Sample contract for accommodation in a hotel. Sample form of a contract for the provision of hotel services

Contract N _____ for the provision of hotel services

_______________ "__" ___________ ____

Represented by ____________________, acting ___ on the basis of ____________________, hereinafter referred to as __ Hotel, on the one hand, and ____________________ represented by ____________________, acting ___ on the basis of _______________, hereinafter referred to as __ Organization, have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. Under this agreement, the Hotel undertakes to provide the Organization with the following services: ___________________________________________________________ __________________________________________________________________________, (for example, provide rooms to the employees of the Organization, rent out a banquet hall, conference hall) and the Organization undertakes to pay for these services in the manner and within the time specified in this agreement.

2. Obligations of the Parties

2.1. The hotel is obliged:

2.1.1. To provide the Organization with the necessary and reliable information about the services in a timely manner, enabling them to right choice.

Information is placed in a room intended for registration of residence, in a convenient place for viewing.

2.1.2. Provide the Organization with the provision of benefits, if such benefits are provided for by laws and other regulatory legal acts.

2.1.3. Bring to the attention of the Organization a list of services that are included in the price of the required service.

2.1.4. The hotel must eliminate the shortcomings of the service provided within _______________ from the moment the Organization submits the relevant request.

2.2. The hotel is not entitled to perform additional services for a fee without the consent of the Organization. The Organization has the right to refuse to pay for such services, and if they are paid - to require the Hotel to return the amount paid.

2.3. The organization is obliged:

2.3.1. Comply with the rules of accommodation and fire safety rules established by the Hotel.

2.3.2. Accept and pay for the services rendered to her by the Hotel in full.

2.4. The organization has the right:

2.4.1. Terminate this agreement at any time by paying the Hotel a part of the price in proportion to the part of the service provided before receiving a notice of termination of the agreement and reimburse the Hotel for the expenses incurred by it up to this point in order to fulfill the agreement, if they are not included in the specified part of the price of the service.

2.4.2. In case of detection of deficiencies in the service provided, at your choice, demand:

Free elimination of deficiencies;

A corresponding reduction in the price for the service provided.

2.4.3. Terminate this agreement and demand full compensation for damages if the Hotel is in set time did not address these shortcomings.

2.4.4. Terminate the contract if she discovered significant shortcomings in the service provided or other significant deviations from the terms of the contract.

2.4.5. Demand full compensation for the losses caused to her due to the lack of services rendered.

3. Cost of services and payment procedure

3.1. The cost of services is calculated according to the Price List of prices for accommodation valid at the time of acceptance of the application, as well as the Price List of prices for additional services.

3.2. In case of booking a room, the Organization makes an advance payment in the amount of _____% of the total cost of services within 24 hours from the moment the invoice is issued by the Hotel.

The rest of the amount is paid no later than _____ days before the expected date of arrival.

3.3. If the Organization cancels the reservation, the amount for the reservation in the amount of _____% of the total cost of services is not refundable.

3.4. Payment for hotel accommodation is charged in accordance with a single checkout time - from 12 o'clock of the current day local time.

When placed before the check-out time (from 0 to 12 hours), the accommodation fee is not charged.

In case of delay in the departure of the consumer, the payment for accommodation is charged in the following order:

No more than 6 hours after the checkout time - hourly payment;

From 6 to 12 hours after the checkout time - payment for half a day;

From 12 to 24 hours after the checkout time - full day (or hourly) payment.

For stays of no more than a day (24 hours), the fee is charged per day, regardless of the checkout time.

4. Procedure for the provision of services

4.1. The quality of the services provided must comply with the terms of this agreement and the requirements usually imposed on these services.

4.2. To use the services of the Hotel, the Organization sends an application for _______________, which indicates:

Dates of using the service;

FULL NAME. and passport details of the person to whom this service should be provided (in the case of booking a room for an employee), or the name of the Organization (in the case of renting, for example, a banquet hall);

- _____________________________________________________________.

The hotel is obliged to inform about the possibility / impossibility of using the service within _______________ time, issue an invoice or offer a replacement option.

In the event of several applicants for a specific service (room), the Hotel is obliged to give preference to the Organization. In case of violation of this condition, the Hotel is obliged to pay compensation to the Organization in the amount of _______________.

4.3. The hotel is obliged to provide the Organization with the following types of services at no additional charge:

Call an ambulance;

Use of a medical kit;

Delivery of correspondence to the room upon its receipt;

Wake up at a certain time;

Providing boiling water, needles, threads, one set of dishes and cutlery.

4.4. The order of accommodation in the hotel is established by the Hotel.

4.5. The hotel is responsible for the safety of the things of the Organization. In case of discovery of forgotten things, the Hotel is obliged to immediately notify the owner of the things.

4.6. The Organization's claims to reduce the price of the service provided, as well as to compensate for losses caused by the termination of the contract, are subject to satisfaction within 10 days from the date of presentation of the relevant request.

5. Responsibility of the Parties

5.1. For violation of the deadlines for meeting certain requirements of the Organization, the Hotel pays the Organization for each hour (day, if the period is defined in days) of delay a penalty (penalty) in the amount of _____% of the daily price of the room (place in the room) or the price of a separate service, if it can be determined.

5.2. For violation of the terms for the start of the provision of services under the contract for booking rooms in the hotel, the Hotel pays the Organization for each day of delay a penalty (penalty) in the amount of 3% of the daily price of the reserved rooms.

5.3. Hotel, in accordance with the law Russian Federation, is liable for harm caused to the life, health or property of the Organization due to deficiencies in the provision of services, and also compensates for moral damage caused to the Organization by a violation of consumer rights.

5.4. The Organization, in accordance with the legislation of the Russian Federation, compensates for the damage in case of loss or damage to the property of the Hotel, and is also responsible for other violations.

6. Final provisions

6.1. Genuine contract enters into force from the moment of its conclusion and is valid until the full fulfillment of obligations by the Parties.

6.2. This Agreement is made in two authentic copies, one for each of the Parties.

6.3. In everything that is not provided for by this Agreement, the Parties are guided by the current legislation.

7. Details and signatures of the Parties

Hotel Organization ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ___________________ ___________________ (signature) (signature)

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes to provide accommodation services for the Customer's representative at the hotel located at: ______________________________, according to the Applications previously agreed with the Contractor.

1.2. Client - individual, a direct consumer of hotel services.

1.3. Individual check-in - check-in from one to four clients. Group check-in - check-in of five or more customers.

2. OBLIGATIONS OF THE PARTIES

2.1. The customer undertakes:

2.1.1. Send the Application to the Contractor at least __________ days before the client checks in. The Application specifies the client's data (full name), date of arrival, date of departure, category of the hotel room, reference to the contract number, discount percentage (under the contract).

2.1.2. Timely and in full to make payment in the manner and on the terms stipulated by this agreement.

2.1.3. Immediately report any circumstances that may affect the performance of this agreement.

2.1.4. During the year, accommodate clients for more than __________ days.

2.2. The Contractor undertakes:

2.1.2. Within 24 hours, agree on the Customer's Application and inform in writing about the possibility or impossibility of providing services.

2.2.2. Provide the services specified in the Application, or other agreed services in accordance with this agreement, the rules of hotel accommodation.

2.2.3. To provide services of high quality, in compliance with the norms and rules stipulated by the legislation of the Russian Federation for the provision of relevant services.

3. COST OF SERVICES AND PROCEDURE OF PAYMENTS

3.1. The cost of hotel accommodation is determined in accordance with the Price Agreement, which is an integral part of this agreement.

3.2. The amount of the discount under this agreement is __________% of the officially published price. The discount applies only to accommodation services.

3.3. The customer is obliged to fully pay 100% of the total cost of services.

3.4. Payment must be made within the following terms:

for non-cash payments - one day before the day of arrival, according to the invoice;
in cash - on the day of arrival of the client;

3.5. The customer makes payment under this agreement in the form of a cashless or cash settlement. The date of payment is the date of enrollment Money to the Contractor's settlement account or receipts at the Contractor's cash desk.

3.6. The final amount (actually payable) upon provision by the Contractor additional services not provided for in the Application, or a change in the cost of the provided services is determined by the Parties in the Act of Services Rendered upon the fact. The difference between the final amount and the amount paid in advance is paid by the Customer within __________ banking days from the date of signing the Act. The act is signed by the Parties no later than __________ business days from the end of the provision of services to the Customer.

4. RESPONSIBILITIES OF THE PARTIES

4.1. For violation of the terms of payment, the Contractor has the right to charge penalties in the amount of __________% of the unpaid amount for each day of delay.

4.2. In case of non-fulfillment or improper fulfillment of other obligations under this agreement, the guilty party shall be liable in accordance with the current legislation of the Russian Federation.

4.3. If the Customer refuses the Application, he must notify the Contractor in advance. Notice is considered advance:

for individual arrival more than 1 day before arrival;
for group check-in more than 3 days before arrival;

4.4. In case of violation of the terms of cancellation of the Application, the following penalties may be applied to the Customer:

in case of individual arrival, refusal less than 1 day in advance - a fine in the amount of __________% of the cost of the application;
in case of group check-in, cancellation less than 3 days in advance - a fine of __________% of the cost of the application;

4.5. In case of complete or partial no-show of the Customer on an application that has not been canceled, the Customer shall pay the Contractor 100% of the cost of no-show for the entire period.

4.6. The payment of penalties on a claim requirement does not relieve the guilty party from the obligation to properly fulfill its obligations under this agreement.

4.7. In case of causing damage to the property of the Contractor or damage to property (life, health) of the Contractor's employees, the Customer undertakes to compensate for the damage caused in the manner prescribed by the current legislation of the Russian Federation.

4.8. The occurrence of force majeure circumstances (force majeure), such as: natural disasters, epidemics, fire, hostilities and mass riots, releases the parties from liability for non-fulfillment or improper fulfillment of obligations under this agreement.

5. TERM OF THE CONTRACT

5.1. The Agreement comes into force from the moment of its signing by both parties and is valid until "_____" _______________2016.

5.2. Either Party has the right to terminate this Agreement ahead of schedule by notifying the other Party of its decision in writing at least __________ days in advance.

6. OTHER TERMS

6.1. All annexes, additions and amendments to this Agreement, made in writing and signed by authorized representatives of each of the Parties, are its integral part.

6.2. Disputes arising from the performance of this agreement and not resolved by negotiation will be referred to the Arbitration Court of ____________________.

6.3. In everything that is not provided for by this agreement, the Parties are guided by the current legislation of the Russian Federation.

6.4. This Agreement is made in two copies, having the same legal force, one for each side.

7. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Executor

Customer Legal address:______________________________________________ Postal address:________________________________________ TIN/KPP:______________________________ Phone/fax:____________________ Settlement account:______________________________ Bank name:______________________________ Correspondent account:______________________________ BIC:____________________

8. SIGNATURES OF THE PARTIES

Artist _________________

Customer _________________

1. Hotel service as an integral element of the tourist product.

2. General characteristics of the hotel service agreement.

3. Interaction of tour operators with accommodation facilities in the formation of a tourist product.

1. One of the main activities in the field of tourism is the provision of tourist accommodation services (accommodation service in accordance with applicable law is a necessary element of the tourist product).

The main regulatory documents governing the activities of accommodation facilities as elements of the tourism industry are:

1) Civil Code of the Russian Federation (chapters 34, 39, etc.)

3) Rules for the provision of hotel services in the Russian Federation (approved by Decree of the Government of the Russian Federation of April 25, 1997 No. 490).

4) GOST R 51185-2008 “Tourist services. Accommodation facilities. General requirements” (approved by the Order of Rostekhregulirovanie dated December 18, 2008 No. 518-st).

5) The classification system of hotels and other accommodation facilities (approved by the Order of the Federal Tourism Agency of July 21, 2005 No. 86).

Hotel service is a complex complex service. The main element is the service for provision of temporary accommodation people (but also services for registration of guests, storage of property, cleaning of rooms). The main purpose of the hotel service is the provision of a hotel room for temporary residence and the creation comfortable conditions to stay in it.

hotel service- this is a set of actions of the contractor (hotel) to meet the individual needs of the consumer in temporary accommodation in a hotel room and various services mediating it, which are both included in the price of the room and are additional.

The hotel service is based on two main components:

- material base- technical equipment of rooms and infrastructure of the hotel;

- service- activities of the hotel staff to ensure the use by the consumer of the material base of the organization and the provision of additional services.

Components of a hotel service:

1) services preceding the conclusion of the contract between the contractor and the customer (booking a room, booking a hotel stay);

2) accommodation of the consumer in the room, as well as the provision of the entire list of services that are included in the price of the room (place in the room);

3) additional services, they, in turn, are divided into three groups:

a) The first group includes services that the hotel is obliged to provide the consumer at no additional charge: call an ambulance; use of a first-aid kit, delivery of correspondence to the room upon receipt; wake-up call at a certain time; provision of boiling water, needles, threads, one set of dishes and cutlery. The list of these services and their gratuitous status are enshrined in clause 15 of the Rules for the provision of hotel services in the Russian Federation. At the same time, the contractor has the right to expand this list and is not entitled to charge a fee for these services.

b) The second group includes services that are not included in the price of the room by the contractor, but they are provided on the territory of the hotel. These services can be provided to the consumer for a fee and with his consent(services of dry cleaning, laundry, bar, restaurant, beauty salon, telephone, car rental, sauna, solarium, etc.). Usually a list of such additional services is included in the price list. Clause 11 of the Rules for the provision of hotel services in the Russian Federation establishes the right of the consumer to refuse to pay for such services, and if they are paid, the consumer has the right to demand that the contractor return the amount paid. It is prohibited to condition the performance of certain services on the mandatory provision of other services.

c) The third group includes services that the consumer has the right to demand, and the contractor, in turn, has the right to provide them. The services included in this group can be characterized as single, atypical (for example, the consumer requires some exotic food to be delivered to his room, etc.).

2. Relations between the hotel (executor) and the client (consumer) are regulated contract for the provision of hotel services. At the same time, the current legislation does not contain a legal definition of the concept of a contract for the provision of hotel services.

In the literature, there are different points of view about the essence of this contract.

Current civil law hotel services agreement relates to the group of contracts for the provision of services (see Chapter 39 of the Civil Code of the Russian Federation, Article 426 of the Civil Code of the Russian Federation, Rules for the provision of hotel services in the Russian Federation).

* as you know, in addition to hotels, there are other accommodation facilities that may be subject to the rules provided for hotels (for example, clause 5 of article 925 of the Civil Code of the Russian Federation “Storage in a hotel” provides that the rules of this article are accordingly applied to the storage of things of citizens in motels, rest houses, boarding houses, sanatoriums and other similar organizations).

Based on this, L.K. Sadardinova believes that contract for the provision of hotel services is a type of contract for the provision of services for a fee, according to which one party (the hotel) undertakes to provide the other party - the guest (consumer) with hotel services with its own funds in accordance with the category assigned to it, and the other party undertakes to pay for them.

M.I. Braginsky believes that "... the agreement on accommodation in a hotel is mixed, including, among other things, the direct provision of various services, including storage in a hotel." He believes that the contract for the provision of hotel services includes elements of contracts provision of services and agreements storage.

E.L. Pisarevsky also considers this agreement as mixed with elements of a contract for the commercial rental of residential premises and contracts for the provision of paid services (catering services, communication services, consumer services).

Yet it seems that the basis of hotel service is the provision of premises. for temporary residence citizens. This is the main responsibility of the person carrying out this species activities. The services provided to a citizen when staying in a hotel are additional in nature. Their nature, list and quality depend, first of all, on the premises itself.

The subject of this agreement is the hotel service. The contract for the provision of hotel services for a fee is:

consensual;

Mutual;

Compensatory;

public;

Accession agreement.

The conclusion of a contract for the provision of hotel services may be preceded by a contract for booking a hotel. The legislation establishes an open list of means by which a hotel booking agreement can be concluded: postal, telephone and other communications, including the Internet (see clause 6 of the Rules for the provision of hotel services in the Russian Federation).

The contract for the provision of hotel services is characterized by a special subject composition. Due to the professional nature of the hotel service (service of another accommodation facility), special increased requirements are imposed on its performer.

*see, for example, GOST R 51185-2008 “Tourist services. Accommodation facilities. General requirements"

The second party under the contract is the customer - the consumer (guest), who will be provided with hotel services exclusively for personal, family, home and other needs not related to business activities. This person is subject to consumer protection laws.

The main rights of the hotel include the following:

The right to independently set the price of the room (place in the room), as well as the form of payment;

The right to conclude an agreement on booking places in a hotel; in case of delay of the consumer, the hotel has the right, in addition to the booking fee, to demand payment for the actual simple room, but not more than a day; if more than a day late, the reservation is canceled (if the consumer refuses to pay for the reservation, his accommodation is made in the order of the general queue);

The right to set a maximum period of stay in a hotel, the same for all consumers;

The right to independently determine the procedure for staying in a hotel.

The main responsibilities of the hotel:

Timely provide the consumer with the necessary and reliable information about the services, ensuring the possibility of their correct choice, including information on the price and conditions for acquiring the relevant services;

* in accordance with paragraph 4 of the Rules for the provision of hotel services in the Russian Federation, the information must include information about the price of hotel rooms (places in the room); list of services included in the price of the room; the list and price of additional services provided for a fee; form and procedure for payment for services

The Contractor - a commercial organization is obliged to conclude an agreement with the consumer for the provision of services, except in cases where it is not possible to provide services, including if the constituent documents of the Contractor or the civil law contract concluded with him provide for the obligation of the Contractor in a certain order to provide services of the corresponding category persons;

Ensure round-the-clock registration of consumers arriving at the hotel and departing from it;

Responsible for the safety of the consumer's belongings; in case of discovery of forgotten things, the hotel is obliged to immediately notify the owner of the things; if the person who has the right to demand the forgotten thing, or the place of his stay is unknown, the hotel is obliged to report the find to the police or local government;

The hotel is also liable for harm caused to the life, health or property of the consumer due to deficiencies in the provision of services, and also compensates for moral harm caused to the consumer by a violation of his rights.

The main rights of the consumer of hotel services include the following:

The right to terminate the contract for the provision of services at any time by paying the hotel a part of the price in proportion to the part of the service provided before receiving a notice of termination of the contract and reimburse the hotel for the expenses incurred by it up to that moment in order to fulfill the contract, if they are not included in the specified part of the price of the service;

In case of detection of deficiencies in the service provided, the right, at his choice, to demand the gratuitous elimination of deficiencies or a corresponding reduction in the price for the service provided; the consumer can also terminate the contract and demand full compensation for damages if the hotel has not eliminated these shortcomings within the prescribed period. The hotel must eliminate the shortcomings of the service provided within an hour from the moment the consumer submits the corresponding request; the consumer's claims for a reduction in the price of the service provided, as well as for compensation for losses caused by the termination of the contract for the provision of services, are subject to satisfaction within 10 days from the date of presentation of the relevant requirement

*for example, in a hotel the consumer was refused to bring boiling water to the room, bed linen and towels were not changed - if the hotel administration did not take action within an hour from the moment the deficiencies were discovered, the consumer may demand a penalty in the amount of 3% of the daily room rate for each hour of delay

The right to terminate the contract if he found significant shortcomings in the service provided or other significant deviations from the terms of the contract.

The main responsibilities of the consumer of hotel services:

Pay for the services rendered to him in the manner and terms established by the agreement with the hotel;

* the consumer is obliged to pay for the service provided by the hotel in full after its acceptance; with the consent of the consumer, the service can be paid by him at the conclusion of the contract in full or by issuing an advance

Obliged to comply with the hotel's order of residence and fire safety rules;

Obliged to pay damages in case of loss or damage to the property of the hotel, as well as the consumer is responsible for other violations.

If the consumer of the hotel service has not vacated the room before a single check-out time (12 noon), then an hourly payment will be taken from him for additional time if he stayed before 18.00. Departure delay from 6 to 12 hours is paid as half a day, and more than 12 hours - as a full day.

3. The existing schemes of cooperation between the tour operator and accommodation facilities can be divided into two groups.

First the group is associated with the transfer of the risk of non-sale of rooms (places in the room) from the accommodation facility to the tour operator. In such a situation, a certain risk-taking bonus for the tour operator is tall sizes discount for hotel services. This group includes such types of agreements as:

Hotel rental;

Acquisition of blocks of rooms on the terms of a commitment;

Irrevocable booking.

For example, a commitment is one of the forms of cooperation between a tour operator and a hotelier, in which the tour operator makes a partial (at least 50%) or full prepayment for the declared number of rooms immediately before the start of the season. At the same time, the tour operator cannot refuse the declared block of rooms before the end of the season, therefore, the risk of remaining with unsold rooms lies with the tour operator.

second the group is formed by work schemes that are not based on the transfer of the risk of not selling rooms (places in a room) from the accommodation facility to the operator, while these schemes do not provide for any significant discounts from the hotel. This group includes such forms of relations as:

Acquisition of blocks of rooms on the terms of the elotment;

Priority booking;

Increased commission for providing rooms;

One-time requests from the tour operator.

For example, an elotment is a form of interaction between a tour operator and a hotelier, in which the operator declares the size and duration of its own block of places in the accommodation facility, but does not pay for it in advance, but gets the opportunity to pay the hotelier immediately before each arrival of tourists. If the planned number of rooms is not sold, the operator can reduce the block size without penalty from the hotel.

AGREEMENT No. __

on the provision of accommodation services

Nizhny Novgorod "__" ___________ 201__

4.2. If the accommodation cannot be carried out due to the fault of the Customer, the services are subject to payment in full.

4.3. In the event that accommodation cannot be provided due to the fault of the Contractor, the amount paid for accommodation is returned to the Customer in proportion to the period during which the services were not provided.

4.4. In case of termination of the contract unilaterally at the initiative of the Customer, the Customer pays the Contractor for the costs actually incurred by the Contractor.

4.5. The parties undertake to notify each other as soon as possible of the occurrence of circumstances that prevent or make it impossible to fulfill obligations under this agreement.

4.6. In the event of the occurrence of force majeure circumstances that resulted in the impossibility of full or partial fulfillment of obligations by any of the parties under this agreement, including: natural disasters, blockades, fighting or other circumstances beyond the control of the parties, the performance of obligations is suspended for the duration of such circumstances.

4.7. For all other issues not covered by this agreement, the parties are guided by the current legislation of the Russian Federation.

4.8. All disputes and disagreements under this contract are resolved through negotiations. If the parties fail to reach an agreement, the dispute is referred to the court.

5. Duration of the contract, aboutgrounds for changing and terminating the contract

5.1. This agreement comes into force from the moment of its signing and is valid until the parties fully fulfill their obligations.

5.2. This agreement may be amended or terminated by agreement of the parties, which is executed in the form of an agreement signed by the parties.

5.3. All appendices to this agreement are its integral part.

5.4. This Agreement is made in two copies, one for each of the parties. All copies are identical and have equal legal force.

6. Details of the parties

Executor	Customer
Hostel»
Address, contact numbers:
Legal address: a, k. 2 The actual address:
Bank details:
in PK-Bank LLC, Nizhny Novgorod
Director _________________/ /	________________________/ ______________

delivery-acceptance services

N. Novgorod

We, the undersigned, from the Contractor - Limited Liability Company Hostel", . G., acting on the basis of the Charter, on the one hand, and on behalf of the Customer - ANO "Interregional School Basketball League", acting on the basis of the Charter, on the other hand, have drawn up this act stating that, in accordance with agreement No. 7 of "04" March 2013 (hereinafter referred to as the contract) the Contractor provided accommodation and catering services to the Customer's guests in the period from March 18, 2013 to March 24, 2013.

The Customer has no claims to the Contractor for the services provided for accommodation and meals for guests.

The cost of services amounted to accommodation One hundred six hundred three thousand eight hundred) rubles. 00 kop.

The cost of services for food was 129,000 (One hundred twenty-nine thousand) rubles.

Total: 292,800 (Two hundred ninety-two thousand eight hundred) rubles.

The act is drawn up in two copies, one for each of the parties. All copies are identical and have equal legal force.