Rules for the provision of services. Rules for the provision of hotel services in the Russian Federation: general provisions and procedures for the provision of services

1. These Rules developed in accordance with the Law Russian Federation"On Protection of Consumer Rights", govern the relationship that arises between the consumer and the contractor in the provision of services (performance of work) for maintenance and repair of motor vehicles and their constituent parts(hereinafter referred to as - automoto vehicles).

38. For non-fulfillment or improper fulfillment of obligations under the contract, the performer shall be liable under federal laws and contract.

39. If the consumer is not given the opportunity to obtain information about the service (work) at the conclusion of the contract, he has the right to demand from the contractor compensation for losses caused by unreasonable evasion from concluding the contract, and if the contract is concluded, terminate it within a reasonable time and demand the return of the paid for services ( work) amount and compensation for other damages.

The Contractor, who did not provide the consumer with complete and reliable information about the service (work), is liable, provided for in paragraph 40 of these Rules, for the shortcomings of the service (work) that arose after it was accepted by the consumer due to the lack of such information.

40. In case of detection of shortcomings in the rendered service (performed work), the consumer has the right, at his choice, to demand from the contractor:

A) gratuitous elimination of defects;

B) a corresponding reduction in the price set for the work;

C) gratuitous re-performance of work;

D) reimbursement of expenses incurred by him to correct deficiencies on his own or by third parties.

The consumer has the right to refuse to perform the contract and demand full compensation for losses if the shortcomings of the service rendered (work performed) are not eliminated by the contractor within the period established by the contract. The consumer also has the right to refuse to perform the contract if he discovers significant shortcomings in the service provided (work performed) or significant deviations from the terms of the contract.

The consumer also has the right to demand full compensation for losses caused to him in connection with the shortcomings of the service provided (work performed). Losses are reimbursed within the time limits established to meet the relevant requirements of the consumer.

41. Claims related to shortcomings of the rendered service (performed work) may be presented upon acceptance of the rendered service (performed work), in the course of rendering the service (performing work) or, if it is impossible to detect deficiencies in the acceptance of the rendered service (performed work), in during the warranty period, and in its absence - within a reasonable time, within 2 years from the date of acceptance of the service rendered (work performed).

42. The contractor is responsible for the shortcomings of the service rendered (work performed), for which the warranty period is not established, if the consumer proves that they arose before he accepted it or for reasons that arose before that moment.

The Contractor is responsible for the shortcomings of the rendered service (performed work), for which the warranty period is established, unless he proves that they arose after the acceptance of the rendered service (performed work) by the consumer as a result of his violation of the rules for using the result of the rendered service (performed work), actions of third parties or force majeure.

In the event that the warranty period provided for by the contract is less than 2 years and the defects in the service provided (work performed) are discovered by the consumer after the expiration of the warranty period, but within two years, the consumer has the right to make claims under paragraph 40 of these Rules if he proves that such defects arose before he accepted the result of the rendered service (work performed) or for reasons that arose before that moment.

43. Shortcomings of the rendered service (performed work) must be eliminated by the performer within the reasonable period specified by the consumer, which is indicated in the contract.

44. In the event that significant shortcomings of the rendered service (performed work) are revealed, the consumer has the right to present the contractor with a demand for the free elimination of shortcomings, if he proves that the shortcomings arose before he accepted the result of the rendered service (performed work) or for reasons that arose before that moment. This requirement may be brought if such shortcomings are discovered after 2 years from the date of acceptance of the result of the rendered service (performed work), but within the service life established for the result of the rendered service (performed work) or within 10 years from the date of acceptance of the result of the rendered service (work performed) by the consumer, if the service life is not established. If this requirement not satisfied within 20 days from the date of its presentation by the consumer or the discovered defect is irreparable, the consumer, at his choice, has the right to demand:

A) a corresponding reduction in the price for the service rendered (work performed);

B) reimbursement of expenses incurred by him to eliminate the shortcomings of the rendered service (performed work) on his own or by third parties;

C) refusal to perform the contract and compensation for losses.

45. The contractor who provided spare parts and materials for the provision of services and performance of work is responsible for their quality in accordance with the rules of the seller's liability for goods of inadequate quality in accordance with the civil legislation of the Russian Federation.

46. If the contractor violated the terms for the provision of a service (performance of work), the start and (or) end dates for the provision of a service (performance of work) and (or) the intermediate terms for the provision of a service (performance of work) or during the provision of a service (performance of work) it became obvious, that it will not be completed on time, the consumer, at his choice, has the right:

paragraph 46 of these Rules.

49. In case of refusal to perform the contract, the performer is not entitled to demand reimbursement of his expenses incurred in the process of providing the service (performing work), as well as payment for the service rendered (performed work), unless the consumer accepted the rendered service (performed work).

50. In case of violation of the established deadlines for the provision of a service (performance of work) or new deadlines assigned by the consumer, the contractor shall pay the consumer for each day (hour, if the deadlines are determined in hours) of delay a penalty (penalty) in the amount of 3 percent of the price for the provision of the service (performance of work), and if the price for the provision of a service (performance of work) is not determined by the contract, - the total price of the service (work). The contract may establish a higher amount of the penalty (fines).

A penalty (penalty) for violation of the deadlines for the start of the provision of a service (performance of work), its stage (if the stages of the provision of a service (performance of work) are defined in the contract) shall be collected for each day (hour, if the terms are specified in the contract in hours) of delay until the start of the provision service (performance of work)), its stage or presentation by the consumer of the requirements provided for in paragraph 46 of these Rules.

A penalty (penalty) for violation of the deadlines for the completion of the provision of a service (performance of work), its stage (if the stages of the provision of a service (performance of work) are defined in the contract) shall be charged for each day (hour, if the terms are specified in the contract in hours) of delay until the end of the provision of the service (performance of work), its stage or presentation by the consumer of the requirements provided for in paragraph 46 of these Rules.

The amount of the penalty (penalties) collected by the consumer cannot exceed the price separate species provision of a service (performance of work) or the total price of the order, if the price of performing a particular type of service (work) is not specified in the contract.

51. In case of non-fulfillment of the order within the established time limits, in addition to paying the penalty, the consumer must be refunded in full the extra charge for urgency, if such was provided for by the contract.

52. Losses caused to the consumer are subject to compensation in full in excess of the penalty (penalties) established by law or the contract, unless otherwise provided by law.

Satisfaction of the consumer's requirements for the gratuitous elimination of deficiencies or for the re-provision of a service (performance of work) does not relieve the contractor from liability in the form of payment of a penalty for violating the deadline for the provision of a service (performance of work).

53. Damage caused to the life, health and property of the consumer as a result of deficiencies in the rendered service (performed work) for the maintenance and repair of motor vehicles is subject to compensation in full in the manner established by federal laws.

54. The procedure and terms for satisfying the requirements of the consumer by the contractor, as well as liability for violation of these terms, are regulated by the Law of the Russian Federation "On Protection of Consumer Rights".

55. State control over compliance with these Rules is carried out by federal Service on supervision in the field of consumer protection and human well-being (its territorial bodies), as well as other federal bodies executive power(their territorial bodies) within their competence.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles

Document as amended by:
Decree of the Government of the Russian Federation of January 23, 2007 N 43;
(Official Internet portal of legal information www.pravo.gov.ru, 03.02.2017, N 0001201702030028).
____________________________________________________________________

Government of the Russian Federation
(Preamble as amended, entered into force on February 11, 2017 by Decree of the Government of the Russian Federation of January 31, 2017 N 109.

decides:

1. Approve the attached Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles.

2. Recognize as invalid:

Decree of the Government of the Russian Federation of June 24, 1998 N 639 "On approval of the Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles" (Collected Legislation of the Russian Federation, 1998, N 26, Art. 3090);

paragraph 8 of the amendments and additions made to the acts of the Government of the Russian Federation on certification of products and services, approved by the Decree of the Government of the Russian Federation of October 2, 1999 N 1104 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1999, N 41, Art. 4923).

Prime Minister
Russian Federation
M. Kasyanov

RULES for the provision of services (performance of work) for the maintenance and repair of motor vehicles

APPROVED
Government Decree
Russian Federation
dated April 11, 2001 N 290

I. General provisions

1. These Rules, developed in accordance with, regulate the relations arising between the consumer and the contractor in the provision of services (performance of work) for the maintenance and repair of motor vehicles and their components (hereinafter referred to as motor vehicles).

2. The terms used in these Rules mean the following:

"consumer" - a citizen who intends to order, or ordering, or using services (works) for the maintenance and repair of motor vehicles solely for personal, family, household and other needs not related to entrepreneurial activities;

"executor" - an organization, regardless of the legal form, as well as an individual entrepreneur providing services to consumers (performing work) for the maintenance and repair of motor vehicles under a paid contract (hereinafter referred to as the contract).

II. Information about services (works), the procedure for accepting orders and drawing up contracts

3. The contractor is obliged to bring to the attention of the consumer the company name (name) of his organization, location (legal address) and mode of operation. This information must be posted on the sign.

The contractor - an individual entrepreneur must provide information about state registration indicating the name of the body that registered it.

In the event of a temporary suspension of the organization's activities for sanitary, repair and other measures, the contractor is obliged to inform consumers about the date of suspension of work and the time during which the organization will not carry out its activities.

If the type of activity carried out by the contractor is subject to licensing, the consumer must be provided with information about the number of the license, its validity period and the authority that issued the license.

4. Before the conclusion of the contract, the contractor is obliged to provide the consumer with the necessary reliable information about the services provided (works performed), which ensures the possibility of their correct choice.

This information should be placed in the room where orders are received, in a place convenient for viewing, and must contain:

a) a list of services provided (works performed) and forms of their provision;

b) the names of the standards, the mandatory requirements of which must comply with the services provided (work performed);

c) information on mandatory confirmation of compliance of the services provided (works performed) with the established requirements, if such services (works) are subject to mandatory confirmation of compliance (number and validity of the document confirming compliance, the body that issued it);

d) prices for services rendered (works performed), as well as prices for spare parts and materials used in this case, and information on the procedure and form of payment;

e) warranty periods, if any;

f) information on the timing of orders;

g) an indication of a specific person who will provide the service (perform work), and information about him, if it matters based on the nature of the service (work).

5. Information on the mandatory confirmation of the compliance of the services provided (works performed) with the mandatory requirements that ensure their safety for the life and health of consumers, environment and prevention of harm to consumers' property, is also provided in the form of marking in the prescribed manner with a mark of conformity.

6. The contractor is also obliged to provide the consumer for review:

a) these Rules;

b) the address and telephone number of the consumer protection unit of the authority local government if such a subdivision exists;

c) samples of contracts, work orders, acceptance certificates, receipts, coupons and other documents certifying the acceptance of the order by the contractor, execution of the contract and payment for services (works) by the consumer;

d) a list of categories of consumers entitled to receive benefits, as well as a list of benefits provided in the provision of services (performance of work), in accordance with federal laws and other regulatory legal acts.

The contractor is obliged to inform the consumer, at his request, of other information related to the contract and the relevant service (work performed).

7. After the provision of the service (performance of work), the following information must be brought to the attention of the consumer by providing technical documentation, marking or in another way accepted for certain types of services (works), the following information:

a) on the rules and conditions for the effective and safe use of the results of the provision of services (performance of work);

b) on the service life or expiration date, as well as on the necessary actions of the consumer after the expiration of the specified periods and the possible consequences of failure to perform such actions, if after the expiration of the specified periods the motor vehicles pose a danger to the life, health and property of the consumer or become unsuitable for their intended use .

8. The contractor is obliged to timely provide the consumer with information about his organization and about the services provided (works performed) in a clear and accessible form, also in cases where the service is carried out outside the permanent location of the organization (in temporary premises, mobile teams, etc.).

9. Information must be communicated to the consumer in Russian and additionally, at the discretion of the performer, in the state languages of the constituent entities of the Russian Federation and the native languages of the peoples of the Russian Federation.

10. The contractor is obliged to comply with the established (announced) mode of operation, which for state and municipal organizations established respectively by the executive authorities of the constituent entities of the Russian Federation and local governments.

The mode of operation of organizations of a different organizational and legal form, as well as individual entrepreneurs, is established by them independently.

11. The contractor is obliged to have a book of reviews and suggestions, which is provided to the consumer at his request.

12. The contractor accepts for implementation (performance) only those services (works) that correspond to the nature of its activities.

The provision of services (performance of works) is carried out on a preliminary request or without it.

An application for the provision of a service (performance of work) can be submitted by the consumer in writing, as well as orally (by telephone). On the basis of the application, the contractor sets the date and time for the consumer to arrive and provide the motor vehicle for the provision of the service (performance of work). The Contractor is obliged to ensure registration of applications.

If the consumer does not arrive at the place of work at the appointed time, then his service is carried out in the order of the general queue.

13. The contractor is obliged to conclude an agreement if it is possible to provide the declared service (perform the declared work).

The Contractor is not entitled to give preference to one consumer over another in relation to the conclusion of the contract, except as provided by law and other regulatory legal acts.

14. The contract is concluded upon presentation by the consumer of an identity document, as well as documents proving the ownership of the motor vehicle (registration certificate, passport of the motor vehicle, reference-account). When handing over for repair individual components of a motor vehicle that are not numbered, the presentation of these documents is not required.

The consumer, who is not the owner of the motor vehicle, presents a document confirming the right to operate the motor vehicle.

A consumer who enjoys the right to preferential service presents documents confirming that he has such a right. The right to preferential service is retained by him even in cases where he uses a motor vehicle by proxy.

When drawing up and fulfilling the contract, the documents presented by the consumer are not withdrawn.

15. The contract is concluded in writing (work order, receipt or other document) and must contain the following information:

a) company name (name) and location (legal address) of the executing organization (for individual entrepreneur- surname, name, patronymic, information on state registration);

b) last name, first name, patronymic, phone number and address of the consumer;

c) the date of acceptance of the order, the timing of its execution. If the provision of services (performance of work) is carried out in installments during the term of the contract, the contract must accordingly provide for the terms (periods) for the provision of such services (performance of such work). By agreement of the parties, the contract may also provide for intermediate deadlines for the completion of certain stages of the provision of services (performance of work);

d) the price of the service (work performed), as well as the procedure for its payment;

e) brand, model of motor vehicle, state license plate, numbers of main units;

f) the price of a motor vehicle, determined by agreement of the parties;

g) a list of services rendered (works performed), a list of spare parts and materials provided by the contractor, their cost and quantity;

h) a list of spare parts and materials provided by the consumer, indicating information on the mandatory confirmation of their compliance with mandatory requirements, if such requirements are established by federal laws or in accordance with the procedure established in accordance with them, in particular standards;

i) warranty periods for the results of work, if any;

j) position, surname, name, patronymic of the person accepting the order (drawing up the contract), his signature, as well as the signature of the consumer;

k) other necessary data related to the specifics of the services provided (works performed).

16. The contractor is obliged to provide a service (perform work), determined by the treaty, using our own spare parts and materials, unless otherwise provided by the contract.

17. An agreement executed in the presence of the consumer (tire inflation, diagnostic work, some maintenance and repair work, washing, etc.) can be executed by issuing a receipt, token, coupon, cash receipt, etc.

18. If the consumer leaves the contractor a motor vehicle for the provision of services (performance of work), the contractor is obliged to draw up an acceptance certificate simultaneously with the contract, which indicates the completeness of the motor vehicle and visible external damage and defects, information on the provision by the consumer of spare parts and materials indicating their exact name, description and price.

The acceptance certificate is signed by the responsible person of the contractor and the consumer and certified by the seal of the contractor (if there is a seal).
(Paragraph as amended, put into effect on February 11, 2017 by Decree of the Government of the Russian Federation of January 31, 2017 N 109.

Copies of the contract and acceptance certificate are issued to the consumer.

19. In case of loss of the contract, the consumer must notify the contractor. In this case, the motor vehicle is issued to the consumer on the basis of his written application upon presentation of a passport or other identity document.

20. The consumer has the right, at his choice, to entrust the contractor with carrying out certain types of maintenance and repair work.

The contractor is not entitled to provide additional services (perform work) for a fee without the consent of the consumer, as well as condition the provision of some services (performance of work) on the mandatory performance of others.

The consumer has the right to refuse to pay for services rendered without his consent (work performed), and if they have already been paid, to demand the return of the amounts paid for them.

21. The contractor is obliged to immediately notify the consumer and, until receiving instructions from him, suspend the provision of the service (performance of work) in the event of:

a) detection of unsuitability or poor quality of spare parts and materials received from the consumer;

b) if compliance with the instructions of the consumer and other circumstances depending on the consumer may reduce the quality of the service provided (work performed) or lead to the impossibility of completing it on time.

22. The contractor who did not warn the consumer about the circumstances specified in paragraph 21 of these Rules or continued to provide the service (performance of work) without waiting for the expiration of the period specified in the contract (and in its absence, a reasonable period for responding to the warning) or not taking into account the timely indication of the consumer on the termination of the provision of services (performance of work), is not entitled to refer to these circumstances when presenting to him or them to the consumer the relevant requirements.

If the consumer, despite a timely and reasonable warning from the contractor, does not replace unsuitable or substandard spare parts and materials within a reasonable time, does not change instructions on the method of providing the service (performance of work), or does not eliminate other circumstances that may reduce the quality of the service provided ( performed work), the contractor has the right to terminate the contract and demand full compensation for losses.

III. Procedure for payment for services rendered (work performed)

23. The procedure for payment for the service rendered (work performed) is determined by the contract between the consumer and the contractor (paragraph as amended by .

The consumer is obliged to pay for the service (work performed) provided by the contractor in full after it is accepted by the consumer. With the consent of the consumer, the service (work) can be paid by him at the conclusion of the contract in full or by issuing an advance payment (paragraph as amended by Decree of the Government of the Russian Federation of January 23, 2007 N 43.

Spare parts and materials provided by the contractor are paid by the consumer at the conclusion of the contract in full or in the amount specified in the contract, with the condition of final payment upon receipt by the consumer of the service provided by the contractor (work performed), unless a different procedure for payment for spare parts and materials of the contractor is provided by the agreement sides.

In accordance with the contract, spare parts and materials can be provided by the contractor on credit, including the condition of payment by the consumer in installments.

24. The price of the rendered service (performed work) in the contract is determined by the agreement between the performer and the consumer. If for any type of service (work) the price is set or regulated by state bodies, then the price determined by the contract between the contractor and the consumer cannot be higher than it.

25. An estimate may be drawn up for the provision of a service (performance of work) provided for by the contract. Drawing up such an estimate at the request of the consumer or contractor is mandatory.

In cases where the service (work) is provided (performed) in accordance with the estimate drawn up by the contractor, the estimate becomes part of the contract from the moment it is confirmed by the consumer.

26. Estimates may be approximate or firm. In the absence of other indications in the contract, the estimate is considered firm.

The contractor is not entitled to demand an increase in a firm estimate, and the consumer - its reduction, including in the case when at the time of the conclusion of the contract it was impossible to provide for the full amount of services to be provided (performance of work) or the costs necessary for this.

The contractor has the right to demand an increase in the firm estimate in case of a significant increase in the cost of spare parts and materials provided by the contractor (as well as services provided to him by third parties), which could not be foreseen at the conclusion of the contract. If the consumer refuses to comply with this requirement, the contractor has the right to terminate the contract in court.

If there was a need to provide additional services(performance of additional work) and a significant excess for this reason of the approximate estimate, the contractor is obliged to warn the consumer in a timely manner. If the consumer has not agreed to exceed the approximate estimate, he has the right to refuse to perform the contract. In this case, the contractor may require the consumer to pay for the rendered part of the service (performed part of the work).

The contractor, who did not warn the consumer in a timely manner about the need to exceed the approximate estimate, is obliged to fulfill the contract, while retaining the right to pay for the service (work) within the approximate estimate.

IV. The procedure for the provision of services (performance of work)

27. The quality of the services provided (works performed) must comply with the terms of the contract, and in the absence of quality requirements in the contract or if they are insufficient, the requirements usually imposed on the quality of services (works) of this kind.

If federal laws or in accordance with the procedure established in accordance with them, in particular standards, provide for mandatory requirements for the services provided (work performed), the contractor must provide a service (perform work) that meets these requirements.

28. The contractor is obliged to provide a service (perform work) within the time limits stipulated by the contract.

When rendering services (performing work) with a visit to the consumer, the contractor ensures the presence of his employees, the delivery of spare parts and materials, technical means and tools at the time agreed with the consumer, and the consumer is obliged to create the necessary conditions for the provision of services (performance of work).

29. The request of the consumer for the provision of additional services (performance of additional work) is formalized by the contract.

30. If in the course of the provision of services (performance of work) deficiencies that threaten traffic safety are identified, the performer is obliged to act in the manner prescribed by paragraph 21 of these Rules.

If the consumer disagrees with the work to eliminate malfunctions identified in the process of providing services (performance of work) and threatening traffic safety, or if it is impossible to eliminate these malfunctions in the process of repairing a motor vehicle in all copies of the acceptance certificate or in another document confirming acceptance, a record is made about the presence of such faults. The specified record is certified by the responsible person of the contractor and the consumer.

31. The consumer has the right at any time to check the progress and quality of the provision of services (performance of work), without interfering in the activities of the contractor. The contractor is obliged to ensure that the consumer is in industrial premises taking into account the observance of the technological mode of operation, safety regulations, fire safety and industrial sanitation.

32. The consumer has the right to terminate the contract at any time by paying the contractor a part of the price in proportion to the part of the service rendered (work performed) before receiving a notice of termination of the said contract and reimburse the contractor for the expenses incurred by him up to that moment in order to fulfill the contract, if they are not included in the specified part of the price of the service (work).

33. The motor vehicle is issued to the consumer or his representative after full payment for the service rendered (work performed) upon presentation of the acceptance certificate and contract (receipt, etc.), passport or other identification document, and for the representative of the consumer - also a power of attorney issued according to established order.

34. The issuance of a motor vehicle to the consumer is carried out after the contractor controls the completeness and quality of the service rendered (work performed), completeness and safety of the trade dress of the motor vehicle.

35. The consumer is obliged, in the manner and within the time limits stipulated by the contract, to check, with the participation of the contractor, the completeness and technical condition motor vehicle, as well as the volume and quality of the service provided (work performed), the serviceability of the units and assemblies that have undergone repair, and accept the service rendered (work performed). Upon detection of deviations from the contract that worsen the result of the service rendered (work performed), the replacement of components, the incompleteness of the motor vehicle and other shortcomings, the consumer is obliged to immediately report this to the contractor. These shortcomings must be described in the acceptance certificate or other document certifying acceptance, which is signed by the responsible person of the contractor and the consumer. The consumer, who discovered shortcomings upon acceptance of the order, has the right to refer to them if these shortcomings were specified in the acceptance certificate or other document certifying acceptance, or the possibility of subsequent presentation of requirements for their elimination.

Unless otherwise provided by the contract, the consumer who accepted the order without checking is deprived of the right to refer to defects that could be detected during the usual method of acceptance (obvious defects).

The consumer who, after accepting the order, discovered that the execution of the order did not comply with the contract or other shortcomings that could not be established with the usual method of acceptance (hidden shortcomings), including those that were deliberately hidden by the contractor, are obliged, upon their discovery, to notify the contractor about this within a reasonable time .

After the execution of the contract or the consumer's refusal to fulfill it, the contractor is obliged to issue to the consumer invoices for the numbered units newly installed on the motor vehicle, submit to the consumer a report on the expenditure of spare parts and materials paid for by him and return their balances or, with the consent of the consumer, reduce the price of the service (work) taking into account the cost of unused spare parts and materials remaining with the contractor, as well as return the replaced (faulty) components and parts.

36. In case of complete or partial loss (damage) of a motor vehicle (spare parts and materials) received from the consumer, the contractor is obliged to notify the consumer about this and within 3 days transfer the motor vehicle (spare parts and materials) of the same quality to the consumer free of charge or reimburse in 2 times the price of the lost (damaged) motor vehicle (spare parts and materials), as well as the costs incurred by the consumer.

In the case of the provision of a service (performance of work) using spare parts and materials provided by the consumer, the contractor is exempted from liability for their complete or partial loss (damage), if the consumer is warned by the contractor about their special properties that may entail their complete or partial loss ( damage).

37. In the event of a disagreement between the consumer and the contractor regarding the shortcomings of the service provided (work performed) or their reasons, the contractor is obliged, on his own initiative or at the request of the consumer, to send the motor vehicle for examination and pay for its implementation.

If the examination establishes the absence of violations by the contractor of the terms of the contract or a causal relationship between the actions of the contractor and the identified shortcomings, the expenses for the examination shall be borne by the party on whose initiative (requirement) it was carried out, and if the examination is appointed by agreement of the parties, the contractor and the consumer equally.

V. Responsibility of the performer

38. For non-fulfillment or improper fulfillment of obligations under the contract, the performer shall be liable under federal laws and the contract.

40. In case of detection of shortcomings in the rendered service (performed work), the consumer has the right, at his choice, to demand from the contractor:

a) gratuitous elimination of defects;

b) a corresponding reduction in the price set for the work;

c) gratuitous re-performance of work;

d) reimbursement of expenses incurred by him to correct deficiencies on his own or by third parties.

The consumer has the right to refuse to perform the contract and demand full compensation for losses if the shortcomings of the service rendered (work performed) are not eliminated by the contractor within the period established by the contract. The consumer also has the right to refuse to fulfill the contract if he discovers significant shortcomings in the service provided (work performed) or significant deviations from the terms of the contract (paragraph as amended by Decree of the Government of the Russian Federation dated January 23, 2007 N 43.

43. Shortcomings of the rendered service (performed work) must be eliminated by the performer within the reasonable period specified by the consumer, which is indicated in the contract.

44. In the event that significant shortcomings of the rendered service (performed work) are revealed, the consumer has the right to present the contractor with a demand for the free elimination of shortcomings, if he proves that the shortcomings arose before he accepted the result of the rendered service (performed work) or for reasons that arose before that moment. This requirement may be brought if such shortcomings are discovered after 2 years from the date of acceptance of the result of the rendered service (performed work), but within the service life established for the result of the rendered service (performed work) or within 10 years from the date of acceptance of the result of the rendered service (work performed) by the consumer, if the service life is not established. If this requirement is not satisfied within 20 days from the date of its presentation by the consumer or the discovered defect is irreparable, the consumer, at his choice, has the right to demand:

a) a corresponding reduction in the price for the service rendered (work performed);

b) reimbursement of expenses incurred by him to eliminate the shortcomings of the rendered service (performed work) on his own or by third parties;

c) refusal to fulfill the contract and compensation for losses (subparagraph as amended by the Decree of the Government of the Russian Federation of January 23, 2007 N 43.

a) assign a new term to the contractor;

b) entrust the provision of services (performance of work) to third parties for a reasonable price or perform it on their own and require the contractor to reimburse the costs incurred;

c) demand a reduction in the price for the provision of a service (performance of work);

d) refuse to fulfill the contract (subparagraph as amended by the Decree of the Government of the Russian Federation dated January 23, 2007 N 43.

47. The consumer is also entitled to demand full compensation for losses caused to him in connection with the violation of the terms for the provision of services (performance of work). Losses are reimbursed within the time limits established to meet the relevant requirements of the consumer.

48. The new terms for the provision of services (performance of work) appointed by the consumer are drawn up by the contract.

If the contractor fails to comply with the new deadlines, the consumer has the right to present him with other requirements established by paragraph 46 of these Rules.

49. In case of refusal to perform the contract, the performer is not entitled to demand reimbursement of his expenses incurred in the process of providing the service (performing work), as well as payment for the service rendered (work performed), unless the consumer accepted the rendered service (performed work) ( paragraph as amended by Decree of the Government of the Russian Federation of January 23, 2007 N 43.

50. In case of violation of the established deadlines for the provision of a service (performance of work) or new deadlines assigned by the consumer, the contractor shall pay the consumer for each day (hour, if the deadlines are determined in hours) of delay a penalty (penalty) in the amount of 3 percent of the price for the provision of the service (performance of work), and if the price of the service (performance of work) is not determined by the contract, the total price of the service (work). The contract may establish a higher amount of the penalty (fines).

A penalty (penalty) for violation of the deadlines for the start of the provision of the service (performance of work), its stage (if the stages of the provision of the service (performance of work) are defined in the contract) shall be charged for each day (hour, if the terms are specified in the contract in hours) of delay until the start of the provision of the service (performance of work), its stage or presentation by the consumer of the requirements provided for in paragraph 46 of these Rules.

The amount of the penalty (penalties) collected by the consumer cannot exceed the price of a particular type of service (performance of work) or the total price of the order, if the price of performance of a particular type of service (work) is not determined by the contract.

52. Losses caused to the consumer are subject to compensation in full in excess of the penalty (penalties) established by law or the contract, unless otherwise provided by law.

54. The procedure and terms for the satisfaction of the consumer's requirements by the contractor, as well as liability for violation of these terms, are regulated by the Law of the Russian Federation "On Protection of Consumer Rights".

55. State control over compliance with these Rules is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (its territorial bodies), as well as other federal executive authorities (their territorial bodies) within their competence (paragraph as amended by the Decree of the Government of the Russian Federation Federation of January 23, 2007 N 43.

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

57. Baggage delivered without reloading en route and not claimed within 30 days from the date of its arrival, baggage delivered with reloading en route, and cargo baggage not claimed within 30 days from the date of notification (in writing) of recipients about his arrival, are subject to sale in the manner prescribed

The application form, the procedure for its execution and submission are established by the rules for the carriage of goods.

The application is submitted at least 10 days before the start of cargo transportation in direct rail traffic and at least 15 days before the start of cargo transportation in direct international traffic, non-direct international traffic, direct and indirect mixed traffic, and also, if the destinations are indicated ports.

The carrier is obliged to consider the application within 2 days and, if it is possible to carry out transportation, send it to the owner of the infrastructure for approval with a mark on the approval of the application. The application agreed upon by the carrier and the owner of the infrastructure with a mark of its acceptance is returned by the carrier to the consignor no later than 3 days before the declared date for the start of transportation.

The carrier has the right to refuse to approve the application in cases established by article 11 Charter. The application in case of refusal to agree on it is returned by the carrier to the consignor with a justification of the reasons for the refusal. Refusal to accept and approve an application may be appealed in court.

61. When presenting cargo for carriage, the consignor must submit to the carrier for each shipment of cargo a waybill drawn up in accordance with the rules for the carriage of goods and other documents provided for by the relevant regulatory legal acts of the Russian Federation.

When presenting cargo for transportation, the consignor must indicate in the consignment note its weight, and when presenting tare and piece cargo, also the number of packages.

The carrier, consignor or consignee must ensure, in accordance with the established procedure, the safety of transportation and other documents provided for by the rules for the carriage of goods and other regulatory legal acts.

62. The payment for the carriage of cargo and other payments due to the carrier shall be paid by the consignor until the moment of acceptance of the cargo for transportation, unless otherwise provided by the Charter or agreement of the parties.

Final payments for the carriage of goods, including additional works (services) associated with it, are made by the consignee upon the arrival of the goods at the railway station until they are issued. If circumstances are identified that entail the need to recalculate the cost of transportation and the amounts of other payments and fines due to the carrier, recalculation may be made after the release of the goods.

Until the consignee makes all payments due to the carrier at the railway station of destination, wagons, containers not issued to the consignee are at his responsible demurrage, and he is charged for the use of wagons, containers.

63. Cargo, including those consisting of several dissimilar items, is handed over for transportation under the general name "cargo for personal needs", indicating in the consignment note the name of each item constituting this shipment.

64. Carriage of cargo with the declaration of its value is carried out in accordance with the rules for the carriage of goods. Shipping with a declared value is subject to a fee, the rates of which are set out in the Tariff Manual. When presenting such cargo for transportation, the sender, together with the consignment note, submits to the carrier an inventory for the carriage of cargo with a declared value, drawn up in 3 copies. When presented for transportation on one waybill of goods of various values, their distinctive features, the number of pieces and value are indicated in the inventory in a separate line.

65. At the request (in writing) of the consignor or consignee, the carrier may redirect the transported cargo with a change in the consignee and (or) destination station.

The application can be submitted to the carrier both at the railway station of the original destination and at the railway station of departure. The application shall be accompanied by a genuine receipt of acceptance of the goods.

The carrier's expenses arising in connection with the forwarding of cargo shall be reimbursed by the consignor or consignee, on whose initiative the forwarding is carried out.

66. The carrier is obliged to notify the consignee of the cargo arrived at his address no later than 12 noon on the day following the day the cargo arrived. Such notification shall be made in writing or by telephone, unless otherwise provided by agreement of the parties.

If the carrier does not notify the arrival of the cargo, the consignee shall be exempted from the payment for the use of wagons, containers and the payment for storage of the cargo until notification of its arrival is received.

After the cargo arrives at the destination railway station and the carrier notifies the consignee of the arrival of the cargo at his address, the responsibility for the calculations associated with the transportation lies with the consignee.

Upon the arrival of the cargo at the railway station of destination, the carrier is obliged to issue the cargo and the waybill to the consignee in the manner prescribed Charter

67. The carrier is obliged to deliver the goods to the destination and within the prescribed period.

Cargo arrived in wagons, containers, subject to unloading and delivery in places common use, stored at the destination railway station free of charge for 24 hours.

The period of free storage is calculated from 24:00 on the day of the unloading of cargo from wagons, containers provided by the carrier or from 24:00 of the day the carrier delivers wagons, containers with cargo to the place agreed by the parties for unloading cargo by the consignee.

VI. The procedure for submitting and considering claims

68. Prior to filing a claim against the carrier that arose in connection with the carriage of passengers, baggage, cargo luggage, a claim may be brought against the carrier in case of loss, shortage or damage (spoilage) of luggage, cargo luggage within 6 months, and in case of delay in the delivery of luggage and cargo luggage, departure delay or train delay - within 45 days.

The term for filing a claim is calculated in relation to:

a) compensation for damage (spoilage) or shortage of luggage, cargo luggage - from the date of issue of luggage, cargo luggage;

b) compensation for the loss of luggage, cargo luggage - after 30 days after the deadline for the delivery of luggage, cargo luggage;

e) list of attached documents.

71. The following supporting documents must be attached to the claim:

a) in case of loss of cargo luggage - a cargo luggage receipt for the acceptance of cargo luggage with a note from the destination railway station about the non-arrival of cargo luggage or a carrier's certificate of dispatch of cargo luggage with a note from the destination railway station about the non-arrival of cargo luggage, as well as a document confirming the amount of damage caused, certifying the amount and actual value of the sent cargo luggage;

b) in case of shortage, damage (spoilage) of cargo luggage - a cargo luggage receipt and a commercial act issued by the carrier, as well as a document confirming the amount of damage caused, certifying the quantity and actual value of the missing, damaged (spoiled) cargo luggage;

c) in case of delay in the delivery of cargo luggage - a cargo luggage receipt;

d) in case of loss of baggage - a baggage receipt;

e) in case of shortage or damage (spoilage) of baggage - a baggage receipt and a commercial act;

f) in case of delay in the delivery of baggage - an act general form;

g) in case of delay in departure or delay of the train - travel documents (tickets).

72. The carrier is obliged to consider the received claim and notify (in writing) the applicant of the results of its consideration within 30 days from the date of receipt of the claim.

In case of partial satisfaction or rejection of the applicant's claim, the carrier indicates in the notification the basis for the decision taken by him with reference to the relevant article of the Charter and returns the documents submitted along with the claim.

If the carrier satisfies the claim, the funds against the compensation for damage, fines or penalties, at the request of the applicant, are sent to the address indicated by him or are handed over to him at the location of the carrier.

73. Damage caused during the carriage of baggage, cargo baggage shall be reimbursed by the carrier in the event of:

a) loss or shortage of luggage, cargo luggage - in the amount of the cost of the lost or missing luggage, cargo luggage;

b) damage (spoilage) of luggage, cargo luggage - in the amount by which its value has decreased, and if it is impossible to restore the damaged luggage, cargo luggage - in the amount of its value;

c) loss of baggage, cargo baggage handed over for transportation with the declaration of its value - in the amount of the declared value of the baggage or cargo baggage.

74. When indemnifying for damage, the cost of luggage, cargo luggage is determined on the basis of its price indicated in the seller's invoice or provided for in the contract, and in the absence of the seller's invoice or price in the contract - on the basis of the price that, under comparable circumstances, is usually charged for similar goods.

The carrier, along with compensation for damage caused by the loss, shortage or damage (spoilage) of baggage, cargo baggage, returns to the passenger, recipient the payment for the carriage of baggage, cargo baggage, as well as other payments due to the passenger, recipient, collected for the transportation of lost, missing or damaged (damaged) baggage, cargo.

75. For the delay in the delivery of baggage, cargo baggage, the carrier, upon issuing them, pays to the passenger, recipient on the basis of an act drawn up at the request of the passenger, recipient, a penalty in the amount of 3 percent of the fee for the carriage of baggage, cargo baggage for each day of delay (incomplete days are considered full), but not more than in the amount of the fee for the carriage of luggage, cargo luggage.

76. Payment of a fine for a delay in the departure of a train or for a late train to the railway station of destination, with the exception of suburban transportation, is made by the carrier at the rate of 3 percent of the fare for each full hour of delay in the departure or delay of the train. At the same time, a delay in the departure or delay of a train by less than 1 hour is not taken into account.

Payment to a passenger of a fine for a delay in the departure of a train or for a late train to the railway station of destination, with the exception of suburban transportation, is not carried out on free travel documents (tickets), but on travel documents (tickets) issued at a discount, is made based on the price paid travel.

77. Presentation and consideration of claims in case of loss, shortage or damage (spoilage) of cargo, as well as in case of delay in delivery of cargo, are carried out in the manner prescribed Charter and rules for the carriage of goods.

Decree of the Government of the Russian Federation "Rules for the provision hotel services» No. 1085 was adopted last autumn. By this normative act, the state made some changes regarding activities in the field of public services. This article discusses some aspects of the hotel industry.

Legislative framework

The Decree of the Government of the Russian Federation "Rules for the provision of hotel services", in fact, approved the new norms. In accordance with them, entrepreneurs and other commercial organizations must carry out their business, if it is related to hotel services.

Old regulations, including the "Rules for the provision of hotel services in the Russian Federation" No. 490, which businessmen were guided by earlier, were declared invalid by this resolution. Also this legal document amendments were also made to other normative acts that regulated the civil law relations in question. The resolution was issued by the legislative body of the Russian Federation in strict accordance with the law, the Constitution, but its main purpose was to fulfill the requirements of the law that protects the rights of consumers.

It was signed by Prime Minister D. Medvedev.

As indicated above, the main document, according to which the new rules for the provision of hotel services in the Russian Federation, are approved, is a law that protects certain rights of ordinary citizens (consumers). This law is designed to protect the interests of individuals only. At the same time, entrepreneurs, although belonging to this category, have no relation to the named legal act. It does not include legal entities. The main essence of the law is that the levers of control provided by the state can reliably protect the rights of buyers or customers of services from unscrupulous business entities. Of course, it also provides for countermeasures against consumers who abuse the powers granted to them.

One of the customers of services can be called persons who use the services of hotels. It can be tourists, and businessmen, and just people who went on a business trip. Having familiarized themselves with the rules for the provision of hotel services issued by the government, the listed persons, as well as other citizens interested in this, can receive all the necessary information necessary in order to be able to protect their interests.

Objects covered by the action

The new rules for the provision of hotel services in the Russian Federation apply, as the name itself suggests, to absolutely all types of hotels. In addition, in the Rules, hotels mean other facilities intended for accommodating people. However, other facilities for guests should not be confused with campsites and children's camps. This is an independent category to which the Rules in question do not apply. Moreover, tourist bases and other youth camps do not fall under the jurisdiction of the said normative act. Do not include hotels and departmental dormitories, as well as apartments or rooms that citizens or organizations rent. Railroad paddocks and other vehicles equipped with berths and in which people can actually accommodate are also not regulated by the Rules.

Some definitions used in the Rules

In order to understand certain terms by the legislator, as a rule, regulatory documents provide an explanation of certain concepts used in the texts of these acts. The same was done in the document under consideration. The rules for the provision of hotel services in the Russian Federation define the following basic concepts:

Hotel, as well as some other place to stay. These words mean a building, part of it, a property complex, including equipment. All together it should be designed to carry out activities in the field of hotel services.
Hospitality services include not only accommodation services, but also other related services.
If the number of rooms for accommodation in a hotel is less than 50, then it is called a small accommodation facility.
The price of a place in a room or the room itself includes the cost of both accommodation and other services.
The consumer in the sense of the discussed Rules is an individual who wants to use or has already used hotel services. Such a person cannot be an organization or an individual entrepreneur. The consumer will be recognized as such if he uses the hotel only for personal needs.
The performer is considered, on the contrary, or commercial organization, or Self employed whose activity is hotel service.
The rules for the provision of hotel services in the Russian Federation, the provisions of which are binding on all businessmen, also define the concept of "customer". This person means not only a citizen, but also an organization, an individual doing business, who wish to use or have already used hotel services, but in favor of the consumer. In practice, it looks like this: the organization enters into an agreement for the provision of hotel services with a certain hotel. According to this agreement, the hotel undertakes to accept and accommodate employees of this organization (consumers). There are other situations as well.
Reservation in the Rules refers to the reservation of a room or a place in a room, made in advance. Reservations can be made by both the customer and the consumer himself.
Check-out time - this concept means the time that is set by the hotel for the entry and exit of guests.

General provisions

As usual, hotels and other facilities subject to the above Rules are subject to requirements that the parties themselves establish in an agreement between themselves. There are situations where individual requirements are governed by local or federal laws and regulations. The contractor has the right to carry out the activity in question only if he has a document that will confirm that the hotel has been assigned a category. The assignment of such a category is also approved by the authorized body, more precisely, the Ministry of Culture.

The price for hotel service in accordance with the law cannot be different for people. It must be the same regardless of position in society, rank or other difference. However, benefits may be established for certain categories of citizens (for example, the disabled or other socially vulnerable segments of the population).

The legislator left the right to create and establish the rules of behavior and residence for the owner of the hotel facility. However, such rules should not be contrary to the laws of the country.

Rules for the provision of hotel services in the Russian Federation, information about the services that are discussed in this article should be free for review in any hotel. They must be provided by the contractor to customers and consumers at their request.

Artist Information

The rules for the provision of hotel services establish certain accessible for persons wishing to use them. First of all, this concerns information about the hotel itself and the person who maintains it. So the legislator determined that the contractor is obliged to provide the following information:

Name, as well as if there is an object of hotel services.
The address at which this object is located, as well as cut its working hours.

The listed requirements apply to hotels that operate in the form of an organization (legal entity). If the business in question is run by an individual entrepreneur, then he must place the following information:

Data of an individual entrepreneur, which include the last name, first name and patronymic.
Location of its activities.
Hotel opening hours.
Information about the state registration of a businessman.
The name of the authorized state body that registered the entrepreneur.

All this information should be placed in front of the entrance to the hotel or in its lobby, in the place where guests are registered. For example, at the entrance to the hotel they use special signs or simply place a sign on front door. In the lobby, you can place the specified information, for example, at the reception desk. The whole point of such placement is that the consumer can freely find out the data of the artist.

Service Information

Similar requirements apply to information about the services provided by the hotel. The owner of the hotel is obliged to place information about them either in the lobby of the establishment or on its own website. The content of this information is also determined by the Rules.

Data of the organization or private entrepreneur, including his contact phone numbers, address, details of the document on the basis of which he carries out activities. If it is a legal entity, then a certificate confirming the entry in the Unified State Register legal entities if IP - information must be entered into the Unified State Register of IP.
If the hotel is a branch or other structural unit, then you must specify information about the parent organization, the head office.
Information about the category assigned to the hotel, as well as the organization that installed it.
The presence or absence of certification.
The cost of living and types of rooms (categories).
The main services provided by the contractor, included in the cost of living.
Method of payment for accommodation.
List of additional services provided by the hotel for a fee, the order in which they can be used.
Booking and cancellation procedures.
The maximum period that a guest can stay in a hotel.
A list of persons for whom benefits are established, and a list of the benefits themselves.
The list of paid services that are provided in the institution by third parties.
Information about

The above information is presented in Russian, and if desired, in other languages.

Booking types

Owner hotel business has the right to install on its object the following types reservations:

Booking with a guarantee. It implies that the hotel administration leaves the room for the guest and waits for him within one day from the beginning of the checkout time. If the consumer did not check into the room, was late for a longer time, or refused the room, then the reservation is canceled, and the consumer is charged for the downtime.
Booking without guarantee. With such a room, the hotel will wait for its client only until a certain hour of the day on which it is required to move in. After that, the booking is terminated.

The reservation will be considered valid only after the customer or consumer has received a corresponding notification from the hotel. In this case, they can refuse to book by canceling the application. However, such a refusal must be made according to the rules determined by the hotel administration. Also, the Rules for the provision of hotel services in the Russian Federation No. 1085 establish the right of the hotel to refuse to book rooms for customers if there are no vacant places on the required date.

Documents for concluding an agreement

In order to settle in a hotel, the guest will need only one document that will prove his identity. However, the types of such documents may be different. It could be:

The passport.
Birth certificate.
International passport.
Foreign passport.
A document certifying that the guest is a stateless person, as well as confirming his identity.
Authorization issued by the authorized government agency giving the right to reside in Russia.
Resident card.

The contract itself is concluded exclusively in writing, signed by both parties. At the same time, the text indicates the price, names of the parties, their contacts, information about the hotel room, the time that the guest will live in this room. Other information may be provided upon request.

The rules for the provision of hotel services in the Russian Federation, the procedure for registering accommodation provide that the contractor must register the persons living with him in accordance with regulations Russian legislation.

Some conditions

Hotels serve their customers around the clock. Consumers can use their services at any time of the day or night. It is not forbidden to leave at night, as well as entry. However, an exception is established by law for hotels with less than fifty rooms. In such small accommodation facilities, the owners have the right to establish their own modes of service. As a rule, the checkout time is set by the contractor, taking into account the characteristics of the region, the location of the object. But as usual, the period of such an hour is determined at 12 hours. In other words, check-in and check-out is done twice a day. In any case, the difference between them cannot be more than two hours.

The rules also establish the right of the hotel owner to determine the maximum period during which individuals can live in the facility. The procedure for paying for a room is not regulated by law, as well as its price, as well as the rules of residence. Therefore, all these actions are left by the legislator to the choice of an organization or a private entrepreneur providing hotel services.

In addition, hotel service may be offered not per day, but hourly. The rules for the provision of hotel services in the Russian Federation, the concept of which is given above, provide that if there is a need to regulate prices for hotel services, then their price cannot exceed the price determined for a particular category of hotels. This requirement is valid only when holding any major events or celebrations, when there is an influx of guests.

under consideration legal act restricted right of owners this business provide any other paid services to guests against their will, if such services are not included in the cost of living.

Services obligatory for the performer

The following types of hotel services are free or included in the price.

If the guest becomes ill, the administration is obliged to call ambulance and, if necessary, call other emergency services.
The management of the institution must provide a first-aid kit to its customers free of charge.
is obliged to bring to the room of the guests the mail that came in their name, immediately after receipt.
At the request of customers, the hotel staff should take care to wake up the residents at the hour determined by them.
At no additional charge, customers are provided with boiling water, needles and thread, dishes, spoons, forks.
Other services set by the administration.

Calculations

Payment for the provided hotel services is made by the guest only after their actual provision, that is, on the day of departure. However, if the future guest does not mind, then such payment can be made at the conclusion of the contract, that is, on the day of entry. The calculation can also be made in part. or another person who is responsible for payment is obliged to issue to the guest cash receipt or other legal document. The calculation of the payment to be made to the client is carried out according to the established checkout time. That is, if the checkout time is set at 12 noon, then payment is made for all 12 hours, even if the guest stayed at the hotel for only three hours. If the client delayed leaving the room, the administration will charge him payment in accordance with the rules approved by it. If the client checks into the hotel after 12 midnight, and leaves before the check-out time specified by the hotel, then the accommodation fee cannot be more than the fee determined for half a day.

Responsibility

The rules for the provision of hotel services in the Russian Federation, which are the responsibility of all parties, establish that both the contractor and the guest are liable for harm in cases provided for by civil law. Thus, the contractor is responsible for the safety of the property of his client, and for improper performance of his duties he may be held liable under the laws of Russia. Accordingly, the guest who caused damage to the property of the hotel will also compensate him.

Thus, for every citizen who plans to go on a business trip or for another reason wants to stay at a hotel, it is better to carefully study the rules discussed in this article in order to avoid some unpleasant moments later. Among other things, knowing these rules, you can safely protect your rights as a consumer of hotel services. In case of their violation, a complaint can be filed with the authorized body exercising control over business entities that are engaged in this type of activity.