Guests of the hotel complained to Rospotrebnadzor about the discrepancy. Complaints about hotels. Bed linen and bath towels are not changed daily

Complaint against the administrator - an official document that establishes your requirements and describes the essence of the occurrence of such requirements.

Complaint- a citizen's request for the restoration or protection of his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons. Responding to a written complaint is mandatory for official bodies and organizations.

Before filing a complaint, you need to decide who to file it with.

Be very careful with the addressee of the complaint. This may be the head of the department, and the head of the organization, and the control body. The correct choice of the addressee is the key to the promptness of the consideration of the complaint and the quality of its consideration.

Do not forget about the principle of the "ladder" - to complain in turn from a lower official to a higher one. Do not immediately complain to the governor or the president. It would be most effective to write a complaint in the following order:

immediate supervisor (manager);
head of the organization (director);
supervisory (control) body or service;
prosecutor's office.

We offer our sample complaint, in which we tried to take into account all typical situations. You can correct and supplement the specified sample - the complaint does not have a mandatory prescribed form.

The information posted in this article does not apply to relations related to the protection of consumer rights.

Before writing and filing a complaint against the administrator, we recommend that you:

get free legal advice on civil rights, which will save your time;
read the following materials of our resource: how to write a complaint correctly and how to file a complaint correctly.

Sample complaint against administrator

Head of a limited liability company (address)

Ministry (name of the executive authority of the constituent entity of the Russian Federation with authority in the field of control over the relevant activities) (address)

To the Prosecutor's Office (name of the subject of the Russian Federation) (address)

from Surname First name Patronymic, residential address

(for example: Ivanov Ivan Ivanovich, Moscow, Moskovskaya st., 134, apt. 35)

Complaint against administrator

I, Ivanov Ivan Ivanovich (indicate your surname, name and patronymic - the last one if available), on January 25, 2018 (indicate the exact date of the event) appealed to (indicate the details of the organization or individual and address) due to the fact that I needed help ( services, consultation, etc.) administrator.

However, administrator Karpov AND.The. (specify the full name of the administrator) took the following unlawful actions (inaction) against me, namely (select the one you need, in addition, add a detailed description of the situation to your complaint and attach evidence):

I was denied services for the following reason (describe the situation and the reason for the refusal);
I received poor quality service.
assistance was not provided in time;
I was given incorrect information;
the administrator did not consider my question;
had to incur excessive financial costs;
The manager was rude to me.

Based on the above, I ask(choose the one you need):

take action against the administrator (indicate the surname, name and patronymic of the administrator),
refund my expenses
bring to disciplinary responsibility;
correct the situation.

Date, personal signature of the person filing the complaint against the administrator

General information on the complaint against the administrator

The complaint is recognized as an official document, which entails the emergence of certain rights and obligations. Therefore, when compiling it, you should adhere to the following rules of business communication and correspondence:

formulate your requirements correctly and without errors;
it is unacceptable to use obscene and slang words, as well as insults to someone else;
describe the situation as accurately as possible, but at the same time concisely;
words and expressions with a “double” meaning should not be used;
all data must be reliable (dates, numbers, numbers, addresses, etc.);

Watch for literacy of speech, follow the rules of syntax and punctuation. Competent speech is one of the most important conditions for conducting business correspondence.

Rules for writing and compiling a complaint against the administrator

In order to correctly write a complaint, it is enough to follow the following simple rules for writing it.

determine the correct addressee of the complaint and look on the Internet for its address;
indicate B your last name, first name, patronymic (if any), address to which you can send a written response;
indicate the date, i.e. the day, month and year you contacted the relevant organization or person;
describe the name and details of the organization (relevant person) known to you;
below in the complaint, describe in as much detail, fully and consistently as possible all the circumstances that happened to you - why did you apply, what illegal actions were committed against you by employees, or indicate the fact of their inaction;
after a detailed description of the problem, depending on who you contacted with a complaint, you must indicate your requirements regarding the perpetrators: apologize, correct the mistake, take disciplinary measures, etc.;
at the end of the complaint, be sure to put the date and personal signature.

Rules for filing a complaint against the administrator

When filing a complaint, you should know the basic rules and features.

if you file a complaint in person or through a representative, it must be made in at least two copies

The complaint must be made in two copies. Since you will need a second copy for the addressee to put a “mark on the acceptance of the complaint” when submitting it.

Ways to File a Complaint

A complaint can be filed in four ways: in person, through a representative, through a notary, by mail.

Filing in person

If you decide to transfer the written complaint personally, then you need to contact the relevant organization directly. As a rule, such complaints are accepted either at the office or at the reception.

Submission through a representative

In this case, the procedure is no different from a personal filing, but at the same time, the representative must have a notarized power of attorney to represent interests. Thus, you still have to go to the notary.

If you applied to a notary to draw up a power of attorney to transfer a complaint, we advise you to include in the same power of attorney the authority to present cases in court (in the event of a trial).

Filing through a notary

There is such a notarial act as the transfer of documents of individuals and legal entities to other individuals and legal entities. In accordance with it, the notary transfers applications and (or) other documents of individuals and legal entities to other individuals and legal entities. You have the right to use the specified notarial action to transfer the complaint.

Submission by mail

When filing a complaint by mail, it is imperative that the letter be registered and with a full description of the attachment.

Registration of a complaint

Upon receipt of a complaint, the authorized person must necessarily register it in the register of incoming correspondence.

This applies not only to state and municipal authorities, but also to ordinary organizations. Accordingly, the complaint must have an incoming number, by this number you can track the process of its processing.

Consideration of a complaint

If you send a complaint to a state (municipal) body, then the term for considering a complaint is regulated and, as a general rule, is 30 days. When sending a complaint to a regular organization, such a period is not established by law.

You have the right to set a reasonable time for consideration of the complaint in the complaint itself, but only for non-governmental organizations.

Blogger Elena Shchipkova writes:

Tell me, do you really change bed sheets every day? What about bath towels? No? Hm strange...

Do you take the elevator to the second floor? Do you require borscht and meatballs for breakfast?

Do you think I have a spring exacerbation of silent schizophrenia? No... you didn't guess...

I'm just reading hotel reviews because I'm preparing my trip and I'm slowly freaking out. I will make a reservation right away, I am not looking for 5 * class hotels, I am not considering super-duper luxury rooms. No, I'm looking at the usual tourist options 2-3-4 * without pretensions to luxury. And every time, choosing hotels and reading reviews, I understand that by paying for 2 *, the tourist wants the service to be the same as in 5 * and preferably as in the presidential suite.

So, what are the most dissatisfied tourists in hotels? I’ll note right away that I take only Russian-language reviews so that they don’t talk about the difference in mentality or the curvature of the translation.

Bed linen and bath towels are not changed daily

When I see this, I just try to understand what people do with linen and towels that require replacement after every night? And these are not beach hotels, where you can drag a towel to the beach and get dirty there, these are ordinary hotels in cities. There is only one thought that on those sheets every night someone is deprived of their virginity, and towels wash the floors.

The furniture is not very new.

Well, here I partially agree, if the bed creaks like a wounded elephant with any movement, and the cabinet doors fall off, then a lot of unkind words fly to the owner of the hotel. And if the furniture is not particularly new, but normal, then I see no reason for complaints.

The number in reality does not match the one in the photos and in the description

A couple of times, too, fell into this. What to do in such cases, I do not know. Of course, if you come to the hotel for a long time, then you can probably make a scandal, but if for 1-2 nights? How do you deal with such cases?

No kettle, fridge

If I don’t consider a refrigerator a basic necessity in a hotel, then the absence of a kettle in the room description in 90% of cases is a reason not to choose this hotel.

Do not renew used shampoos, shower gels, soaps

I myself have not encountered this, but in general, is it really interesting to save a hotel or a school of maids?

Poor soundproofing

The most common complaint. Unfortunately, almost everywhere in economy and middle class hotels you can perfectly hear what the neighbors are doing from above, on the side, who walked along the corridor, and who takes a shower. I don’t know how it is in luxury hotels, but the rest just need to have earplugs with them if they are light sleepers.

Shoals with payment for accommodation

More than once I read complaints in reviews that the hotel manages to withdraw money for the hotel twice, or even three times, and you have to seek a refund through the support of Booking or other booking sites. I didn’t come across this, but I encountered the fact that they wrote off the amount more than necessary, in Athens. An attempt to solve everything on the spot was unsuccessful, because. The hotel manager didn't even listen to us. At the same time, the mistake was only 12 euros, and if the manager had recognized it, then I would not even demand a refund. And so I had to connect Booking and the money returned.

Inattention, rude staff

For me, in today's realities, when it is not a tourist who fights for a hotel, but a hotel for a tourist, this is generally nonsense, but for the first time they themselves collided again in the same Athens.

We arrive in the morning for breakfast (it was included in the price of the room), we just covered the clearing, the manager comes (yes, the hotel was very “lucky” with him), asks for our number and starts telling us loudly (so that everyone can hear) that we are not had the right to have breakfast, because breakfast is not included with us and we have to pay. I got the reservation and showed it. Uncle said: "Now I'll find out," and went to his room. For 10 minutes we stupidly stood and waited. Then they could not stand it and went to him themselves. As a result, the manager saw us, grunted: "Eat, I was wrong," - and that's it .. No apologies, nothing ... It is clear that I will never recommend this hotel to anyone and described everything in the review.

Overbooking

You arrived at the hotel, but you were not expected. The reasons may be different - from a technical failure to the asshole of the staff, but doesn't that make it easier for you? We have been in this situation twice. In Spain, one of the two rooms was occupied, how it happened, the administrator could not explain, because both reservations clearly shone on his monitor screen. As a result, we were given the number of the next tourists, and I don’t know where they settled them. The second time in Lisbon, the owner of the mini-hotel simply said that he had forgotten about us and that he had a lot of things to do. We arrived in the evening, we no longer had the strength to look for a hotel in an unfamiliar city, as a result we slept in a semi-residential attic, and our friends on some kind of mattresses in a semi-closet.

Inaccurate hotel topographic reference

You were promised that from the hotel to the city center - 5 minutes on foot, but, apparently, they got very excited, because in 5 minutes you only get to the metro, on which in another 10 you will finally reach the desired point. You bought a hotel on the second line from the sea, but you forgot to write in the description that this second line is one and a half kilometers from the beach.

This is the only point that can be avoided even before booking - you just have to find the hotel on the map and see how convenient it really is.

Well, the funniest and strangest complaints from the reviews on Booking:

Instead of the promised air conditioning, they offered a hair dryer.

Found funny insects in the room

Left the dog in the room, the maid for some reason did not clean up

One of the most common reasons for a bad holiday is a problem with the hotel. It is either noisy, or the animation is intrusive, or, on the contrary, is absent, although it was promised. The wrong category of the room, food that does not meet expectations, just the poor condition of the hotel and the territory, a dirty beach - all this can hopelessly spoil the rest.

Of course, a travel agency cannot fully control what happens in each specific hotel in another country, but responsible tour operators must not only notify their customers in as much detail as possible about all the nuances of the holiday, but also answer for its shortcomings.

When making claims against the hotel, the most important thing is to carefully read the contract with the travel agency. A good contract should provide for all the nuances of responsibility to the tourist for the quality of services. Conditions can vary greatly:

- If the contract does not contain anything specific about liability, except for a general phrase like "the parties are responsible in accordance with the legislation of the Russian Federation", all responsibility for the quality of services provided by the hotel lies with the travel agency. It is she who will be responsible for the shortcomings of the hotel, pay compensation, etc.

– If the contract is with a travel agent, it may provide that the tour operator bears all responsibility. This is normal, the tour operator will carry it. In this case, you are not interested in the nuances of the relationship between a travel agent and a tour operator and a tour operator with a hotel - you can submit all claims to the tour operator in accordance with the contract.

- If nothing is specified in the contract between the tourist and the travel agent, the court may oblige to pay compensation both to the tour operator that formed the tourist product, and directly to the travel agent.

- The most difficult option for a tourist is when the contract with the tour operator directly states who exactly and for what exactly is responsible. Here, the travel agency may try to share responsibility with the hotel, carrier, visa service, etc. In any case, understand that you will make claims about the quality of hotel services to your tour operator, since it was he who offered you hotel services as meeting your requirements. Moreover, the hotel is located in another country, its activities are regulated by foreign legislation, and the tourist has no relationship with the hotel. There is only a chain in which the tour operator is a necessary link that has independent obligations to the hotel and to the tourist.

The next important point is the detail of the terms of the contract regarding the hotel. Ideally, the contract should include all of the following:

- the type of room, from which literally everything follows - in which building, with which view from the window, with which bed, how many rooms, etc. It is advisable to study this information in advance - it can be found on the websites of large travel agencies;

– type of food and level of service at the hotel (for example, type of breakfast, quantity and origin of alcoholic beverages, types of additional services included in the price of accommodation).

This information will help you find out whether the services and in the proper quantity were provided to you. It may be important to indicate in the contract the specialization of the hotel. Try to find out in advance and fix in the contract that you, for example, are going to a family hotel. So you will be insured against a violent nightly disco that does not stop until five in the morning, but your children will have the opportunity to have fun during the day in the company of children's animators. If in reality it turns out that a family hotel is understood as a hotel where music rumbles around the clock, and the water park and children's animation are only in the picture in the booklet, it will be easier for you to make claims about the inadequate quality of the services provided.

There is another important issue - timely informing the tourist about all the changes in the conditions of his vacation. So, if you have chosen a specific hotel, and the travel agency could not book it, it must notify you in writing, and also obtain your consent to book another hotel. If you are not asked for such written consent, you will have the right to make claims about the discrepancy between the hotel specified in the contract and what you got in the end. The same applies to changing all conditions agreed with you - flights, transfers, type and number of excursions, hotel category and types of rooms and meals.

Let's say everything started well, you arrived at the hotel, and then something started that was completely different from what you expected. Your main task is to scrupulously capture literally every moment. Loud animation in the middle of the night - film it. Garbage on the beach - take a picture. The guide does not speak Russian, although they promised a Russian speaker - record a short interview with him. Poor food - fix the menu, take a picture of the buffet. Devastation in the room - take a photo. Rude service - make a video. Keep all receipts, checks, warrants, statements, advertising leaflets, etc.

Separate conversation about written documents. In case of any problems, it makes sense to contact the hotel administration. Make a claim, pointing out specific violations, print out two copies and hand over to the hotel administration against signature. Please keep a copy of the claim accepted. Gathering evidence of violation of your rights to adequate quality rest is in your hands. The more detailed you fix all the shortcomings, the higher your chances of getting money back from the travel agency and compensation for non-pecuniary damage.

Try to demand that the hotel administration draw up an act on the non-compliance of the declared and provided services. Do not hesitate to involve witnesses - film them, ask for comments, collect their signatures on your appeals and claims, take their contacts in order to involve your claims in Russia.

Remember that in a conversation with the hotel management, anything can help. For example, threaten to post a scandalous video online and make the hotel anti-advertisement - perhaps this will convince the administration to be more accommodating and satisfy your legitimate demands.

The general algorithm of your actions is as follows: fix violations, talk with the hotel administration about their elimination, and then either enjoy your vacation or collect evidence to claim compensation from the travel agency after returning home.

Hotel theft

In any hotel, such a nuisance as theft can happen to guests. Items may be missing from the hotel room. Only the most valuable things are usually put in a hotel safe, and only what is not needed during the rest. All other, even very valuable things, tourists usually keep in the room - phones, cameras, laptops, money, jewelry, etc. And literally no one is immune from the loss of these things.

If you have been robbed, first of all contact the hotel administration immediately. They are most interested in making every effort to return the stolen to you. Some hotels are very concerned about their reputation and prefer to resolve issues without the intervention of the police. If the administration does not cooperate, call the police. Only in this way will you have a chance to find and return the stolen.

Under Russian law, the hotel is responsible for the belongings of the guests left in the room. Each country has its own legislation on this matter. It is likely that the hotel should be responsible for the loss of your belongings and must compensate you for your losses. At the same time, the hotel is obliged to interview the staff, find out who had access to your room, find out all the details of the loss and find things or compensate for the cost of the stolen. If the hotel does not want to do it voluntarily, then at the insistence of the police it will certainly do it.

And finally, an important note. Your travel agency is required to give you information about the rules of stay in the country, including the features of hotels, the level of crime and safety in the country, as well as where you can turn in case of any difficulties. If you were not given this information, feel free to demand compensation for this, because the travel agency is obliged to compensate for losses that have arisen, among other things, due to the lack of necessary information from the tourist.

When choosing a hotel for a vacation, a tourist is guided by his own ideas about comfort. It happens that the booked and paid hotel turns out to be worse than the travel agent or tour operator promised. How do hotels differ in terms of comfort and is it possible to receive compensation if the hotel does not correspond to the category declared by the travel agent or tour operator?

Reference. Identity of the concepts "hotel" and "hotel"

In the Russian Federation, as a rule, the word “hotel” is used, abroad “hotel”.

The words "hotel" and "hotel" are the same in meaning and differ only in terms of etymology (hotel from Old Russian guest; hotel - from Latin hospes - guest).

Hotel classification

Today, there are more than 30 hotel classification systems in the world.

In the Russian Federation, hotels and other accommodation facilities are evaluated for compliance with a particular category on the basis of the Classification Procedure, approved. Order of the Ministry of Culture of Russia dated July 11, 2014 N 1215 (clause 20, Classification Procedure).

One of the main goals of the classification of hotels is to provide citizens with the necessary and reliable information about the compliance of the hotel with the category provided for by the Classification Procedure (clause 6 of the Classification Procedure).

The classification of hotels in the Russian Federation is carried out on a voluntary basis, however, the law may provide for the obligatory receipt of a certificate of category assignment (clauses 3, 3.1, 3.2 of the Classification Procedure; clause 5 of the Rules, approved by Decree of the Government of the Russian Federation of 09.10.2015 N 1085) .

When assigning a category, hotels have the right to use a category sign (clause 18 of the Classification Procedure).

Reference. The concept of "category sign"

The category mark is a form of informing citizens and other interested parties of information about the assignment of a category to a hotel, provided for by the Classification Procedure ( 18 order of classification).

The category sign has the right to use only those hotels that have been assigned this category in the appropriate manner (clause 18 of the Classification Procedure).

Note. For the unreasonable use of a category mark, for example, if the hotel has not undergone voluntary certification, officials and legal entities may be held administratively liable in the amount of 7,000 to 10,000 rubles, respectively. and from 40,000 to 50,000 rubles ( Art. 14.39 of the Code of Administrative Offenses of the Russian Federation).

The right of a travel agent or tour operator to change the hotel category

The travel agent and tour operator have the right to change the category of the hotel. Information about the accommodation facility (hotel) and living conditions (its category) is an essential condition of the contract for the implementation of the tourist product. Changing the category of the hotel refers to significant changes in the circumstances from which the parties proceeded when concluding the contract. If significant changes in circumstances are associated with a deterioration in the travel conditions specified in the contract, the citizen has the right to demand a change or termination of the contract (paragraph 6, part 2, part 5, 6, article 10 of the Law of November 24, 1996 N 132-FZ).

Therefore, a unilateral change in the category of hotel accommodation in the direction of worsening conditions is not allowed.

Responsibility of the travel agent and tour operator

The travel agent and tour operator are responsible for providing inadequate information about the tourist product (Article 12 of the Law of 07.02.1992 N 2300-1).

The travel agent and tour operator that did not provide the citizen with complete and reliable information about the tourist product are responsible for the shortcomings of the tourist product identified after the provision of tourist services to the citizen who used the tourist product in the absence of such information (clause 22 of the Rules, approved by the Decree of the Government of the Russian Federation dated July 18, 2007 N 452; paragraph 1 of article 29 of Law N 2300-1).

In the event of receiving false information about the service, a citizen may demand damages and compensation for moral damage, as well as refuse to fulfill the contract (paragraph 6 of article 6 of Law N 132-FZ; paragraph 1 of article 12, article 29 of the Law N 2300-1).

Note. For providing false information about the hotel, a travel agency or tour operator may be held administratively liable in the form of a warning or an administrative fine on officials in the amount of 500 to 1,000 rubles, on legal entities - from 5,000 to 10,000 rubles. ( Part 1 Art. 14.8 of the Code of Administrative Offenses of the Russian Federation).

The procedure for obtaining compensation from a travel agent and tour operator

If the hotel does not correspond to the category declared by the tour operator, we recommend that you follow the following algorithm.

Step 1. Fix the fact of providing false information about the category of the hotel declared by the tour operator

According to the classification of hotels, there are six categories: "5 stars", "4 stars", "3 stars", "2 stars", "1 star", "no stars". The highest category is “5 stars”, the lowest is “no stars” (clause 20.1 of the Classification Procedure). A hotel of one category or another must meet certain requirements (Appendix 1 to the Classification Order).

Evidence of non-compliance of the hotel with the declared category can be handouts (prices, leaflets) of the hotel, which indicate the star rating (category) of the hotel, information about the category of the hotel from open sources (the Internet), as well as photo and video materials from which it is clear that the hotel does not correspond to the declared category, for example, it does not have an elevator or air conditioning.

Step 2. Contact a travel agent or tour operator with a claim and a claim for damages and compensation for harm

The pre-trial claim procedure is a prerequisite for resolving a dispute between a citizen and a travel agent or tour operator. A claim in writing can be submitted within 20 days from the date of expiration of the agreement on the sale of a tourist product (part 8 of article 10 of Law N 132-FZ; clause 21 of Rules N 452).

It is advisable to send the claim and requirements in a way that allows you to confirm the fact of their receipt by the tour operator or travel agent. This can be done by handing in a claim against signature, by sending it by registered mail with acknowledgment of receipt and a description of the attachment, or by telegram.

Step 3. Wait for the claim to be processed and receive a response

The term for considering a claim is 10 days (part 8 of article 10 of Law N 132-FZ).

If the claim is satisfied by the tour operator or travel agent, you will receive money.

If you refuse to voluntarily satisfy the claim, file a claim for consumer protection with the court. The obligation to prove the proper provision of services to the tourist, as well as the obligation to compensate for additional losses in the event of a lawsuit, lies with the travel agent or tour operator (paragraph 28 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated 06.28.2012 N 17).