Module 4 1. Booking contracts
1.1 The ways in which a booking contract may come into being A booking contract between a guest and a hotel may come into being in a number of ways. All bookings are handled by the receptionist of the hotel or (in larger hotels) the reservations department of the hotel.
Telephone Prospective guests can telephone the hotel to make a booking. A booking contract may be formed by a telephone conversation between the prospective guest and the hotel. Only where the words are sufficient to amount to an offer by one party to the other and an acceptance by that other party of the terms of the offer, will a contract be brought about. It is normal practice for hotels to require confirmation from a prospective guest.
E-mail Te guest’s e-mail requesting accommodation amounts to an offer to contract; the hotel’s written acknowledgement is the acceptance there of. Where bookings occur by an exchange of e-mails, the initial inquiry by the guest does not amount to an offer to contract, nor necessarily does the hotel’s reply to the guest stating the tariff and room availability. It is aſterwards when the prospective guest writes to the hotel that he or she requires a room between certain dates that an offer is made. Te hotel’s response in writing confirming the booking is an acceptance of the guest’s offer to contract. Te contract is then completely formed.
Walk-in guests Bookings may also be made as a result of a chance call at reception of the hotel by a person seeking a room. In this situation the traveller’s request for a room is merely pre- contractual; the receptionist by telling the traveller that a room is available at a given rate for one or more nights is making an offer to the traveller. Te traveller may thereaſter accept the terms of the offer, or reject them and seek accommodation elsewhere.
1.2 The points to which the express terms normally contained in a contract of booking will relate
Te terms of a contract are normally express (stated by the parties to be a part of it). Te express terms contained in a booking contract are likely to relate to the following points: • payment and confirmation of booking • cancellation by either client or hotel
• alteration to the terms of the contract by the hotel • liability of the hotel for guest’s property
• liability of the hotel for unforeseen occurrences.
Terms may not be added to a contract once it has been made. Te terms of a contract are settled either before or at the time of making the contract.
116 FutureManagers
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