Renting hotel rooms is a common practice in the travel and hospitality industry. Many people are unaware that staying in a hotel comes with several legal aspects.
The stay in a hotel begins with the conclusion of a hotel booking contract. This contract contains the terms and conditions for the stay, such as the duration, the price, the cancellation policy and the responsibilities of both parties. It is important that guests read and understand this contract carefully before agreeing to the terms.
A hotel booking contract is a binding agreement between a guest and a hotel that sets out the terms and conditions for staying in a hotel room. The contract is usually entered into when the guest makes a reservation, which reservation is accepted by the hotel.
The hotel booking contract is intended to protect the rights and obligations of both the guest and the hotel and to provide clear conditions for the stay. It is important that guests read and understand the small print carefully before agreeing to the conditions. In the event of any disputes, the parties can fall back on the provisions in the contract.
The following elements are often included in the hotel booking contract:
- Guest details: the guest's name, contact details and any specific requirements, such as a preference for a non-smoking room, an extra bed or special dietary requirements.
- Duration of stay: this specifies the guest's arrival and departure dates, as well as the number of nights the guest will stay.
- Room type and facilities: the contract includes information about the type of room booked (for example, a single room, double room or suite) and any specific facilities available, such as a minibar, Wi-Fi or safe.
- Price and payment terms: the contract clearly states the price the guest must pay for the stay, including any additional costs, taxes or fees. The payment methods and the required deposit or prepayment should also be included.
- Cancellation and Change Policy: The contract contains information about the hotel's cancellation and change policy, including any penalties or charges that may apply when canceling or changing the reservation.
- Responsibilities of the guest and the hotel: The contract outlines the responsibilities of both the guest and the hotel. This may include matters such as adhering to the hotel's house rules, respecting other guests, maintaining the room in good condition and reporting any damage or loss.
- Liability: The contract may include provisions regarding the hotel's liability for loss, theft or damage to the guest's property, as well as the guest's liability for damage to the hotel's property.
Hotels generally have a duty of care towards their guests. They must take reasonable steps to ensure the safety of their guests. This includes providing a safe environment, maintaining the facilities and taking appropriate security measures. Guests also have a certain amount of responsibility to take reasonable precautions and follow the rules and regulations of the hotel.
It is important to note that the specific legal aspects of staying in a hotel may vary by country and jurisdiction.
It is advisable to read the hotel's general terms and conditions carefully before agreeing to the booking and to ask any questions to the hotel staff if anything is unclear. In the event of any disputes, the parties can fall back on the provisions in the accommodation contract and possibly take legal action if the agreements are not met.
About the authors
Didi Wildeman
