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A hotel contract is one of the many essential procedures in the travel industry that deals with managing the connections between travel agencies and hotels. The agreement specifies how a hotel's commercial space—such as its retail or office space—may be used. Because it gives the owner revenue and gives their business more exposure, this kind of business arrangement is advantageous to all parties. Payment terms and schedules are outlined in hotel lease agreements. It will frequently specify who oversees staffing, maintenance, and cleaning. Consider the following when looking for a reliable hotel contract.

Considerations When Entering Into a Hotel Contract

A hotel and tenant enter into a legal contract known as a hotel agreement. This is generally used by travel agencies and tour operators to book lodging for their clients, haggle over prices, and set important guidelines. Operating bottlenecks are frequently the consequence of this laborious and time-consuming process. The following points must be considered while dealing with a hotel contract for a smooth experience.

  • Apartments and Room Blocks: If you are organizing an official gathering, you will likely need to contract and negotiate a block of hotel rooms for your attendees. A block of rooms is when you reserve a specific number of hotel rooms for your guests. It will be less expensive for you to get those hotel rooms if you make your reservations further in advance. If you do not book all of the rooms in your block, the hotel will charge you attrition. Of course, this could have an unforeseen, detrimental effect on your spending plan. However, you can avoid booking every room, depending on the terms of your hotel contract. You should not accept less than 20% allowable room attrition, even if they offer you 10%. This implies that you will be able to fulfill your guarantee of sleeping rooms up to 80% without incurring any penalties. Unless you are signing as an authorized agent of the association, never list your agency as a party to the agreement. Even if you do so jointly with the association, you might be held accountable for unsold rooms if you sign your agency's name.
  • Orders for Banquet Events: Banquet event orders are an additional set of agreements that include other details for your event, including food and drink. The charges associated with these orders will go toward your contracted F&B requirement. Most hotel service teams regard the event orders as the event bible; it is not confirmed if something is not written on the order sheet. Even though last-minute adjustments and requests are common, your service orders should cover every request.
  • Setup for Pre-Event and Site Visit: Enough time must pass before any event can be set up. Some people might finish it in a few hours, while others might need several days. This depends on your AV requirements, on-site branding, and stage design. Include pre-event setup time in your agenda outline and hotel contract if necessary. Otherwise, it may be impossible for you to get into your meeting room in time. A site visit is not necessary to plan an event, but it is a great way to estimate how much time you will need to set up your event space.
  • Food and Drinks: Banquet labor expenses are generally negotiable but cannot be waived. If you are organizing a big party with a bar, set aside a few bars for the exclusive serving of wine, beer, and specialty pre-made cocktails. It might be possible to have a banquet server serve instead of a bartender and avoid paying a fee for these bars. Additionally, this configuration results in shorter lines—a win-win scenario!
  • Policy for Third-Party Services: Experienced planners and organizers know they should never make assumptions when planning an event. Make sure to double-check everything. Tell the hotel what kind of theme you have for the event and what kind of décor you need. In this manner, you will know what you can rent from them and what you must pay separately. Find out exactly how the hotel feels about outside audiovisual services. If your hotel has in-house audiovisual equipment, you will usually have to use it or pay a fee to use an outside vendor.

Essential Clauses of a Hotel Contract

Some essential terms must be considered while framing or signing a hotel contract.

Force Majure

Whether or not there is a clause on the subject, the law will release parties from their obligations if performance is rendered impossible by unforeseen events beyond the parties' control, in another scenario known as "Commercial Frustration," contracting parties may also be released if, although the contract could theoretically still be performed, there would be no benefit.

A lower standard—such as "commercially impracticable"—that the parties agree upon for excused performance will take precedence over the general law.

The clause's terms must be carefully drafted to prevent disagreements between the parties over whether the clause's requirements have been fulfilled.

Insurance

Insurance is essential for practically any kind of event. A liability insurance policy will cover the cost of hiring an attorney to fight the claim, all defense expenses, and any settlement or judgment if a spectator or third party is hurt at an event and files a claim for damages against the event sponsor or the venue.

The event sponsor could not cover the settlement or judgment, which could amount to millions of dollars depending on the injury sustained. The event sponsor is shielded from that disastrous liability by insurance.

The policyholder may receive compensation from other insurance types for business interruption, event cancellation, cyber liability, liquor liability, and property loss or damage.

Rebates and Commissions

Rates for hotel rooms may include a rebate or be commissionable to a designated agent. Commissions and rebates are two distinct things. A rebate is normally given to the group following the meeting; it is usually a fixed monetary amount deducted from the group's room rate. Groups frequently use rebate income to defray the cost of transportation or convention center usage.

Commissions are typically based on the agreed-upon room revenue and are given to a third-party company that helps with the group's reservation. Rather than including them in the guest room rate, consider raising the event registration fee by the rebate amount.

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Key Terms for Hotel Contracts

  • Commercial Frustration: A defense is used when an unforeseen circumstance arises after a contract has been made.
  • Commercial Impracticability: In terms of contract law, commercial impracticability denotes the state in which the performance of a contractual obligation has become impracticable and cannot be reasonably accomplished.
  • Indemnification: When one party tries to hold the other accountable for liability claims resulting from the event, this is indemnification. Alternatively, they want you to assume the risk of getting hurt.
  • Keiretsu: A business network comprising various companies such as distributors, manufacturers, supply chain partners, and occasionally financiers is called a "keiretsu" in Japanese.

Final Thoughts on Hotel Contracts

If you are preparing to host an event, check it out before signing the contract. Seek legal advice right away! It makes no financial sense to spend time, money, and energy organizing an event without hiring knowledgeable legal counsel to review the contract to ensure your protection. To save yourself the trouble of waiting days or weeks for a response, it is best to have the agreement drafted and reviewed by an attorney from a legitimate firm.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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