CODE OF ETHICS OF THE BRAZILIAN ASSOCIATION OF THE HOTEL INDUSTRY
CHAPTER I – GENERAL PRINCIPLES
Art 1º-This Code includes norms of conduct and technical norms of mandatory character for the hotel companies associated with the state and district ABIHs in their relationship with the market, and of a guiding character for the other hotel companies located in the Country.
Art 2º – For the purposes of the previous Article, a hotel company is the legal entity that operates or manages lodging facilities existing in the Country, in its own name or third parties.
Art 3º -Means of lodging is any establishment of collective use which provides the guest with goods and services consisting of the temporary remunerative of furnished rooms and the provision of related complementary services relating to the welfare of their consumers.
SECTION II – PREMISES
Art 4º -Hotel companies must carry out their activities in a regime of free and fair competition, being responsible for ensuring the image of the category and the quality of the services they offer, sell and render, based on the ethics and technical aptitude of its managers, employees and agents.
Art 5º – The hotel companies must carry out the activities of exploration or administration of lodging facilities according to the specific legislation that is applicable to them, the agreements and the conventions, collective or individual, of the category and the norms established in this Code, that can subsidize judicial decisions.
Art 6º – The ABIH, by itself and with the National Council for Self – Regulation of Tourism Activities – CONATUR, will ensure that these standards, and those that modify or supplement them, Repeal of the acts that shaped the interventionist state action on the hotel industry.
SECTION III – APPLICATION
Art 7º – The ABIH Ethics Committee is created, composed of 5 (five) members to be appointed by the General Assembly, which will approve this Code, with the attribution of its implementation and follow-up, always in close collaboration with the state and district ABIHs.
Paragraph 1º – The members of the Ethics Committee will be appointed at the Annual General Meetings of ABIH, one year being the term of their mandate, and they may be reappointed.
Paragraph 2º – The ABIH will promote to the state and district ABIHs the creation and implementation of Ethics Commissions in each of them, for the purposes of this Article, whose operation will observe the provisions of this Code and the norms that complement it.
Art 8º – The Ethics Committee shall propose the issuance of procedural rules, aiming at the operationalization of the ABIH Ethics System and this Code, to be submitted to the approval of the first subsequent General Assembly, always preserving the broad right of defense and exemption in the assessment of Infringements established therein.
CHAPTER II – ETHICAL RELATIONS
SECTION I – RELATIONS BETWEEN HOTELS
Art 9º – Hotel companies should promote the exchange of information of a commercial, professional and technical nature, safeguarding those of individual interest and avoiding those that reflect subjective value judgments.
Art 10º – The hotel companies will practice free prices compatible with the category of the means of lodging that they exploit or manage and to the market in which they act, being forbidden the price abatement, thus considering those known to be inferior to the costs of the offered, overdue and rendered services.
Art 11º – In advertising advertising, hotel companies will not do comparative advertising by depreciating competition, as in any means of disclosure they will not make dishonorable comments to that same competition.
Art 12º – The hotel companies will promote the recruitment, selection and improvement of their personnel based on technical criteria, trying to avoid doing so with the competition or with abuse of economic power.
Art 13º – The attraction of clientele by the hospitality companies should be based on the quality of the services of the lodging means that they exploit or manage, the unjust solicitation or diversion of competitors’ clients is forbidden, as well as the payment of commissions to those who promote them.
Art 14º – In the event that the hosting service meets clients that are sent to it by its parent, due to its necessity, the best possible price for the services must be practiced.
Art 15º – Hotel companies that participate in bidding processes, in government agencies or private companies, will not offer additional advantages to those that usually practice in their contractual adjustments.
Art 16º – The associated hotel companies will allow members of the ABIH Ethics Committee and the state and district ABIHs or to whom it is designated by it to have free access to the information necessary for the assessment of the infractions foreseen in this Code, guaranteeing the use of them exclusively for this purpose.
SECTION II – RELATIONSHIP WITH TRAVEL AGENCIES
Art 17º – Hotel companies will clearly and systematically report the services they offer, sell and provide so that travel agencies can properly transmit them to their customers, including the physical characteristics of the accommodation environment, prices and conditions for payment, And the existing facilities for guests.
Art 18º – The relationship with the travel agencies will preferably be by some written means, with a forecast of the form of request, attendance and confirmation of the reservation, the deadlines for cancellation and charges arising therefrom, and the value, basis and form of remuneration of the agencies that Reserves.
Sole Paragraph – The hotel companies associated with ABIH will give preference to the attendance of the travel agencies associated to the Brazilian Association of Travel Agencies – ABAV, through adjustments that will not be less advantageous than those practiced by the means of lodging in their contracts.
Art 19º – The hotel companies will honor the adjusted prices and reservations confirmed by the travel agencies, except in cases of force majeure, and in the others, in which they can not meet the reservation, send the guests to another lodging facility of the same or higher category , Running at their own expense the transportation for the same and eventual tariff difference.
Art 20º – The lodging facilities may reject requests and reservations made by travel agents if there are previous payments pending or if they are different from what was adjusted.
Art 21º – ABIH will promote negotiations with the Brazilian Association of Travel Agents – ABAV to update the Agreement signed between the entities on January 8, 1985, with rules applicable to relations between hotel companies and travel agencies when adjustments between them Are insufficient.
SECTION III – RELATIONS WITH ORGANIZERS OF EVENTS
Art 22º – Hotel companies will keep organizers of events systematically informed about the structure they have for this purpose, including tariffs, payment terms, available services and corresponding prices.
Art 23º – The hotel companies will make adjustments with the event organizers, including the promoters, sponsors and directors thereof, establishing all the conditions for their effectiveness, in particular, discrimination of services, prices, form of payment, severability of the adjustment and its effects , The payment of commission, under the terms of current legislation, by private travel agencies is prohibited.
Sole Paragraph – The adjustments mentioned in this article exempt the means of lodging responsibility for the outcome of the event, except as expressly stipulated.
Art 24º – Once the adjustments provided for in the previous article have been made, the hotel companies will not make any changes related to them, except in agreement with the organizers of the events.
Art 25º – The facilities, equipment and support material that the lodging facilities assume the obligation to provide to the organizers of events will be delivered in perfect state of conservation and use, and the respective adjustment may provide guarantees of return in the same state.
Art 26º – The means of hosting, when holding events in its premises, will offer the possible facilities for the organizers, such as access to external communication and various information.
Art 27º – ABIH will promote negotiations with the Brazilian Association of Organizing Companies of Congresses -ABEOC, so that an agreement between the entities, with norms applicable to the relations between the hotel companies and the organizers of events, is reached, when the adjustments between them are insufficient.
SECTION IV – RELATIONS WITH AUTHENTICULTURAL LESSORS
Art 28º – When requested by guests, the lodging facilities will request vehicles from the rental companies, clearly transmitting the desired specifications, so that guests decide on the convenience of rental.
Sole Paragraph – In the event that the requested rental includes a driver’s service, the latter’s access to the internal dependencies of the lodging facilities may be prevented, for reasons of security of the guests, without prejudice to their communication with those who have requested the service.
Art 29º – The debits and losses arising from the rentals and services requested by the guests will not, unless expressly stated otherwise, be the responsibility of the lodging facilities.
Art 30º – ABIH will promote agreements with the Brazilian Association of Car Rental Companies – ABLA, in order to conclude an agreement between entities, with norms applicable to relations between hotel companies and car rental stores, when adjustments between them are insufficient.
SECTION V – RELATIONS WITH THE PUBLIC
Art 31º – The hotel companies and the means of lodging that they exploit or administer will exempt the public from the service established in the common and specific legislation, the Code of Consumer Protection and this Code of Ethics, always maintaining a polite and objective treatment.
Art 32º – The means of accommodation are responsible for clearly disclosing to the public the characteristics of the services they offer, sell and provide, pointing out possible restrictions to their consumption, such as minimum age, arrival times, Advance payments or other guarantees, conditions and effects of confirmed and unused reserves, in short, everything that can, in a way that allows easy and prompt understanding, influence consumer decisions.
Art 33º – In the absence of a specific adjustment, the confirmed reservations will be awaited until 18:00 hours from the date scheduled for the arrival of the guest and, on departure, will be valid until 12:00 noon of the respective scheduled date.
Sole Paragraph – The lodging facilities have no obligation to attend outside the reservation period and the conditions in which it has been stipulated.
Art 34º – Upon your arrival, the guests will make their own registration and will be informed by the lodging facilities, once again, of the conditions of their reservation and stay, being provided with science and express acceptance thereof, which will prevail over any unwritten information.
Sole Paragraph – Among the conditions mentioned in this Article, the lodging facilities must include the limits of the responsibility and the security system they have for the property belonging to the guests, the way of payment of expenses, the immediate release of the rooms at the end of the period Reserved or adjusted at the time of registration, informing the possibility of legal pledge of the assets of the guests who refuse to pay their expenses and the period in which they will be guarded goods eventually forgotten by the guests.
Art 35º – The lodging facilities may accept from the guest an express and signed declaration of consumption of goods or services whose verification, at the time of departure, makes the agility of the corresponding procedures difficult.
Art 36º – The means of lodging may refuse requests or requests for reservations, or interrupt the stay of the consumer who has pending payment in the same or others, practice acts that violate decorum and good customs, cause property damage, is being sought by law enforcement authorities , By porting or acquiring infectious – contagious disease.
Sole Paragraph – The means of lodging may prohibit the stay in their premises of persons who are not consumers of their goods or services and are not waiting or accompanying guests, under their responsibility.
Art 37º – Hoteliers and lodging facilities shall maintain absolute discretion over their guests, even in cases where there is an infringement of them, without prejudice to the objective exchange of information provided for in Article 9.
Art 38º – Hotel companies and lodging facilities, when requested by guests, should provide information on third-party services as a reference only.
CHAPTER III – INFRINGEMENTS, CLEARANCE AND PENALTIES
SECTION I – INFRINGEMENTS
Art 39º – The following are considered ethical infractions of hotel and lodging companies:
I – depreciation of prices or conditions for payment;
II – recruitment and selection of personnel from the competition with abuse of economic power;
III – offer of predatory advantages in bids;
IV – solicitation of customers from competitors;
V – providing disparaging or incorrect information about competitors.
Art 40º – Technical infractions of hotel companies and lodging facilities are considered:
I – admit employees or agents without qualification compatible with their duties;
II – provision of incorrect information;
III – failure to comply with contractual adjustments;
IV – objective deficiencies of goods and services offered, sold and rendered.
SECTION II – INFRINGEMENTS
Art 41º – The Ethics Committee of the ABIH, composed of the Ethics Committee provided for in article 7, and the Ethics Commissions that will be created by the state and district ABIHs, is hereby established, with the attribution of determining the conduct of the hotel companies and of the lodging facilities contrary to this Comply with the standards referred to in Article 8.
Art 42º – The determination provided for in the previous code shall be the state or district ABIH in whose territory the lodging facility to which the irregular conduct is being charged is located, it may request the participation of the National ABIH, which will promptly take the necessary measures.
Art 43º – The verification process shall be initiated ex officio by the President of the state or district ABIHs, or with the written notice of conduct of conduct considered to be irregular, of identified authorship, observing the following basic flow:
I – Once the process is instituted by the state or district ABIH, the imputed lodging will be notified, for manifestation within 10 days from the receipt and, if desired, the collection of documents and request for additional evidence;
II – received the manifestation will be appointed rapporteur, who will or will not grant the requested evidence and will determine the steps that he deems necessary, with science of the noticiante;
III – Upon termination of the investigation, the designated rapporteur shall prepare a report and cast his vote, at a trial session of the state or district ABIH Ethics Committee;
IV – if the case is judged by a majority vote, the parties involved will be notified of the decision and may, within 10 days of receipt, appeal to the Ethics Commission of the state or district ABIHs, with suspensive effect. Will send it to the Ethics Committee of ABIH Nacional, whose decision will be final.
Sole Paragraph – Once the process of investigation has been established, the ABIH Ethics Committee shall establish the following penalties:
I – written warning;
II – public censorship;
III – reduction of the price of substandard service;
IV – return of the poor service price;
V – indemnification for damages;
VI – dissemination of counter – advertising.
Sole Paragraph – Along with the penalties provided in this article, the immediate annulment of the practice of irregular conduct shall always be determined.
Art 46º – Failure to comply with decisions that impose penalties will result in the suspension or elimination of the hotel company from the membership of the state or district ABIHs.
Sole Paragraph – In the case of suspension, the members of the company can not exercise position or function in the ABIH, as well as the associative rights.
Art 47º – The negative decision of irregular conduct may determine the withdrawal by the hotel company that reported it, if there is evidence of the existence of the misconduct.
Art 48º – If the investigation concludes that there are indications that the irregular conduct has been committed by companies from other tourist segments, ABIH will request measures from the National Council for Self – Regulation of Tourism Activities – CONARTUR.
Art 49º – In any case, if the decision does not result in the termination of the irregular practice, ABIH may request from the competent bodies the pertinent administrative, police or judicial measures.
Art 50º – At any time, the hotel company punished may present new or unknown facts at the time of the determination to request review of the applied penalty, when possible, whose process will observe the rite provided for in article 43.
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