{"title":"有权单方面拒绝履行合同,单方面改变提供酒店服务的义务条款","authors":"A. Kuskov, N. Sirik","doi":"10.33920/igt-2-2304-02","DOIUrl":null,"url":null,"abstract":"The work on the basis of the analysis of legislation, materials of judicial practice, legal doctrine and taking into account the modern realities of the hotel business reveals the peculiarities of the realization by consumers (customers) and hotel organizations of the right to declare a unilateral refusal to fulfill the contract and unilaterally changing the conditions of the obligation to provide hotel services. Questions about the legal consequences of exercising the right to unilateral refusal or unilateral change in the terms of the obligation are formulated and resolved — the legality of the penalty, the retention of actual expenses incurred, the refusal of the hotel organization to provide services due to the peculiarities of the consumer’s identity, the presence of force majeure and security threats, the lack of opportunities for providing services due to overbooking, etc.","PeriodicalId":394622,"journal":{"name":"Gostinichnoe delo (Hotel Business)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Right to unilaterally refuse to perform the contract and change unilaterally the terms of the obligation to provide hotel services\",\"authors\":\"A. Kuskov, N. Sirik\",\"doi\":\"10.33920/igt-2-2304-02\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The work on the basis of the analysis of legislation, materials of judicial practice, legal doctrine and taking into account the modern realities of the hotel business reveals the peculiarities of the realization by consumers (customers) and hotel organizations of the right to declare a unilateral refusal to fulfill the contract and unilaterally changing the conditions of the obligation to provide hotel services. Questions about the legal consequences of exercising the right to unilateral refusal or unilateral change in the terms of the obligation are formulated and resolved — the legality of the penalty, the retention of actual expenses incurred, the refusal of the hotel organization to provide services due to the peculiarities of the consumer’s identity, the presence of force majeure and security threats, the lack of opportunities for providing services due to overbooking, etc.\",\"PeriodicalId\":394622,\"journal\":{\"name\":\"Gostinichnoe delo (Hotel Business)\",\"volume\":\"7 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-04-05\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Gostinichnoe delo (Hotel Business)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.33920/igt-2-2304-02\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Gostinichnoe delo (Hotel Business)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33920/igt-2-2304-02","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Right to unilaterally refuse to perform the contract and change unilaterally the terms of the obligation to provide hotel services
The work on the basis of the analysis of legislation, materials of judicial practice, legal doctrine and taking into account the modern realities of the hotel business reveals the peculiarities of the realization by consumers (customers) and hotel organizations of the right to declare a unilateral refusal to fulfill the contract and unilaterally changing the conditions of the obligation to provide hotel services. Questions about the legal consequences of exercising the right to unilateral refusal or unilateral change in the terms of the obligation are formulated and resolved — the legality of the penalty, the retention of actual expenses incurred, the refusal of the hotel organization to provide services due to the peculiarities of the consumer’s identity, the presence of force majeure and security threats, the lack of opportunities for providing services due to overbooking, etc.