings and fines in the future.
We continue to answer important questions. First materials and .
What inspection bodies can come? Which of them can show what? How can we repel them, what laws can we present to them?
A representative of any supervisory authority can come to you. Statistically, the district police officer, representatives of the Federal Migration Service, the fire inspectorate, and the tax inspectorate come most often. If Rospotrebnadzor has received a complaint against you, anyone can come, including the prosecutor. If representatives of inspection authorities appear on your doorstep, you need to call the authority and clarify whether these are really their representatives and what the purpose of the inspection is. Phone number Employees are required to provide you with contact information.
All except the Federal Migration Service give from one to three days for collection necessary documents(so let’s say, if your legal entity is registered at a different address, then it is assumed that not all constituent documents are stored in the hostel). The Federal Migration Service checks the direct maintenance of migration reporting.
The question of how to “fight back” is difficult to answer. In our practice and the practice of our colleagues, we observed a fairly loyal and serious attitude of the authorities. If they come to you with a scheduled inspection, you will receive a deadline for elimination and, most likely, there will be no fines. If you came in response to a complaint, it’s a good idea that the reasons for the complaint have already been eliminated in the bud, and you have a response story of how everything really happened.
If your business is serious and will last for a long time, get acquainted with the local police officer, he will know who he is dealing with, that you have a serious place and you are a non-conflict person, and there will be no problems with you. Usually, local police officers are aware of all scheduled inspections. You can also watch our video " Checks at the hostel“, it will answer some questions.
We don’t need to present any laws to protect ourselves. You are not on defense, but on equal dialogue. You need to present your established document flow:
a) accounting and tax reporting,
b) migration reporting,
c) documents legalizing your activities, including as many documents as possible: agreed plans and redevelopment, and compliance with fire, sanitary and other requirements for premises. This list is limited to the requirements for hotels. Basically, you have to match the hotel.
Until now, we have not encountered lawlessness or pressure from supervisory authorities. No authorities have yet decided to close the hostel.
Another question is if your neighbors are systematically trying to survive you, or you have quarreled with the local police officer. We can honestly say that only compliance with hotel requirements and non-residential premises.
According to the President's open speech, small businesses can operate without tax audits for 3 years. So if you opened a business for a year or two, and work quietly and without complaints, then during this time you will not meet a single authorized representative.
One of the most common reasons for an unsuccessful holiday is a problem with the hotel. Either it is noisy, or the animation is intrusive, or, on the contrary, it is absent, although they promised. The wrong category of room, food that does not meet expectations, simply poor condition of the hotel and grounds, a dirty beach - all this can hopelessly ruin your vacation.
Of course, a travel agency cannot fully control what is happening in each specific hotel in another country, but responsible tour operators must not only notify their clients in as much detail as possible about all the nuances of their vacation, but also answer for its shortcomings.
When making claims against a hotel, the most important thing is to carefully read the contract with the travel agency. A good contract should provide for all the nuances of responsibility to the tourist for the quality of services. Conditions can vary greatly:
– If the contract contains nothing specific at all about liability, except for a general phrase like “the parties bear responsibility in accordance with the legislation of the Russian Federation,” all responsibility for the quality of services provided by the hotel lies with the travel agency. It is she who will be responsible for the shortcomings of the hotel, pay compensation, etc.
– If the contract is with a travel agent, it may stipulate that the tour operator bears all responsibility. This is normal, the tour operator will carry it. In this case, you are not interested in the nuances of the relationship between a travel agent and a tour operator and a tour operator with a hotel - all claims, in accordance with the agreement, you can present to the tour operator.
– If nothing is specified in the tourist’s contract with the travel agent, the court may order compensation to be paid to both the tour operator who formed tourism product, and directly from the travel agent.
– The most difficult option for a tourist is when the contract with the tour operator directly states who exactly is responsible for what. Here the travel agency may try to share responsibility with the hotel, carrier, visa service, etc. In any case, understand that you will make claims regarding the quality of hotel services to your tour operator, since it was he who offered you the hotel services as meeting your requirements. Moreover, the hotel is located in another country, its activities are regulated by foreign legislation, and the tourist has no relationship with the hotel. There is only a chain in which the tour operator is a necessary link that has independent obligations to the hotel and to the tourist.
The next important point is the details of the terms of the contract regarding the hotel. Ideally, the contract should include everything:
- the type of room, from which literally everything follows - in which building, with what view from the window, with what bed, how many rooms, etc. It is advisable to study this information in advance - it can be found on the websites of large travel agencies;
– type of food and level of service at the hotel (for example, type of breakfast, quantity and origin of alcoholic beverages, types additional services included in the price).
This information will help you determine whether the right services were provided to you and in the right quantity. It may be important to indicate the hotel's specialization in the contract. Try to find out in advance and write down in the contract that you, for example, are going to family hotel. This way, you will be protected from the violent nightly disco that does not stop until five in the morning, but your children will have the opportunity to have fun during the day in the company of children's animators. If in reality it turns out that a family hotel means a hotel where the music is blaring around the clock, and the water park and children's animation are only in the picture in the booklet, it will be easier for you to make claims about the inadequate quality of the services provided.
There is another important issue - timely informing the tourist about all changes in the conditions of his vacation. So, if you have chosen a specific hotel, and the travel agency was unable to book it, it must notify you about this in writing, and also obtain your consent to book another hotel. If you are not asked for such written consent, you will have the right to make claims regarding the discrepancy between the hotel specified in the contract and what you received in the end. The same applies to changing all the conditions agreed with you - flight, transfer, type and number of excursions, hotel category and types of rooms and meals.
Let's say everything started well, you arrived at the hotel, and then something started that was not at all what you expected. Your main task is to meticulously record literally every moment. Loud animation in the middle of the night - take it on video. Garbage on the beach - take a photo. The guide does not speak Russian, although they promised a Russian speaker - record a short interview with him. The food is bad - take a note of the menu, take a photo of the buffet. The room is in disarray - take a photo. Boorish service - make a video. Keep all receipts, checks, orders, statements, advertising brochures, etc.
A separate conversation about written documents. In case of any problems, it makes sense to contact the hotel administration. Make a claim, pointing out specific violations, print it in two copies and hand it over to the hotel administration against signature. Keep a copy with a note indicating acceptance of the claim for yourself. The collection of evidence of violation of your rights to a good quality holiday is in your hands. The more detailed you record all the shortcomings, the higher your chances of getting money back from the travel agency and compensation for moral damages.
Try to require the hotel administration to draw up a report on the discrepancy between the declared and provided services. Do not hesitate to involve witnesses - film them, ask for comments, collect their signatures on your appeals and claims, take their contacts in order to involve them in the consideration of your claims already in Russia.
Remember that anything can help when talking to the hotel management. For example, threaten to post a scandalous video online and give the hotel anti-advertising - perhaps this will convince the administration to be more accommodating and satisfy your legal demands.
The general algorithm of your actions is as follows: record violations, talk with the hotel administration about eliminating them, and then either enjoy your vacation or collect evidence to claim compensation from the travel agency after returning to your homeland.
Hotel theft
In any hotel, such a nuisance as theft can happen to guests. Things may go missing from your hotel room. Usually, only the most valuable things are placed in a hotel safe and only those things that will not be needed during the holiday. Tourists usually keep all other things, even very valuable ones, in their rooms - phones, cameras, laptops, money, jewelry, etc. And literally no one is safe from the loss of these things.
If you have been robbed, first of all, immediately contact the hotel administration. They are most interested in making every effort to return what was stolen to you. Some hotels are very concerned about their reputation and prefer to resolve issues without police intervention. If the administration does not cooperate, call the police. This is the only way you will have a chance to find and return what was stolen.
According to Russian law, the hotel is responsible for guests' belongings left in the room. Each country has its own legislation on this matter. It is likely that the hotel should be responsible for the loss of your belongings and must compensate you for your losses. In this case, the hotel has the responsibility to interview the staff, find out who had access to your room, find out all the details of the loss and find the items or compensate for the cost of the stolen items. If the hotel does not want to do this voluntarily, then at the insistence of the police it will certainly do it.
And finally, an important note. Your travel agency is obliged to provide you with information about the rules of stay in the country, including the features of hotels, the level of crime and the safety of staying in the country, as well as where you can turn if any difficulties arise. If you were not given this information, feel free to demand compensation for this too, because the travel agency is obliged to compensate for losses incurred, among other things, due to the tourist’s lack of necessary information.
Blogger Elena Shchipkova writes:
Tell me, do you really change your bed linen every day? What about bath towels? No? Hm strange...
Do you go up to the second floor exclusively by elevator? Do you require borscht and cutlets for breakfast?
Do you think I have a spring exacerbation of silent schizophrenia? No... you didn't guess...
I’m just reading reviews about hotels because I’m preparing my trip and I’m slowly freaking out. Let me make a reservation right away: I’m not looking for 5* hotels, I’m not looking at super-duper luxury rooms. No, I’m looking at the usual 2-3-4* tourist options without any pretense of luxury. And every time, choosing hotels and reading reviews, I understand that, having paid for 2*, the tourist wants the service to be the same as in 5* and preferably as in the presidential suite.
So, what are tourists most often dissatisfied with in hotels? I should immediately note that I only take Russian-language reviews, so as not to talk about the difference in mentality or the curvature of the translation.
Bed linen and bath towels are not changed daily
When I see this, I just try to understand what people do with their linen and towels that require replacement after every night? And it's not beach hotels, where you can drag a towel to the beach and get dirty there, these are ordinary hotels in cities. The only thought left is that every night someone is deflowered on those sheets, and the floors are washed with towels.
The furniture is not particularly new
Well, here I partially agree, if the bed creaks like a wounded elephant with any movement, and the closet doors fall off, then a lot of unkind words fly towards the hotel owner. And if the furniture is not particularly new, but normal, then I don’t see any reason for complaints.
The number in reality does not correspond to what is in the photographs and in the description
We also fell for this a couple of times. I don’t know what to do in such cases. Of course, if you come to the hotel for a long time, you can probably get into trouble, but what if it’s for 1-2 nights? What do you do in such cases?
No kettle or refrigerator
If I don’t consider a refrigerator to be an essential item in a hotel, then the absence of a kettle in the room description in 90% of cases is a reason not to choose this hotel.
Do not renew used shampoos, shower gels, soaps
I haven’t encountered this myself, but in general, I’m really interested in whether it’s the hotel’s savings or the maids’ problem?
Poor sound insulation
The most common complaint. Unfortunately, almost everywhere in economy and middle-class hotels you can perfectly hear what the neighbors above and to the side are doing, who has walked along the corridor, and who is taking a shower. I don’t know how it is in luxury hotels, but the rest of you just need to have earplugs with you if you’re a light sleeper.
Problems with paying for accommodation
More than once I have read complaints in reviews that the hotel manages to withdraw money for the hotel twice, or even three times, and has to seek a refund through the support of Booking or other booking sites. I haven’t encountered anything like this, but I did encounter the fact that more money was written off than necessary in Athens. An attempt to solve everything on the spot was unsuccessful, because... The hotel manager didn't even listen to us. Moreover, the mistake was only 12 euros, and if the manager had admitted it, I wouldn’t even have asked for a refund. And so I had to connect Booking and the money was returned.
Inattentive, rude staff
For me, given today’s realities, when it is not the tourist who fights for the hotel, but the hotel for the tourist, this is generally nonsense, but for the first time we collided again in the same Athens.
We arrive in the morning for breakfast (it was included in the price of the room), we’ve just covered the clearing, the manager comes (yes, the hotel is very “lucky” with him), asks for our room and begins to tell us loudly (so that everyone can hear) that we are not had the right to have breakfast, because breakfast is not included with us and we have to pay. I took out the reservation and showed it. The uncle said: “I’ll find out now,” and went home. For about 10 minutes we stood stupidly and waited. Then they couldn’t stand it and went to him themselves. As a result, the manager saw us, muttered: “Eat, I made a mistake,” and that’s it... No apologies, nothing... It’s clear that I will never recommend this hotel to anyone and described everything in my review.
Overbooking
You arrived at the hotel and no one was waiting for you. The reasons may be different - from a technical failure to the asshole-handedness of the staff, but doesn’t that make it any easier for you? We found ourselves in this situation twice. In Spain, out of two rooms, one turned out to be occupied; the administrator could not explain how this happened, because both reservations were clearly visible on his monitor screen. As a result, we were given a number next tourists, and I don’t know where they were settled. The second time in Lisbon, the owner of the mini-hotel simply said that he forgot about us and in general he had a lot of things to do. We arrived in the evening to look for unfamiliar city We no longer had the strength to stay at the hotel; as a result, we slept in a half-livable attic, and our friends slept on some mattresses in a semi-closet.
Inaccurate topographical reference of the hotel
You were promised that from the hotel to the city center it would be a 5-minute walk, but, apparently, they got too excited, because in 5 minutes you only get to the metro, on which in another 10 you will finally get to the desired point. You bought a hotel on the second line from the sea, but forgot to write in the description that this second line is located one and a half kilometers from the beach.
This is the only moment that can be avoided even before booking - you just have to find the hotel on the map and see how conveniently it really is located.
Well, the funniest and strangest complaints from reviews on Booking:
Instead of the promised air conditioner they offered a hairdryer
Found funny insects in the room
I left my dog in the room and for some reason the maid did not clean up
