Legal regulation hotel activities in the Russian Federation.

The provision of hotel services in Russia is carried out in accordance with the Civil Code of the Russian Federation, as well as in accordance with the Rules for the provision of hotel services in the Russian Federation, approved by Decree of the Government of the Russian Federation of October 9, 2015 No. 1085 (hereinafter referred to as the "Rules for the provision of hotel services") . The activities of hotels are subject to regulation by the Law of the Russian Federation "On the Fundamentals of Tourism in the Russian Federation", including in terms of determining the procedure for classifying objects of the tourism industry.

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

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

1. The main provisions of the Rules for the provision of hotel services, approved by Decree of the Government of the Russian Federation of October 09, 2015 N 1085 (hereinafter referred to as the Rules) and entered into force on October 21, 2015.

The rules for the provision of hotel services define the main obligations and rights of the hotel and the guest, the grounds and procedure for filing claims, liability for violation of duties and causing harm, and other conditions.

Because the guest is weak side in relations with the hotel, the Rules for the provision of hotel services contain a number of special rules that ensure, first of all, the protection of the interests of the guest when concluding, amending and terminating the contract for the provision of hotel services.

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

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

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

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

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

In general, the new Rules provide hotels with greater freedom in determining the procedure for interacting with guests, compared to the previous ones.

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

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

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

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

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

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

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

The consumer has the right to cancel the reservation request. It should be noted that the Rules referred to the discretion of the contractor only the determination of the procedure and form of cancellation of the reservation. The rules do not establish the consequences for the consumer due to the cancellation of the reservation. According to accepted international practice, bookings are often made subject to advance payment of the cost of living for a short period, as a rule, for one day, or even in smaller amounts. In case of cancellation of the reservation, the payment made is not refundable. However, in Russia, in some especially popular tourist places there is a practice of booking subject to payment for a stay of a longer period; in case of cancellation of the reservation, the amount paid is not refundable. It seems that such situations need additional elaboration within the framework of the Rules for the provision of hotel services.

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

2. Agreement between the hotel and the guest.

In accordance with paragraph 1 of Art. 426 of the Civil Code of the Russian Federation, an agreement for the provision of hotel services (hotel service) is public contract. According to paragraph 1 of Art. 10 of the Law of the Russian Federation of 07.02.1992 N 2300-1 "On the Protection of Consumer Rights" (hereinafter referred to as the Law on the Protection of Consumer Rights), the contractor is obliged to provide the consumer with the necessary and reliable information about the services in a timely manner, ensuring the possibility of their right choice; it has been established that for certain types of goods (works, services) the list and methods of bringing information to the consumer are established by the Government of the Russian Federation.

In accordance with this norm, the Rules for the provision of hotel services, both old and new, traditionally contain conditions on the list and methods of bringing information to guests about the conditions for the provision of hotel services.

Such information, in accordance with paragraph 10 of the current Rules for the provision of hotel services, includes:

a) information about the contractor, his contact phone number, as well as the data of the document confirming the fact of entering information about the legal entity in the Unified State Register of Legal Entities or the fact of entering information about the individual entrepreneur in the Unified State Register of Individual Entrepreneurs, indicating the body that carried out the state registration ;

b) information about the parent organization (if any);

c) information on the assignment of a category to the hotel, if such a category was assigned, indicating the assigned category, the name of the accredited organization that carried out the classification, the date of issue and number of the certificate, its validity period;

d) information on the certification of services, if such certification was carried out in the manner prescribed by the system of certification of hotel services;

f) list of services included in the price of the room (place in the room);

g) information on the form and procedure for payment for hotel services;

h) the list and price of other paid services provided by the contractor for a fee, the conditions for their purchase and payment;

i) information about the form, conditions and procedure for booking, canceling a booking;

j) the maximum period of stay in the hotel, if it is established by the contractor;

k) a list of categories of persons entitled to receive benefits, as well as a list of benefits provided in the provision of hotel services in accordance with laws, other regulatory legal acts;

l) information about other paid services provided in the hotel by third parties;

m) information about the time of arrival (departure) from the hotel;

o) information about the rules of accommodation in the hotel.

The above information, in accordance with paragraph 10 of the Rules for the provision of hotel services, must be placed in the room intended for registration of temporary residence, in a convenient place for viewing (as a rule, this is the reception desk), as well as on the hotel website on the Internet.

To avoid misunderstandings, the Rules list the types of consumer identification document that the contractor (hotel) has the right to request to conclude an agreement on the provision of hotel services (clause 19 of the Rules).

Such documents include:

a) a passport of a citizen of the Russian Federation, proving the identity of a citizen of the Russian Federation on the territory of the Russian Federation;

b) a passport of a citizen of the USSR, proving the identity of a citizen of the Russian Federation, until it is replaced within the prescribed period with a passport of a citizen of the Russian Federation;

c) birth certificate - for a person under the age of 14;

d) a passport proving the identity of a citizen of the Russian Federation outside the Russian Federation - for a person permanently residing outside the Russian Federation;

e) passport of a foreign citizen or other document established by federal law or recognized in accordance with an international treaty of the Russian Federation as a document proving the identity of a foreign citizen;

e) a document issued by a foreign state and recognized in accordance with an international treaty of the Russian Federation as a document proving the identity of a stateless person;

g) temporary residence permit for a stateless person;

h) residence permit of a stateless person.

Registration at the hotel of minors under the age of 14 is carried out on the basis of documents proving the identity of their parents (adoptive parents, guardians) or close relatives, accompanying person (persons), a document certifying the authority of the accompanying person (persons), as well as the birth certificates of these minors.

The registration of a foreign citizen and stateless person at the place of stay in the hotel and their deregistration at the place of stay are carried out in accordance with the Rules for the implementation of migration registration of foreign citizens and stateless persons in the Russian Federation, approved by the Decree of the Government of the Russian Federation of January 15, 2007 . N 9 "On the procedure for the implementation of migration registration of foreign citizens and stateless persons in the Russian Federation". Paragraph 3 of clause 20 of this resolution establishes that upon the arrival of a foreign citizen at the hotel, the hotel administration is obliged, within 1 working day following the day of his arrival, to notify the territorial body of the Federal Migration Service of the arrival of the foreign citizen at the place of stay. Notification of the territorial body of the Federal Migration Service by the hotel administration about the arrival of a foreign citizen at the place of stay may be carried out using the means of communication included in the telecommunication network.

As mentioned above, paragraph 20 of the Rules for the provision of hotel services defines the form of the contract for the provision of hotel services - this must be a document signed by two parties.

In accordance with paragraph 20 of the Rules for the provision of hotel services, the contract between the hotel and the guest must contain the following conditions:

• name of the hotel (for individual entrepreneurs - last name, first name, patronymic, information about state registration);
• information about the customer (the customer can be not only the guest, but also, for example, the employer when registering the residence of a seconded person);
• information about the provided room (place in the room);
• price of the room (place in the room);
• period of stay at the hotel
• other necessary data at the discretion of the performer.

In accordance with paragraph 2 of Art. 426 of the Civil Code of the Russian Federation service price related to hotel services should be the same for all consumers, except for cases where the law and other legal acts allow the provision of benefits for certain categories of consumers.

In the context of the relevant provisions of paragraph 4 of Art. 426 of the Civil Code of the Russian Federation and art. Art. 1, 38 of the Law on the Protection of Consumer Rights for the contractor are obligatory all the requirements of the Rules for the provision of hotel services; therefore, in the contract for the provision of hotel services, among other information provided for in paragraph 10 of the Rules, the price of the room (bed in the room) must be included without fail.

By general rule, enshrined in paragraph 1 of Art. 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 Art. 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 on all essential terms of the agreement. Paragraph 20 of the Rules for the provision of hotel services establishes a written form of the contract between the hotel and the consumer (a document signed by both parties).

According to Art. 37 of the Law on the Protection of Consumer Rights, the consumer is obliged to pay for the services rendered to him in the manner and within the time limits established by the contract with the contractor. That is, by virtue of this civil law obligation, the consumer (as a debtor) is ultimately obliged to perform certain actions in favor of the hotel services provider (as a creditor) that involve the payment of funds (Article 307 of the Civil Code of the Russian Federation). However, subject to the provisions of Art. 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, other legal acts.

Despite the repetition by the Rules of the principle of freedom of contract enshrined in the Civil Code of the Russian Federation, paragraph 3 of clause 25 of the Rules for the provision of hotel services establishes the case when state regulation of prices for hotel services is allowed:

If, in accordance with the legislation of the Russian Federation, state regulation of the cost of hotel services (hotel services) is introduced during the period of events (ceremonies), the cost of hotel services cannot exceed the maximum established cost for this category of hotel. Obviously, this rule is designed to prevent a speculative rise in prices during periods increased demand for hotel services that occur during various major public events, including the Olympic Games, World Championships, etc.

When organizing the Olympic Games in Sochi, the state did not regulate the pricing of hotel services, limiting itself to imposing on hotels the obligation to ensure compliance with the classification of objects of the tourism industry.

In preparation for the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup, Federal Law No. 108-FZ of 07.06.2013 “On the preparation and holding in the Russian Federation of the 2018 FIFA World Cup, the 2017 FIFA Confederations Cup and amendments certain legislative acts of the Russian Federation” provides for the possibility of state regulation of prices for hotel services.

Paragraph 3 of Article 36 of this law provides that during the period of sports competitions, the list of which is established by the federal executive body authorized by the Government of the Russian Federation, the Government of the Russian Federation has the right to carry out state regulation of the cost of hotel services in the constituent entities of the Russian Federation. At the same time, the cost of hotel services established by the Government of the Russian Federation is determined based on the category assigned to the hotel or other accommodation facility.

Clause 27 of the Rules for the provision of hotel services specially listed services to be provided to the guest without charging an additional fee (above the price of a hotel room):

Call an ambulance;

Use of a medical kit;

Delivery to the room of correspondence addressed to the guest, upon receipt;

Wake up at a certain time;

Providing boiling water, needles, threads, one set of dishes and cutlery.

In accordance with paragraph 26 of the Rules for the provision of hotel services, the contractor ( hotel) is not entitled without the consent of the consumer ( guest) perform additional services not included in the room price for a fee. The consumer has the right to refuse to pay for such services, and if they are paid, the consumer has the right to demand that the contractor return the amount paid.

The consumer (customer) is obliged to pay for hotel services and other paid services in full after they are provided to the consumer.

With the consent of the consumer (customer), payment for hotel services can be made at the conclusion of the contract in full or in part.

When making settlements with the consumer, the contractor issues to the consumer a cash receipt or a document drawn up on a strict accountability form.

Payment for hotel accommodation is charged in accordance with the checkout time.

In the event of a delay in the departure of the consumer after the established checkout time, the payment for accommodation is charged from the consumer in the manner prescribed by the contractor.

When placing a consumer from 0000 hours to the established checkout time, the accommodation fee is charged in an amount not exceeding the fee for half a day.

Considering that the guest can arrive at the hotel at any time of the day, in the interests of the guest, paragraph 22 of the Rules for the provision of hotel services specifically establishes that the contractor must ensure round-the-clock registration of guests arriving at the hotel and departing from it. An exception to this rule, for obvious reasons, is established for hotels with a room stock of no more than 50 rooms (“small accommodation facilities”).

Also, the guest has the right at any time of the day to request from the administrator to issue all Required documents upon termination of stay at the hotel.

The rules for the provision of hotel services are established special guarantees to protect the interests of the guest in case of early termination of the contract at the initiative of the guest.

In accordance with clause 32 of the Rules for the provision of hotel services, in case of early termination of the contract with the hotel, the guest is obliged to pay the hotel the actual costs incurred. As a rule, such expenses include the cost of living and expenses incurred by the hotel in order to fulfill the contract with the guest, if they are not included in the cost of living (for example, for the provision of additional services not included in the price of the room). The consequences of refusal to execute the contract for the provision of hotel services at the initiative of the guest (customer), formulated in paragraph 32 of the Rules for the provision of hotel services, fully comply with the rules on unilateral refusal to execute the contract for the provision of services for a fee, established in Article 782 of the Civil Code of the Russian Federation.

The possibility of establishing any penalties on the part of the hotel in this case is not provided for by law.

For the hotel as a business entity, stricter rules have been established for refusing to execute the contract for the provision of hotel services - the hotel has the right to take this step only if the guest violates the terms of the contract; in this case, the guest is only obliged to reimburse the hotel for the actual expenses incurred by it; Penalties against the guest are not provided in this case. It should be noted that the rules regarding the contractor’s refusal to fulfill the contract for the provision of hotel services differ in more stringent requirements for the contractor compared to the general provisions on the unilateral refusal of the contractor to fulfill the contract for the provision of services for compensation, formulated in paragraph 2 of Article 782 of the Civil Code of the Russian Federation, in according to which the right of the contractor to a unilateral refusal is not due to a violation of the contract by the customer (consumer).

Relations between the hotel and the guest in connection with ensuring the safety of the guest's belongings are regulated by civil law, namely Article 925 of the Civil Code of the Russian Federation, which is entitled “Storage in a hotel”. Compared to the general provisions on the storage agreement, the relations in connection with storage at the hotel have a peculiarity - a separate storage agreement is not concluded between the hotel and the guest. The obligation of the hotel to ensure the safety of the guest's things arises automatically from the moment the guest checks in, by virtue of the very fact of the guest's stay in the hotel. An item brought in is any item placed within the walls of the hotel - in a room, corridor or dining room, where there are places for leaving things, as well as an item entrusted to hotel employees.

The announcements of the hotel administration that it is not responsible for the failure of the guests' belongings contradict the provisions of Article 925 of the Civil Code of the Russian Federation and are not grounds for exemption from such liability.

In accordance with paragraph 2 of Article 925, the obligation of the hotel to ensure the safety of the belongings of the guests does not apply to the following types of things:

Currency values;

Securities;

Jewelry;

Other valuable things.

The hotel is responsible for the loss of the above things of the guest only on the condition that they were accepted by the hotel for storage or were placed by the guest in an individual safe provided by the hotel, regardless of whether this safe is located in his room or in another room of the hotel. If, however, the guest’s belongings are still missing from this safe, the hotel is released from liability for the failure to preserve the contents of such a safe, if it proves that, under the conditions of storage, access to the safe without the knowledge of the guest was impossible or became possible due to force majeure. That is, the burden of proof in this case falls on the hotel.

In accordance with paragraph 3 of Article 925, the guest is obliged to immediately notify the hotel administration about the loss or damage to their belongings. Otherwise, the hotel is released from liability for the unsafety of things.

Summing up, we can list the following cases of release of the hotel from liability for loss or damage to the belongings of guests:

The guest, who discovered the loss, shortage or damage of his belongings, did not report this to the hotel administration in a timely manner;

The lost thing was left in places not designated for this - at the entrance to the hotel, at the reception desk (if the thing was not transferred directly into the hands of a hotel employee), etc.;

The lost thing refers to valuable things (money, jewelry, etc.) and was not transferred to the hotel for storage or placed in a special individual safe;

The lost thing was in an individual safe, but according to the conditions of storage, anyone could not access the safe without the knowledge of the guest or became possible due to force majeure.

3. Formation of a classification system for tourist sites

The classification system for objects of the tourism industry is formed in the Russian Federation from the provisions federal law“On the basics of tourism activities in the Russian Federation” dated November 24, 1996 No. 132-FZ (hereinafter referred to as the Law on the fundamentals of tourism activities) and by-laws adopted in accordance with them.

Article 5 of the Law on the Fundamentals of Tourism Activity defines a list of objects of the tourism industry subject to classification, and it is established that classification is carried out not by state bodies, but by accredited organizations in the manner established by the executive authority; accreditation of such organizations is referred by Article 5 to the competence of state authorities of the constituent entities of the Russian Federation and is carried out in the manner established by the authorized federal executive body.

The objects of the tourism industry that are subject to classification include hotels and other accommodation facilities, ski slopes and beaches.

Paragraph 5 of the Rules for the provision of hotel services establishes 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.

As of December 2015, the classification of hotels and other accommodation facilities is carried out voluntarily, with the exception of two cases of mandatory classification:

1) In the case provided for by the Federal Law of December 1, 2007 N 310-FZ "On the organization and holding of the XXII Olympic winter games and the XI Paralympic Winter Games 2014 in the city of Sochi, the development of the city of Sochi as a mountain climatic resort and amendments to certain legislative acts of the Russian Federation”, from July 1, 2011 to December 31, 2016 in the territory of the municipal formation of the resort city of Sochi, the provision of hotel services, services for temporary accommodation and (or) provision of temporary accommodation is allowed if there is a certificate of assignment to a hotel or other accommodation facility of the category provided for by the classification system of hotels and other accommodation facilities, in the manner established in accordance with the Federal Law of November 24, 1996. N 132-FZ "On the basics of tourism activities in the Russian Federation".

2) In the case provided for by the Federal Law of June 7, 2013 N 108-FZ "On the preparation and holding in the Russian Federation of the 2018 FIFA World Cup, the 2017 FIFA Confederations Cup and amendments to certain legislative acts of the Russian Federation", in the period from July 1, 2015 in the constituent entities of the Russian Federation in which sports competitions will be held, the list of which is established by the federal executive body authorized by the Government of the Russian Federation, the provision of hotel services, services for temporary accommodation and (or) provision of temporary residence is allowed if there is a certificate on assigning a category to a hotel or other accommodation facility, provided for by the classification system of hotels and other accommodation facilities, in the manner established in accordance with the Federal Law of November 24, 1996 N 132-FZ "On the Basics of Tourist Activities in the Russian Federation".

At present, the formation of a classification system for objects of the tourism industry, including hotels and other accommodation facilities, has been completed. The classification procedure was approved by the Order of the Ministry of Culture of the Russian Federation dated 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” (registered with the Ministry of Justice of Russia on December 29, 2014 No. 35473). According to the federal law on the basics of tourism activities in the Russian Federation, accreditation of such organizations is carried out by state authorities of the constituent entities of the Russian Federation in the manner established by the authorized federal executive body. This procedure was approved by the Order of the Ministry of Culture of April 29, 2015 N 1340 “On approval of the procedure for accreditation of organizations that classify objects of the tourism industry, including hotels and other accommodation facilities, ski slopes and beaches” (Registered in the Ministry of Justice of Russia on October 7, 2015 N 39191).

With regard to hotels and other accommodation facilities, a scoring system has been established for more than 10 criteria. Various parameters of the hotel complex are subject to assessment according to the following criteria:

1. the condition of the building and the territory adjacent to it;
2. technical equipment and equipment (for example, for 5-star hotels, year-round air conditioning is provided in all rooms);
3. various characteristics of the room fund (total number of rooms, the ratio of the number of rooms of different degrees of comfort, characteristics of rooms of each category of comfort);
4. equipping public sanitary facilities;
5. characteristics of public premises (including the area of ​​such premises, their equipment, the presence of swimming pools, etc.;
6. availability and equipment of premises for the provision of catering services;
7. availability of various additional services provided to guests (including delivery of correspondence, cleaning, frequency of linen change, tourist services, etc.);
8. characteristics of catering services;
9. requirements for personnel and their training;
10. compliance with the requirements for hotels with more than 50 rooms;
11. compliance with the requirements for hotels with less than 50 rooms;
12. compliance with the special requirements for the assessment of resort hotels (including the degree of remoteness from the beach line, etc.);
13. compliance with the special requirements for hotels located in buildings that are objects of cultural heritage.

The procedure for accreditation of organizations that classify objects of the tourism industry, by Order of the Ministry of Culture of Russia dated April 29, 2015 N 1340 "On approval of the procedure for accreditation of organizations that classify objects of the tourism industry, including hotels and other accommodation facilities, ski slopes and beaches" (registered with the Ministry of Justice of Russia on 07.10 .2015 N 39191).

Evaluation of organizations applying for accreditation will be carried out after studying the following information:

On the cost of work on classification;

On the developed and implemented quality system for carrying out work on the classification of objects of the tourism industry, as well as the system for accounting and documenting the performance of such work, including the rules of office work and archive approved by the organization;

On the presence in the organization of at least three specialists with at least three years of practical work experience in the field of classification of objects of the tourism industry, higher education in the areas of "Tourism" or "Hospitality", or non-core higher education and additional education under the program "Classification of objects of the tourism industry" received within the previous five years (at least one of them must work under an employment contract).

Documents are considered by the authorized state body within 10 days. In case of successful accreditation, the organization is issued an appropriate certificate valid for three years.

As already mentioned, at present the classification of hotels and other accommodation facilities is carried out on a voluntary basis. However, in the near future, mandatory classification is expected to be introduced, which will improve the quality of hotel services and improve consumer awareness of the characteristics of hotel services provided by a particular hotel or other accommodation facility (boarding house, rest home, camp site).

The Ministry of Culture has developed a draft federal law that makes the classification of hotels mandatory.

The draft law proposes to supplement the Law on Tourism Activities with legal norms, according to which the provision of hotel services is allowed if the hotelier (the concept of "hotelier" is also introduced by this bill) has a certificate of assignment of a particular category to the accommodation facility.

From this day on, hotels will be able to carry out their activities only if they confirm compliance with the qualification requirements of the hotel classification system.

At present, public discussions of the bill have been completed.

Next, the bill will have to go through the procedure of anti-corruption expertise and approval of the text by the Government for subsequent submission to the State Duma. The text of the bill is posted on the federal portal of draft regulatory legal acts http://regulation.gov.ru/projects/List/AdvancedSearch#npa=12789.

4. Legal regulation of the activities of small hotels, including hostels.

A variety of mini-hotels and hostels operating both in resort areas and in large cities number in the thousands. As a rule, such accommodation facilities are located in residential apartments on the first floors of residential buildings.

Such mini-hotels and hostels exist in most cases illegally due to a number of circumstances, both legal and financial. In accordance with Part 3 of Article 288 of the Civil Code of the Russian Federation, it is prohibited to use residential premises to accommodate organizations.

The Housing Code allows the use of residential premises for business purposes only by citizens living in such premises, and provided that such use does not violate the rights and legitimate interests of other citizens (Part 2 of Article 17 of the Housing Code of the Russian Federation). As a rule, this opportunity is used by various kinds of consultants who carry out their labor activities in the same premises where they live - lawyers, psychologists, tutors. This norm cannot always be applied to the activities of hostels and mini-hotels, because. such accommodation facilities may occupy several neighboring apartments, and not just one.

The legislation provides for the possibility of transferring residential premises to the status of non-residential. However, it should be noted that this procedure is expensive and time consuming. Often there are not enough grounds for such a transfer - such a transfer is allowed if there is a separate entrance to a non-residential premises, in the absence of residential premises under non-residential premises, etc. in connection with different tariffs for utilities for residential and non-residential premises. In connection with the above circumstances, the business of owners of mini-hotels and hostels ceases to be profitable, because. The main reason for the attractiveness of such accommodation facilities is their low prices. For the reasons listed above, the owners of hostels and mini-hotels in residential buildings tend to evade the official transfer of their residential premises to the status of non-residential.

Obviously, all these difficulties in the existence of a mini-hotel business need a legal settlement, especially considering the tasks set for the tourism industry in the State Program for the Development of Culture and Tourism in the Russian Federation for 2013-2020, approved by the Government Decree of April 15 2014 No. 317. Within the framework of this state program, the federal target program "Development of domestic and inbound tourism in the Russian Federation" was approved, one of the main points of which is to create conditions for increasing the number of budget accommodation facilities, including small accommodation facilities. Among the measures of legal support for the implementation of the tasks of the state program listed in Appendix No. 4 to the FTP "Development of domestic and inbound tourism", amendments to the Civil Code of the Russian Federation are directly named, allowing the use of residential premises for the organization of small accommodation facilities in them. Creating legal conditions for the development of the budget direction of the hotel business is especially important in the light of a sharp drop in outbound tourism (the number of Russian tourists who went abroad in the first half of 2015 is more than 30% lower than in the first half of 2014). The Russian tourism infrastructure does not have time to meet the increased demand for tourism services in the domestic direction.

For this purpose, the Ministry of Culture of the Russian Federation has developed a draft amendment to Article 288 of the Civil Code of the Russian Federation, providing for the provision of temporary accommodation services to individual entrepreneurs and organizations in small accommodation facilities located in residential premises. As of December 2015, this project is undergoing approval by the Government of the Russian Federation; the project has passed the stage of public hearings, at the next stages anti-corruption expertise, regulatory impact assessment and approval by the Government of the final version of the draft law are carried out; after which the introduction of the draft law by the Government for consideration by the State Duma will follow. Information about the bill is available on the federal portal of draft regulations.

However, the fate of the bill is uncertain, in connection with the submission to the State Duma of a bill with the exact opposite content. On September 7, 2015, a group of deputies of the State Duma, as subjects of legislative initiative, introduced a bill that establishes a ban on the use of residential premises for the provision of hotel services.

It is proposed to supplement Part 3 of Article 17 of the Housing Code of the Russian Federation, which in the current version prohibits the use of residential premises for the location of production facilities, with a ban on the placement of hotels and other accommodation facilities in residential premises, the provision of hotel services and other accommodation services. The text of the draft law and accompanying documentation are available on the website of the State Duma of the Russian Federation: http://asozd2.duma.gov.ru/main.nsf/%28Spravka%29?OpenAgent&RN=876688-6

The explanatory note to the bill states that the introduction of the bill is due to the receipt of numerous complaints from residents of houses living in apartments adjacent to hostels. The State Duma Committee on Housing Policy and Housing and Communal Services recommended on October 20 to adopt the bill in the first reading. However, judging by the information about the bill on the website of the State Duma, the consideration has been postponed to another day. Time will tell whose position will receive the support of most of the deputies of the State Duma.

Sources:

1. Civil Code of the Russian Federation;
2. Housing Code of the Russian Federation;
3. Federal Law No. 132-FZ dated November 24, 1996 "On the Fundamentals of Tourism Activities in the Russian Federation";
4. Law of the Russian Federation of February 7, 1992 N 2300-1 "On Protection of Consumer Rights";
5. Federal Law No. 108-FZ of 07.06.2013 “On the preparation and holding in the Russian Federation of the 2018 FIFA World Cup, the 2017 FIFA Confederations Cup and amending certain legislative acts of the Russian Federation”;
6. Federal Law of December 1, 2007 N 310-FZ "On the organization and holding of the XXII Olympic Winter Games and the XI Paralympic Winter Games of 2014 in the city of Sochi, the development of the city of Sochi as a mountain climatic resort and amendments to certain legislative acts of the Russian Federation";
7. Decree of the Government of the Russian Federation of October 9, 2015 No. 1085 "On approval of the Rules for the provision of hotel services in the Russian Federation";
8. Government Decree of April 15, 2014 No. 317 “On Approval of the State Program for the Development of Culture and Tourism in the Russian Federation for 2013-2020;
9. Decree of the Government of the Russian Federation of January 15, 2007 N 9 "On the procedure for the implementation of migration registration of foreign citizens and stateless persons in the Russian Federation";
10. Order of the Ministry of Culture of the Russian Federation dated 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” (registered with the Ministry of Justice of Russia on December 29, 2014 No. 35473);
11. Order of the Ministry of Culture dated April 29, 2015 N 1340 "On approval of the procedure for accreditation of organizations that classify objects of the tourism industry, including hotels and other accommodation facilities, ski slopes and beaches" (Registered in the Ministry of Justice of Russia on October 7, 2015 N 39191 ).

The article was prepared by a team of lawyers of Legal Security Service LLC

HOTEL SERVICE CONTRACT

The multitude of social relations regulated by civil law contracts explains the variety of contractual relations and their possible structure. For efficiency economic activity the structure of their organizational ties has a great influence. As M.K. Suleimenov, the clarity of supply and marketing, the speed of turnover of enterprises' funds, the reduction of costs associated with the circulation of products, the improvement of their quality and the reduction in cost depend on the choice of the structure of economic relations. Ultimately, this affects the sale of products and profit.

The legal form of economic relations is a civil obligation, mainly contractual, which is confirmed by the market: in conditions modern conditions the central place is occupied by the contract, which leads to the establishment of legal ties between its participants. The structure of such relations depends on the goals, type and type of the contract, the number of entities involved in the conclusion and execution of a particular contract, i.e. is determined by the qualitative characteristics of a particular legal relationship, which is initiated to achieve the specified result.

If we consider the structure or structure of contractual relations as a set of stable relations of an object that ensure its integrity, identity to itself and the preservation of basic properties during various changes (both external and internal), then the following features of the structure should be distinguished, namely: the presence of interconnected relations included in the structure; stability and continuity of contractual relations, which are explained by the mutual interest of the parties; the identity of the relations of the latter, explained by a single goal. Such, according to B.I. Puginsky, the largest in terms of volume, value, which are of a regular nature or, for other reasons, significant for the organization, are recognized. Random and small contracts may not be taken into account here.

Various proposals have been made in the legal literature on the structure of contractual relationships. So, for example, in 1971, N.I. Ovchinnikov proposed dividing them into direct and intermediary ones. This proposal was supported by M.G. Masevich, B.I. Pokrovsky and M.K. Suleimenov, Chr. Nikolov and T. Petkov. Later, in 1980, M.K. Suleimenov suggested, in order to more fully reveal the essence of economic relations, to single out a simple and complex structure as a parallel and additional classification. A simple and complex structure of economic relations is distinguished from each other on the basis of two-link or multi-link links. Where there is only one connection, two sides of one relationship, there is a simple structure, and where there are two or more interconnected relationships, there is a complex structure.

At present, the theory of the structure of contractual relations has been supplemented with new positions. For example, L.V. Andreeva considers the structure of contractual ties as a choice of contractors under contracts and believes that within the framework of one concluded contract, the structure of such ties is determined as the composition of the parties to the contract and the composition of the executors of contractual obligations, which may not coincide.

V.S. Kamenkov, Chairman of the Supreme Economic Court of the Republic of Belarus, proposes to single out the structure of relations: with the main contractual counterparties (this structure determines the profile, content of the activity of a business entity. The execution of such contracts forms the main income of a business entity) and all other counterparties that contribute to the implementation of the main obligation.

1) basic;

2) intermediary;

3) contributing to the execution of the main contractual relations;

4) organizational.

In any case, the composition of the parties to contractual obligations underlies the allocation of structural ties.

In the tourism industry in the market of hotel services, a complex structure of contractual relations is possible, since relations arise here not only between the hotel and the tourist, but also other entities. In this case, the hotel is always a mandatory participant. This structure has a specificity, which is due to the variety of social relations arising from the provision of hotel services.

Let us consider the structure of contractual relations according to the criterion of the circle of participants and the nature of the interaction between them. We single out the following groups of contractual relations that arise:

1) between the hotel and the tourist by:

a) booking a room (a place in a room) in a hotel;

b) conclusion of a contract for the provision of hotel services;

2) between the hotel and corporate client for booking a room (place in a room) in a hotel;

3) between the hotel and the reservation system for booking a room (a place in a hotel room);

4) between a hotel and a travel company (travel agency) for booking a room (a place in a room) in a hotel;

5) between the hotel and business entities that ensure the normal production functioning of the hotel.

The first group of the structure of contractual relations is represented by relations arising, on the one hand, between the hotel, on the other hand, between the tourist. In accordance with paragraph 7 of the Rules for the provision of hotel services in the Russian Federation, the contractor is obliged to conclude contracts for the provision of services with consumers. For this reason, a travel company, a corporate client and a booking system cannot act as a participant in this type of contractual relationship.

First of all, we examine the relationship that arises between a hotel and a tourist in booking a room (a place in a room) in a hotel.

A citizen who has arrived in a foreign area often faces the problem of a lack of free rooms in a hotel. To exclude such a situation, tourists are actively booking a hotel room (or a place in a room).

The term “booking” is a derivative of the word “armor”, that is, fixing something to someone, as well as a document for such a fix. By booking, a hotel room is “fixed” for a certain period of time, which ensures the guarantee of providing a hotel room (place in a room) by concluding a contract for the provision of hotel services. Thus, armor gives rise to a civil law relationship. As for the armor itself, its legal nature is not defined at the legislative level, and this issue has not been reflected in the legal literature. Let's try to decide on this issue.

When booking a room (or a place in a hotel room), the tourist submits an application by postal, telephone and other communication, which allows to reliably establish that the application comes from the consumer. And depending on availability, the hotel makes a reservation. The fact of booking is confirmed either in writing - by fax, or verbally - by phone. The confirmation must contain information about:

the name of the tourist;

date of arrival and period of stay at the hotel;

additional services that can also be booked in advance (for example, such as meeting tourists at the airport, festive decoration of the room for the newlyweds, a romantic dinner upon arrival of tourists in the room, etc.);

Booking confirmation number.

Upon arrival at the hotel, the tourist concludes a contract for the provision of hotel services.

P.p. 6 and 23 of the Rules for the provision of hotel services in the Russian Federation and Art. 7 of the Code of Relations between the Hotel and Travel Agencies of the World Federation of Travel Agents Associations (UFTAA) and the International Hotel Association (IHA) expressly indicate that the relationship regarding booking a room (a place in a hotel room, other related services) should be considered as contractual.

At first glance, these relations have a certain similarity with the relations arising from the preliminary contract. This conclusion follows from the fact that, as well as under a preliminary agreement, the participants in civil turnover voluntarily assume obligations to subsequently conclude an agreement for the provision of paid hotel services within the time period specified in the reservation. According to Art. 429 of the Civil Code of the Russian Federation, a preliminary agreement has the meaning of a law-forming fact, it contributes to the strengthening of contractual ties and means that the parties accept the obligation to conclude in the future the main agreement aimed at achieving a specific economic result. A preliminary contract as a legal fact gives rise to only one type of obligation - the obligation of the parties to conclude the main contract on agreed terms. Its content is a kind of guarantee of the stability of relations between the subjects operating in the market. Such an agreement contributes to the strengthening of contractual ties, and, as follows from the law, is in a certain relationship with the main agreement and is aimed at achieving a very specific economic result, is designed to determine the essential terms of the future main agreement and contain instructions on the term of its conclusion.

In accordance with paragraph 2 of Art. 429 of the Civil Code of the Russian Federation, a preliminary contract must be concluded in the form determined by the form of the main contract. Failure to comply with the form of such an agreement, including a simple written one, entails its nullity. Reservation of a room (a place in a room) in a hotel is carried out by accepting a booking application, which is registered in the primary accounting journal for hotels "P" in form No. 10 - G, containing the following details: registration number, name of the enterprise (organization), date of submission of the application , date of arrival, departure, number of seats, signature of the person who accepted the application.

Thus, the reservation must contain, like the preliminary contract, the subject of the contract for the provision of hotel services, as well as other essential terms of such an agreement.

At the same time, these institutions also have differences. Thus, the absence in the preliminary contract of a condition on the period in which the parties undertake to conclude the main contract does not entail the recognition of the preliminary contract as not concluded. In this case, the main contract is recognized as subject to conclusion within a year from the date of conclusion of the preliminary contract (clause 4, article 429 of the Civil Code of the Russian Federation). For booking, an indication of the date of arrival of the tourist at the hotel is required.

In the event of a subsequent refusal of the party to conclude the main contract, the interested party has the right to demand in court its conclusion on previously agreed terms and compensation for losses incurred (clause 5 of article 429 of the Civil Code of the Russian Federation). It seems that the tourist is also endowed with the corresponding right in the presence of a reservation, but in practice, he is unlikely to be able to use this right. For the hotel, this is also problematic for the following reasons: a) the limited validity period of the reservation (by virtue of clause 6 of the Rules for the provision of hotel services, it is canceled if the tourist is 24 hours late); b) economic costs (the costs of searching for and bringing to justice a tourist who has not arrived at a hotel can significantly exceed income in the event of a contract, and initiating a lawsuit can entail large material and time costs).

It has also been argued in the literature that the reservation should be considered as an offer by the customer of the hotel services. The offer is a proposal of the customer to conclude an agreement and contains an indication of all the essential terms of the future agreement (Article 435 of the Civil Code of the Russian Federation). It can be addressed to one or several specific persons (sometimes to an unlimited circle of persons). This is not just information about the possibility of concluding a contract, it should clearly show the will aimed at the intention to conclude a contract. For the emergence of contractual relations, the offeror must receive an acceptance from the counterparty. Since the institution of booking necessarily includes not only an offer, but also an acceptance, we cannot agree with the point of view that a booking is an offer.

An analysis of the relations that arise between the hotel and the guest regarding the reservation allows us to conclude that these relations are a type of civil-law organizational relations. They act as an organizational prerequisite for the formation and creation of a civil law connection between the subjects - the provider of hotel services and the tourist and are aimed at streamlining the property and personal non-property relations of the participants.

Organizational relations, including relations related to the conclusion of an agreement, are classified as non-property relations. At the forefront here is the "organizing principle, emerging as a result of non-property actions" of their subjects. They are only a prerequisite for the emergence of organized property relations; determine for specific property obligations the procedure for the emergence and general conditions for the execution of the contract in the future; are aimed at increasing the efficiency of the entrepreneur's activity, at streamlining other social ties, are based not on the principle of subordination (subordination), but on the equality of acting subjects, that is, on the principle of their coordination of this activity. At the same time, a measure of proper behavior of the “hotel” provided by law is established, which determines the need for certain actions aimed at the emergence and regulation of civil relations “hotel-tourist” in the future.

According to O.A. Krasavchikov, civil-organizational relations are legal relations based on the principles of equality of participants and expressing, within the limits of the law, the activities of citizens and organizations to streamline their relationships and coordinate efforts in the process of implementing the state or their own initiative. The functional-target orientation of non-property organizational relations determines their auxiliary, service character in relation to "organized" relations. Organizational relationships are not an end in themselves. They are aimed only at the development of "organized" connections and should ensure the achievement of goals, "serve" other social relations that are part of the subject of civil law.

The establishment of an organizational social connection allows for the streamlining and organization of the relevant process for the transfer of property, the performance of work and / or services; the content and forms of such ordering are only subordinate to what is being ordered.

O.A. Krasavchikov, organizational and legal relations are classified according to their content into four types:

1) organizational and prerequisite (generators). As a result of the formation and establishment of these relations, the subsequent development of relations occurs;

2) organizational-delegating relations. This type of relationship is characterized by the fact that through the implementation of these relationships, some persons are vested with certain powers to carry out actions on behalf of others, that is, delegation of powers occurs;

3) organizational and control relations - enable one subject of civil law to control the actions of another, which is with the first in a certain civil legal relationship;

4) organizational and information relations. Their essence boils down to the fact that, by virtue of civil organizational rights and obligations, the parties to a property legal relationship are obliged to exchange certain types of information. It is the implementation of these relations that creates certain conditions for the development of property-legal relations.

As an object of organizational relationship, given its close functional relationship with other relationships in the subject of civil law, there is a booking of a room (a place in a room) in a hotel by a tourist. Reservation generates the following type of organizational relations - organizational-prerequisite or forming relations. The organizational and prerequisite relations that arise when booking a hotel room (or a place in a room) are manifested in the fact that through the booking there is a relationship aimed at further development of property and legal relations regarding the provision of hotel services to tourists in the future. These relationships are made up of special organizational actions that make up the booking procedure.

In the legal literature, attention was drawn to the fact that organizational activity is associated with certain material and labor costs, which, in the conditions of commodity production, can be expressed in value form. Because of this, regarding organizational activities between subjects that are not subordinate to each other, special coordination-value relations can develop. This theoretical message finds its expression in practice: hotel service providers in the Russian Federation often charge tourists who arrive at the hotel a one-time booking fee in the amount of 25 to 40 percent of the price of the booked room (or place in the room) per day, thereby compensating due to arriving guests incurred losses when booking. The Russian practice of charging a fee for booking a room (place in a room) is contrary to the current Rules for the provision of hotel services in the Russian Federation. According to paragraph 6 of these Rules, payment for the reservation is provided only for persons who are late with their arrival at the hotel, that is, for the actual downtime of the room (or a place in the room), but not more than a day. It should be noted that the federal departments of executive power have a rather inconsistent approach to this problem.

Previously, the possibility of charging a booking fee upon arrival of a citizen at a hotel was provided, in particular, by the Rules for the Use and Internal Regulations in Communal Hotels of the RSFSR of 1979 and the Rules for the Provision of Hotel Services of 1994. Thus, clause 10 of the Rules for Use and Internal Regulations in communal hotels of the RSFSR provided (upon the arrival of a tourist by the date and time specified in the booking application) a booking fee of 50 percent of the price per place per day. If the tourist was late for 12 hours after the time specified in the application, the fee was charged in the amount of the cost of the place per day, and if the tourist was late for more than 12 hours (but not more than 24 hours) - for one and a half days, subject to the actual downtime of the room or place during this time. If there was no downtime of the room (or place in the room) during the time of delay, the booking fee was reduced to 50 percent of the price of the room or place in the room per day. In accordance with paragraph 2.4. Rules for the provision of hotel services in 1994, the booking fee was charged from tourists who arrived at the hotel, at a time in the amount of 25 percent of the price of the booked room (place) per day. If the tourist was late, in addition to the booking fee, he was also charged for the actual downtime of the room or place, but not more than a day. In case of refusal of a late tourist to pay for the reservation, his accommodation was carried out in the order of the general queue, which in practice meant for the tourist the cancellation of the reservation.

It should be noted that in some states, booking fees are charged even from non-arriving tourists. For example, in North America and Western Europe, in case of non-arrival of a tourist at a hotel, the corresponding amount of money is withdrawn from his account. This is possible due to the fact that payment for the reservation is guaranteed by bank credit cards. In Russia, credit operations are still poorly developed, so we cannot use the experience of the West in a similar situation at the moment.

We believe that the norm of clause 6 of the Rules for the provision of hotel services, which provides for the collection of booking fees only from late tourists, is quite reasonable and complies with the principle of good faith. Otherwise hotels would receive unjust enrichment for bookings.

Charging a booking fee from late tourists is contrary to applicable law and these facts should be monitored not only by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, but also by self-regulatory organizations of the tourism industry, which could, as in developed capitalist countries (for example, Great Britain , USA, France, etc.), to conduct annual "anonymous" inspections of the activities of hotels, identifying violations.

The next element of the first type of contractual relationship is the relationship that arises between the hotel and the tourist regarding the conclusion of a contract for the provision of hotel services. Such an agreement can only be concluded by an individual tourist, since according to paragraph 2 of Art. 671 of the Civil Code of the Russian Federation, only an individual can live and be accommodated in a residential building.

The contract for the provision of hotel services between the hotel and the tourist is concluded upon presentation of the latter's passport or military ID, identity card, other document issued in the prescribed manner and confirming the identity of the consumer (clause 8 of the Rules for the provision of hotel services in the Russian Federation).

Citizens who arrived on a business trip, at meetings, conferences, gatherings, fill out a special questionnaire at the hotel (form No. 1 - D) in one copy, the rest - in two. The legislator, as follows from clause 8 of the Rules for the provision of hotel services in the Russian Federation and the Instructions on the application of the Rules for the registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation (clause 3.2 "Registration of citizens at the place of stay in a hotel…”), do not associate the possibility of concluding such an agreement solely with the presentation of an identity document - a passport. At the same time, in accordance with Art. 10 of the Federal Law "On citizenship of the Russian Federation" and clause 1 of the Decree of the President of the Russian Federation "On the main document proving the identity of a citizen of the Russian Federation on the territory of the Russian Federation" Russian Federation. According to the Instructions on the application of the Rules for the registration and deregistration of citizens of the Russian Federation (clause 3.2), judges, employees of internal affairs bodies, Federal Service security of the Russian Federation, the Federal Border Service of the Russian Federation, the prosecutor's office, justice, customs, foreign intelligence, military personnel of the Armed Forces of the Russian Federation and other troops who are on a business trip are registered in hotels on official and business trip certificates indicating the last name, first name, patronymic and details of the official certificate.

At present, it became necessary to register schoolchildren (under 14 years old) traveling without parents at the hotel. Juveniles do not have the ability to make transactions on their own (debtability). In this regard, as noted by T.E. Abov, all transactions, with the exception of those specifically stipulated in the law, can only be made on behalf of minors by their legal representatives (parents, adoptive parents, guardians). We believe that the relations that have developed in practice regarding the registration of children traveling unaccompanied by their parents on the basis of birth certificates should be legalized and included in clause 8 of the Rules for the provision of hotel services in the Russian Federation and in clause 3.2. Instructions on the application of the Rules for the registration and de-registration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation (“Registration of citizens at the place of stay in a hotel ...”) the relevant additions on the mandatory set of documents for accompanying schoolchildren (list of tourist-schoolchildren , powers of attorney of legal representatives).

On January 15, 2007, the Federal Law "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation" introduced a new administrative and legal mechanism for registering foreign citizens and stateless persons. The previously established registration of foreign citizens and stateless persons was replaced by the registration of these persons at the place of stay in a notification mode, and the hotel services provider acquired the status of a party hosting a foreign citizen or stateless person in the Russian Federation (Article 2 of the Law on Migration Registration). However, neither the Law on Migration Registration nor the Rules for the implementation of migration registration contain detailed regulation of the procedure for registering foreign citizens with hotels. The fact is that tourists fell into the category of "migrant", since this Law did not legally define the category of "tourist". In this connection, the procedure for registering foreign citizens for a hotel has become more complicated. Now she is obliged to notify the territorial body of the Federal Migration Service of the arrival and departure of a foreign citizen as soon as possible (within one day) by sending (transferring) a notice of arrival for his registration at the place of stay (clause 44 of the Rules for immigration registration). This greatly increases the volume technical work on filling out new registration forms and incurring additional financial costs for the entrepreneur. In addition, the legislator did not explain how the hotel should act if a tourist - a foreign citizen or a stateless person stays in a hotel for less than one day, and who should pay for registration (tourist or hotel).

In the summer of 2007, the situation with the registration of foreign tourists began to gradually change. So, for example, in June 2007, the software for obtaining information about the arrival of a foreign tourist at a hotel in real time began to be tested by the Office of the Federal Migration Service of Russia for St. Petersburg and the Leningrad Region together with the Administration of St. Petersburg. On August 20, 2007, the first hotels in St. Petersburg installed the "Guest" program for electronic registration of tourists, which will help resolve the registration crisis.

In the world, there are several radically opposite approaches to registering tourists in a hotel. So, in some states, for example, in the USA, registration of a tourist when concluding a contract for the provision of hotel services is not mandatory, but when checking into many hotels, a deposit is required (blocking a certain amount on a credit card or a cash deposit), which is provided as a guarantee of covering personal tourist spending; in other countries, such as Brazil, in addition to presenting a passport, the tourist is required to provide the names of both parents.

As a tourist registers in Russian hotels, the hotel administrator issues him a “Guest Card”, which serves as confirmation of the fact of concluding an agreement for the provision of hotel services for all hotel services and at the same time gives the right to the settled guest to receive a room key, extraordinary service by public catering enterprises, consumer services , communications, etc. located in the hotel. On the numerical grid of the Guest Card, the period of payment for hotel services by the tourist is marked. If the period of stay is extended, then a corresponding mark is made on the Guest Card. And when a tourist leaves the hotel, the floor attendants make a note indicating the date and hour of the release of the room (place in the hotel room), the name and number of pieces of luggage. In addition, hotels use the Guest Card as an internal (intra-hotel) identification card. Such a card is required to verify your identity at hotel facilities: swimming pools, beaches, tennis courts, etc. and / or when taking into account his expenses (purchase of food, drinks, souvenirs, services in hairdressing and beauty parlors, etc.), as well as when paying for additional hotel services on credit.

The guest card is also actively used by those recreational hotels that provide specific services of the Leisure Ownership System (SVO) - club holidays and timeshare, to identify tourists when they consume services from the range offered by the club, for example, sauna services, beauty parlors, swimming pools , tennis courts, golf courses, bars, etc.

In view of the lack of a Russian legal framework regarding these relations, hotel service providers involved in the provision of such services conclude various agreements with tourists. From an economic point of view, as, for example, E. Rogova believes, club holidays and time-shares represent the sale and purchase of rest periods. One can hardly agree with this point of view, since the concept of “split” property, characteristic of the Anglo-American legal system, and, accordingly, the establishment of several titles to the same property, is at the heart of the club holiday and timeshare, “ sharing” of its content between different persons. In the future, the property of the hotel, in respect of which the tourist has the corresponding rights, is encumbered with the right to use it for a certain period. Each of the tourists exercising their right to rest in this recreational hotel is considered along with others as the owner. With this in mind, it is concluded that the right itself can be the object of the ownership of a club holiday and a time-share. For the Russian legal system, this is unacceptable; Russian civil law does not imply a "division" or "splitting" of property rights, even when it comes to co-owners, and considers only possible restrictions. Paragraph 3 of the Preamble of the EU Directive "On the protection of purchasers under contracts for the acquisition of rights to use real estate on the basis of time-share" confirms that the legislative nature of the rights that are the subject of time-share contracts and club holidays may change taking into account national legislation.

In Portugal, where timeshare, according to O. Carsten, is the most regulated, the “right to use the premises” based on it is recognized as real; in Germany, the law "On the rights of residence for a certain period" defines such a right as a liability; in Greece, timeshare contracts are recognized as mixed, including elements of rent and provision of services.

At present, several models of CBO are presented in the literature among the rest ownership systems: multi-ownership, multi-use, certificate, rental, club, joint-stock and property law.

The holiday ownership system - "multi-ownership" is based on the right to use the object specified in the contract for a certain time and the obligation to financially participate in the maintenance of the resort according to the share of ownership. The ownership of clients is reflected in the register (register) of ownership. This system gives each owner the exclusive right to own a certain object within a specified period, the time of rest in a particular place and is "divided" into parts, the number of which is equal to the number of existing rest periods.

The holiday ownership system - "multi-use" involves the establishment of rights to use the "shares of ownership" into which the resort is divided. This CBO model provides the exclusive right to use the property of the hotel and the service offered for a period of time specified in the contract, after which the right of the buyer-tourist is terminated, and the hotel-resort again becomes the property of the developer, who determines the further fate of the resort hotel at his own discretion.

If the “certificate” model of the vacation ownership system is applied in practice, the contract between the provider of hotel services and the tourist is drawn up using a certificate that confirms the right of the tourist to use the hotel room for a certain period of time.

If the vacation ownership system is built on the basis of a “rental model”, then a contract for renting a room (rooms) in a hotel is drawn up between the hotel services provider and the tourist (according to the rules of Article 606 of the Civil Code of the Russian Federation). According to this model, the product is not the property of the hotel, but only the right to use it during the time periods specified in the contract and for the agreed number of years.

The "club system" involves the creation of a recreation club by the company-owner of the hotel and the management company. The ownership of the property of the hotel belongs to the owner company and is registered in its name.

The "share model" of timeshare and clubbing assumes that the hotel divides its capital into a certain number of shares. The tourist is transferred ownership of the shares of the hotel, which specializes in the vacation ownership system. The right to use the room (s) in the hotel in accordance with the charter of the joint-stock company acts as dividends. This CBO model is popular, for example, in France and England.

The main purpose of the real right of the rest ownership system is manifested in providing access to the use of hotel property to a tourist who is not the owner of the room (rooms) in the hotel. In this case, the real right of the tourist is closely connected with the entrepreneur’s right of ownership to the property of a hotel specializing in time-share or club holidays, since this right arises only at the will of the hotel owner, exists independently (clauses 3 and 4 of article 216 of the Civil Code RF) and terminated by agreement of the parties.

In our opinion, the “certification” and club models of the CBO can be used in the Russian Federation, since they are the simplest in content and fit into the Russian legal system. For example, the basis of the club model of SVO may be the institution of trust management of property (clause 1 of article 1012 of the Civil Code of the Russian Federation).

A corporate client, similarly to the previous entities, makes a reservation of a room (a place in a room) in a hotel for its employees. Corporate clients demand not only accommodation services, but also services related to holding corporate meetings, meetings, congresses, experience exchanges, conferences, training, professional exhibitions, etc., and recreation, since the main purpose and motive of such tourists' travel is professional activity. Business and congress hotels have all the necessary technical equipment to provide such hotel services: auxiliary audio and video equipment, teleconferences, secretariat, translation of speeches at conferences into many languages, business centers offering high-speed Internet, instant search for necessary information, comfortable furniture etc. Congress and business hotels, as a rule, have great opportunities for recreation: golf courses, swimming pools, GYM's, saunas, restaurants, banquet and disco halls, etc.

In the United States of America, corporate clients booking conventions, conferences, conventions, etc. in specialized hotels prestigious for business and science, for example, such as Opruland Hotel (Nashville, Tennessee), Ne Hyatt Regency (Chicago), Ne Loews Anatol hotel (Dallas, Texas), can count on their carrying out only after 2 years, and in some cases even after 10 years.

In Russia, there are no hotels that specialize only in holding congresses, seminars, conferences, congresses, etc., but as the demand grows, they will appear.

AT recent times Russian hotels have new clients - corporate (diplomatic and foreign missions, companies ordering hotel services to accommodate their employees), who have been using hotel services for a long time. In practice, the hotel often allocates a floor (or part of a floor) where the rooms provided for long-term stays are located, which, as a rule, belong to the category "apartments".

Under a contract for the provision of hotel services with the condition of a long stay, the hotel transfers to the tourist the possession and use of the residential premises (hotel room), and, in addition, provides hotel services, that is, hotel staff prepare rooms for check-in, and also clean daily, change at the set time linen and provide other services included in the room rate.

In practice, corporate clients cannot count on significant discounts on payment for hotel services, but if they book regularly, they are provided with a favorable corporate rate. For hotels, corporate clients are very profitable. They ensure that the hotel is occupied by business tourists during the off-season, the period business activity, and, as a rule, book rooms of a high category, as well as a large package of additional hotel services.

Booking through a special centralized booking system allows individual tourists, travel companies, corporate clients to book a room (a place in a hotel room) without their direct contact with the hotel.

In practice, connected and unattached centralized booking systems are distinguished. The affiliated central reservation system belongs to the same hotel chain. It (the linked booking system) allows booking a hotel room (place in a room) for tourists who prefer a certain hotel chain. To optimize the booking process, the system combines databases of hotels in the chain, which allows you to book rooms from any hotel in this chain. This system is in demand by large hotel chains, whose hotels are located all over the world. In the event that there are no vacant rooms in the hotel, then the latter transfers the reservation to another hotel of the same chain, located in the same area. The attached system allows to significantly increase the occupancy of hotels of the same chain.

Booking through a non-connected system allows you to connect independent hotels and hotels not included in the chain, and is carried out similarly to the previous one.

Other hotels enter into an agreement with booking centers, for example, with such as the "City Booking Service" in Moscow, which makes reservations in hotels in Moscow. Moscow and St. Petersburg or Aldiana-Service City Reservation Service, Moscow, which makes reservations not only in hotels in Russia, but also in countries near and far abroad. Such centers provide information about the consumer properties of the hotel services provided, the procedure for placing tourists in hotels. The booking procedure is the same as described earlier. If it is impossible to confirm the reservation at the hotel requested by the tourist, the Center offers him accommodation in other hotels in the area.

Consider the following structure, covering the relationship between the hotel services provider and the travel company (travel agency) for booking a room (a place in a room) in a hotel.

The travel company, through postal, telephone or other communication, makes hotel reservations for the tourist / tourists - the client / clients of the company.

The travel agency's booking request must contain the range of hotel services demanded by its clients - tourists and the category of rooms (rooms). Acceptance of a booking request must be confirmed in writing in accordance with paragraph 6 of the Rules for the provision of hotel services by a Russian hotel. International acts, which are advisory for application, provide for immediate confirmation of the application, and in accordance with paragraph "c" of Art. 10 of the International Hotel Convention regarding the conclusion of contracts by hotel owners and travel agents of 1970 - no more than three days from the date of its receipt. In practice, Russian hotels working with foreign travel companies apply international standards.

Relations on the wire of booking a room (place in a room) by a travel company in a hotel can be conditionally divided into:

- one-time;

- short-term, i.e. calculated for one tourist season or for a calendar year;

- long-term relationships, designed for a period of more than a year.

A one-time booking is carried out in the manner prescribed for booking a room (a place in a hotel room) by an individual tourist.

Short-term and long-term relationships regarding the reservation of a place / places in a hotel, in turn, give rise to two types of reservations: guaranteed and non-guaranteed.

Guaranteeing reservations, provided for by international law, applies to relations arising between entrepreneurs - the provider of hotel services and a travel company. Such a booking is usually made by bank transfer of advance payment to the hotel before the day of arrival of the tourist / group of tourists at the hotel. The hotel has the right not to fulfill its obligations to provide services without receiving the prepayment amount stipulated by the guaranteed booking. The term for confirmation of receipt of guaranteed prepayment is determined directly by the hotel and varies in practice from one day to several weeks, and confirmation by the hotel of receipt of prepayment - within 72 hours. The amount of advance payment in accordance with paragraph "c" Art. 11 of the International Hotel Convention regarding the conclusion of contracts by hotel owners and travel agents is equivalent to the price of booked hotel services (accommodation and meals) for one day in the off-season and for three days in the peak season. Subsequently, the booking fee will be deducted from the final settlement, i.e. against future payments.

Guaranteed booking allows the provider of hotel services to "keep" rooms (places in hotel rooms) for clients of the travel agency. If tourists (customers of the travel company) do not arrive at the hotel, or the travel agency does not cancel the reservation of rooms before the set hour, then penalties are imposed on the latter. So, for example, according to paragraph "b" of Art. 20 of the Code of Relations between Hotels and Travel Agencies of the World Association of Travel Agencies (UFTAA) and the International Hotel Association (IHA), in case of non-appearance of a tourist at the hotel before 6 pm, the latter has the right to demand compensation from the travel company. If compensation is not agreed, then it is equal to at least the cost of one night's stay, but not more than the cost of three nights. Art. 42 of the International Hotel Convention regarding the conclusion of contracts by hotel owners and travel agents.

In case of a non-guaranteed booking, the travel company does not prepay the hotel; it does not guarantee the hotel payment for rooms (places in the room) in the hotel in case of non-arrival of tourists. And, if tourists do not enter the hotel before six o'clock in the evening, the hotel has the right to cancel the reservation and can add these rooms (places in the rooms) to the list of free rooms for settling them "from the counter".

When tourists, clients of a travel company, arrive at a hotel, an agreement is concluded with each of them for the provision of hotel services similar to an agreement with an individual tourist. Tourists, clients of the travel agency, present to the administrator at the reception of the hotel a voucher confirming their payment for the entire period of stay at the hotel and other additional hotel services to the travel agency. These additional hotel services are negotiated by the tourist and the travel agency directly at the time of the conclusion of the contract for the provision of tourist services.

In the Russian Federation, the above relations regarding the reservation of a room (a place in a room) in a hotel by travel companies, corporate clients and booking systems are not regulated. This circumstance prompts the adoption of an appropriate legal act, which would fix these issues. As such, a document of a recommendatory nature, regulating relations between a hotel and a travel agency (corporate client and / or booking systems) could act. His educational role in regulating the relationship between the hotel and travel agency, corporate client and / or booking systems will contribute to the further development of the Russian hotel services industry. This document should take into account the provisions of the current Russian legislation, the current Russian and foreign practice of conducting hotel business, ethical standards, the specific needs and conditions for the operation of Russian hotels in the tourism industry at the current stage of their development and be developed under the leadership of the Ministry of Sports and Tourism of the Russian Federation.

The last group of contractual relations of the hotel can include, for example, contracts for rent, supply, transportation, security of the hotel, sale and purchase, water and energy supply, provision of communication services, etc., intermediary contracts - commercial concession contracts, commissions, agency and some others.

Given that the main purpose of the service provider is to provide hotel services to tourists, the contracts included in the last group of contractual relations can rightly be called security, since they create the material conditions for the establishment and execution of civil law contracts for the provision of hotel services.

The structure of contractual relations discussed above involves the conclusion of an agreement for the provision of hotel services and agreements that ensure the normal production functioning of the hotel. Since the contracts included in the second group, concluded by the hotel with counterparties, do not have the appropriate specifics, in this regard, we will dwell on the contract for the provision of hotel services in more detail.

All DOs of hotel activities can be divided into two groups: contracts with contractors and customers. There are the following types of agreements with contractors: agreement on a quota of places with a guarantee of filling from 30 to 80% (the travel agency receives prices for places lower than at regular rates); agreement on a quota of seats without a guarantee of filling (regular rates); an agreement on the firm purchase of places with full payment (the travel agency receives prices for places lower than at regular rates); current booking agreement (regular rates); agency agreement (the travel agency receives an agency fee from the hotel, because it acts on its behalf).

An agreement is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations. The rules on bilateral and multilateral transactions provided for in Ch. 9 of the Civil Code of the Russian Federation. The general provisions on obligations (Articles 307-419) apply to obligations arising from a contract, unless otherwise provided by the rules on certain types agreements contained in the Civil Code of the Russian Federation. For contracts concluded by more than two parties, the general provisions on the contract apply, unless this contradicts the multilateral nature of such contracts. Citizens and legal entities are free to conclude a contract. Coercion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by this Code, the law or a voluntarily assumed obligation. The contract must comply with the rules binding on the parties, established by law and other legal acts (mandatory norms) in force at the time of its conclusion.

Contractual relations in hotel activities are regulated by the following regulations: the Civil Code of the Russian Federation, the Federal Law on the Basics of Tourist Activities in the Russian Federation (November 24, 1996) as amended in January 2007, the RFP Law (February 7, 1997). By-laws: Decree of the Government of the Russian Federation (April 25, 1997) on the approval of the rules for the provision of hotel services. This is the main regulatory document for hotels in the Russian Federation. Two legal documents of an international character: "International Hotel Convention Concerning the Contracting of Hotel Owners and Travel Agents" (dated June 17, 1979), and "International Rules Approved by the Council of International Hotel Associations" dated November 2, 1981.

The contract is concluded with the client upon presentation of a passport or other identity document. The contract concluded by the consumer with the hotel is a public contract, => any party has no right to refuse him this. Refusal is possible only under certain conditions provided by law. Thus, a contract for the provision of hotel services is a paid public contract and can be concluded upon presentation of any document proving the identity of a person (if it is issued in the prescribed manner). In this case, we are talking about civil law relations.

The administrative and legal aspect of DO is as follows. On the territory of the Russian Federation, there are rules for the registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation, approved by the government of the Russian Federation on July 17, 1995. These rules oblige citizens to register at the place of stay. In accordance with clause 14 of the rules, registration at the place of stay in the hotel is mandatory by the hotel administration on the basis of identity documents (passport, birth certificate). Moreover, in accordance with the Code of Administrative Offenses, an administrative penalty is established for persons responsible for compliance with the rules of registration (a warning or a fine of 3 minimum wages). At the same time, a law on the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation is in force on the territory of the Russian Federation.

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1. Under the contract for the provision of hotel services, one party the Contractor (hotel) undertakes, on the instructions of the other party of the Customer (guest), to provide the services of an accommodation facility, and the Customer undertakes to pay for such services.

2. The contract for the provision of hotel services is a public contract.

3. The hotel is obliged to provide the guest with the necessary and reliable information about the hotel services and about the contractor before the conclusion of the contract.

4. The essential terms of the contract for the provision of hotel services are the conditions on the price, services provided by the hotel and the term of the contract.

5. The guest is obliged to pay for the hotel services provided to him on time and in the manner specified in the contract.

The hotel, in order to secure claims for payment for its services rendered to the guest, has the right to pledge on things transferred to the hotel for storage and in the possession of the hotel, unless otherwise provided by law or by agreement between the guest and the hotel.

In cases where, in accordance with the law or other legal acts, benefits or advantages are established for guests in paying for hotel services, the expenses incurred in connection with this are reimbursed by the hotel at the expense of the relevant budget.

6. The hotel is responsible to the guests for the inability to provide hotel services resulting from the sale (booking) of services in excess of the actual number of rooms (beds) in the hotel required for their provision ("overbooking").

In this case, the hotel is obliged at its own expense to provide accommodation services for the guest in another hotel - of a similar or higher category (class) and located in the same area (district), as well as reimburse the guest for the necessary expenses for his moving to a new hotel.

If there are no other hotels in the given locality (district) or the guest refuses the contract for hotel services, the hotel is obliged to compensate the guest for losses associated with improper performance of the contract, as well as pay a penalty (fine) determined by agreement of the parties, but not less than equal to the cost of accommodation services for one day.

7. The hotel has the right to withdraw from the contract for the provision of hotel services in the following cases:

a) if the state of health of the guest threatens the safety of the guest or other persons, which is confirmed by medical documents, as well as creates disorder and irreparable inconvenience for other persons;

b) refusal of the guest to pay for hotel services in the manner and terms established by the contract;

c) violation by the guest of the rules of accommodation in the hotel, creating a threat to the life or health of other persons;

d) the presence in the things that are with the guest, objects or substances that pose a threat to the life or health of other persons.

In case of refusal of the hotel from the contract, the amount paid for accommodation and temporary accommodation in the hotel is returned to the guest, minus the cost of the services actually provided by the hotel until the moment of cancellation of the contract.

8. Other terms of the contract for the provision of hotel services are determined by the rules for the provision of hotel services, approved by the Government of the Russian Federation, in accordance with the Civil Code of the Russian Federation, this law and consumer protection legislation.

Article 51

1. The tour operator and the hotel, if necessary, the systematic implementation of hotel services for tourists, may conclude long-term agreements on the organization of hotel services.

Under the agreement on the organization of hotel services, the hotel undertakes to provide hotel services within the established time limits and / or in accordance with a predetermined program of stay, and the tour operator - to send the specified number of tourists and pay for the services provided to them.

The agreement on the organization of hotel services determines the number of tourists, the list and types of services provided, the number, categories (classes) of rooms, the terms and procedure for settlements, as well as other conditions for organizing hotel services provided for by agreement of the parties.

2. In accordance with the contract for the organization of hotel services, the hotel is obliged to guarantee to the tour operator that the quality and scope of services provided to tourists must correspond to the quality and scope of services provided by the hotel to its guests.

Chapter IX. The international cooperation

Article 52. International treaties of the Russian Federation in the field of tourism

The legal basis for international cooperation in the field of tourism is formed by international treaties of the Russian Federation, concluded in accordance with the Federal Law “On International Treaties of the Russian Federation”.

Article 53. Representations of the Russian Federation in the field of tourism outside the Russian Federation

In order to promote Russian tourism in the world tourism market, the Russian Federation has the right to create representative offices in the field of tourism outside the Russian Federation. The procedure for the creation, operation and liquidation of these representative offices is determined by the Government of the Russian Federation in accordance with international treaties Russian Federation.

Chapter X. Final Provisions

Article 54. Responsibility for violation of the legislation of the Russian Federation on tourism

1. Violation of the legislation of the Russian Federation on tourism and the tourism industry entails liability in accordance with the legislation of the Russian Federation.

2. The subjects of the tourism industry are responsible for the safety of the citizens they serve, as well as for causing damage to tourism resources as a result of their development and use.

The Russian Federation, ensuring the protection and preservation of the natural and historical and cultural environment, through authorized bodies, suspends, restricts and terminates activities in the tourism industry that have a harmful effect on environment, determines other measures for its protection.

3. Individuals engaged in tourism on the territory of the Russian Federation shall be liable for causing damage to tourism resources, as well as to the natural environment.

4. Objects of statistical observation in tourism shall be liable for failure to provide, violation of reporting deadlines or presentation of distorted information about entrepreneurial and other economic activities in the tourism industry.

Article 55

1. This Federal Law shall enter into force on the day of its official publication.

2. Restrictions for foreign citizens and organizations established in Art. 27 of this Federal Law are valid for 5 years after its entry into force, with the exception of paragraph 5 of this article.

Article 56

1. From the date of entry into force of this Federal Law, the Federal Law “On the Fundamentals of Tourist Activities in the Russian Federation” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 02.12.96, No. 49, Article 5491) shall be declared invalid.

2. Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their regulatory legal acts in line with this Federal Law.

3. Within a period not later than 12 months from the date of entry into force of this Federal Law, legal entities and individual entrepreneurs, carrying out tour operator activities, are obliged to provide to the bodies that carry out licensing of tour operator and travel agency activities, proper confirmation of the existence of a liability insurance contract or other financial security for the liability of the tour operator that meets the requirements of this Federal Law.

4. Legal entities and individuals engaged in tourism and excursion activity prior to the entry into force of this Federal Law, are obliged to bring their constituent documents in line with the requirements of this Federal Law within one year from the date of its entry into force.

Moscow Kremlin