LEGAL ASPECTS OF ADVERTISING ACTIVITIES IN THE HOTEL AND RESTAURANT BUSINESS

Abstract

The hotel and restaurant industry is one of the most dynamic sectors of the service industry, where advertising plays a key role in promoting services, attracting customers, and shaping the establishment's image. Advertising activities in this field must comply with relevant legislation, as violations can lead to administrative or even criminal liability. The primary legal framework regulating advertising in Ukraine includes the Law "On Advertising," the Civil Code, the Law on Consumer Protection, the Law on Personal Data Protection, and other sector-specific regulations. For international hotel chains, foreign laws and international standards may also apply. Advertising materials must be truthful, prohibiting false claims regarding the establishment’s category (e.g., unconfirmed "5-star" status), prices, quality of services, or location. Unfair advertising harms consumers and disrupts fair competition. Branding is closely linked to advertising, and establishments must have rights to use logos, slogans, images, and music, respecting copyright laws. Marketing via email, SMS, or social media involving personal data requires compliance with data protection laws, including user consent, transparency, and opt-out options. Advertising of alcoholic beverages faces special restrictions regarding timing, placement, and content, with additional protection for vulnerable groups such as children. Manipulative marketing techniques, such as creating false scarcity, aggressive remarketing, and overuse of emotional triggers, raise ethical and legal concerns, potentially violating laws against misleading consumers. Given the rapid development of digital technologies and neuromarketing, updating legal mechanisms and strengthening content control on online platforms is necessary. Compliance with advertising laws and ethical standards fosters consumer trust, avoids penalties, and improves competitive positioning. Modern trends require an integrated approach combining legal, ethical, psychological, and digital aspects of advertising influence in the hospitality sector.