Research On The Legal Issues Of Consumer Rights Protection In The Service Industry

The hospitality industry is a broad category includes lodging, theme parks, cruise line, restaurant and tourism industry. The industry has complete research system in United States, France and Switzerland. After the China's reform and opening up, lots of western hotel brands come to China. Based on the actual situation in the country, the whole industry existed as a subsidiary of the tourism industry. With the rapid developing of Chinese economic, the structure of every industry is continuously enriched and improved. If still treat hospitality industry as the subsidiary of the tourism industry, it will not be able to meet the development of this industry and the whole market. Therefore, we should introduce the definition of hospitality to China.The Tourism Act came into operation on October 1st, 2013, through legislation to regulate the tourist activities and protect tourist's right. But few clauses adapt to hotel and restaurant industry. On the other hand, the new edition of Law on Protection of the Rights and Interests of Consumers, focuses on the protection of merchandise consuming behavior, ignored the service consuming behavior. In the first part of this paper, defines the main content of hospitality consumer rights. In the second part, analyze the typical cases of consumer rights and interests protection of domestic hospitality industry. In the third part, analyze the foreign services consumer protection system through the case of Liebeck v. McDonald's Restaurants. In the forth part, find out the disadvantages and problems of Chinese hospitality consumer protection by comparison, summarizing the experience and advantages of the United States. And propose the methods to improve consumer protection of hospitality industry in China and propose the recommendation of legislation, industry regulation and perfection of contract system.