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On Hotel Service Contract

Posted on:2008-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:W T GuoFull Text:PDF
GTID:2166360215979912Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Hotel service contract is an agreement of accommodation and relevant service that the hotel operator promises to offer to the client who pays for these. It belongs to mixture-type contract of Nameless Contract, as it is not defined in Law of Contract, and shall be applied to the general rules of the Contract Law, and the reference laws and regulations about Leasing contract and Storage contract, as well as Consumer's Rights and interests protection Law, Hotel industry public security policing method etc.Hotel contract of service has its special case in establishment. In principle, Hotel business shall be checked and approved by administration department before it is started. Client shall be natural person of completely civil capacity. Hotel service contract belongs to informal contract with regard to its nature of establishment. The client makes an attachment contract effective immediately by reservation, and the deposit and advance payment from the client work as creditor's right guarantee. Hotel service contract holds a number of format clauses with a variety of expressions regarding content. Change of the Hotel service contract includes room change, price adjustment, change of check-in time, revision of service, alteration of payment method, etc.Client has the obligation that are bounded to the contract, like pay for the room, reasonable use of the hotel facility, keep the room key properly, and deliver the valuable goods for safe storage etc. , and obligation enclosed like inform, cooperate, notice and stand to the hotel rules and regulation. The client shall compensate the loss or return the property and take the responsibility in case of violation of the mentioned obligations.Hotel operator has the obligation that are bounded to the contract, like provide room for the client, keep client's goods, offer other services that the client requires, hand over the key to the client, remind the client to deliver the valuable goods for storage etc., and obligation enclosed like inform, take care of, and secure client's safety and property. The hotel operator shall take the responsibility to maintain the facilities at its own expense, re-render service, change room, reduce service charge, and compensate the loss in case of violation of the mentioned obligations. How to calculate the lodging time is always disputable in practice. The current way of calculating is reasonable to some extent but not yet rigorous. The hotel association and relevant departments shall work out the calculation method of lodging time based on serious statistics, so as to balance the interest of the hotel and the need of the client.
Keywords/Search Tags:Hotel, Hotel Service Contract, Format Clauses, Security and Insurance Obligation, Industry Tradition (Industry Habit)
PDF Full Text Request
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