Individuals, Which Provide Hotel Services Without State Registration Them As Subjects Of Entrepreneurship: Problems Of Protection The Consumers ' Rights

Abstract

System analysis of the current legislation, which regulate relations of providing the hotel services shows that hotel services may be provided by individuals without the state registration them as subjects of entrepreneurship.

The author states that relations of placement the tourists by individuals who are not business entities, even taking into account the existing regulatory framework, more look like housing rent than providing services.

In addition, this creates problems in the area of protecting the rights of individuals who use the services of these entities. After all, consumer relations are the relations between an individual and a business entity, who does work or provides services, manufactures or sells goods, therefore the Law of Ukraine «On Consumer Rights Protection» does not apply to relations in which both sides are individuals.

At the same time, the legislation does not establish specific mechanisms of protection or norms of liability in this particular case.

These gaps in the normative regulation of the researched problem leads to the absence of effective mechanisms for protecting the rights of consumers of hotel services provided by individuals.

The author comes to the conclusion that there are several ways of resolving the issue of protecting the rights of consumers of hotel services provided by individuals: establishing at the legislative level the rules on liability of individuals who provide hotel services without the state registration them as subjects of entrepreneurship and the mechanism of bringing to it; fixing on a legislative level a clear separation of hotel services and short-term lease; consolidating the provision that hotel services may be provided exclusively by business entities.