kodeks postepowania praktycznego.pdf

INTERNATIONAL

HOTEL & RESTAURANT

ASSOCIATION

CODE OF PRACTICE

On the relations between

HOTELIERS AND TRAVEL AGENTS

drawn up by the

INTERNATIONAL HOTEL & RESTAURANT ASSOCIATION

(IH&RA)

and the

UNIVERSAL FEDERATION OF TRAVEL AGENTS'

ASSOCIATIONS

(UFTAA)

14 September 1999

DOC.SG-99.300

Code Of Practice

INTERNATIONAL

HOTEL & RESTAURANT

ASSOCIATION

CONTENTS

Art- 1. Signatories

Art- 2.

Obligations of the Signatories

Art- 3.

Exclusively International Nature of the Code of Practice.

Art- 4.

National Level

Art- 5.

Auxiliary and complementary role of the Code Of Practice

Art- 6.

Scope of the Code Of Pratice

Art- 7.

Definition of the Hotel Contract

Art- 8.

Reservation

Art- 9.

Confirmation

Art- 10. Reservation Document

Art- 11. Rates

Art- 12. Advance Payment

Art- 13. Payment due to the hotelier

Art- 14. Clear Understanding of the Commission Policy

Art- 15. Definitions of Groups and Individuals

Art- 16. Cancellations – General Terms

Art- 17. Cancellation of Groups

Art- 18. Cancellations for Individuals

Art- 19. Guaranteed and Non-Guaranteed Reservations - No-Shows

Art- 20. Premature Departure

Art- 21. Information Provided to the Hotel

Art- 22. Information to the Travel Agent and Client

Art- 23. Quality of Services Provided

Art- 24. Disposal of Rooms

Art- 25. Obligations to The Client

Art- 26. Force Majeure.

Art- 27. Notification of "Force Majeure"

Art- 28. Refraining from Multiple Bookings

Art- 29. Amicable Settlement of Dispute

Art- 30. Settlement of Disputes

Art- 31. Interpretation of the Code of Practice

Art- 32. Text of Reference

Art- 33. Enforcement Date of the Code Of Practice

Annex 1 : Definitions 9

Annex 2 : Individual client & group cancellations chart 10

Annex 3 : Explanatory chart for cancellation policy for group (article 17.) 11

Annex 4 : Check-list for contract concerning individual clients and groups 12

Annex 5 : IH&RA/UFTAA arbitration rules

Annex 7 : Group contract

14 September 1999

DOC.SG-99.300

Code Of Practice

INTRODUCTION

Annex 6 : Individual client contract

INTERNATIONAL

HOTEL & RESTAURANT

ASSOCIATION

INTRODUCTION

This text replaces the IHA/UFTAA Code of Practice on Hoteliers/Travel Agents relations

signed on July 3 rd , 1991 which replaced the 1979 IHA/UFTAA Convention and codified the

same basic principles which, for many years, have governed relations between hoteliers and

travel agents.

Many existing national conventions and agreements reflect the provisions of the former

IHA/UFTAA Convention and the above-mentioned Code of Practice.

Several States have incorporated these essential provisions into their national legislation.

Accordingly, it is probable that the consistency of law and practice will avoid any serious risk

of a divergence of commercial practice and contractual arrangements that would leave

hoteliers and travel agents in a state of uncertainty as to their rights and obligations.

In so far as the terms of the former Convention and Code of Practice stated what is still

customary practice, courts and tribunals can be expected to apply the same principles in

absence of any contract, or when no conflicting contract has been signed by the parties.

In the absence of a contract and when non-contractual terms are under dispute, the Code of

Practice seeks to provide useful guidance to hoteliers and travel agents with a view to

promoting harmonious relations and avoiding possible misunderstandings or disputes. It

includes, general principles to which are annexed :

a list of definitions,

a check-list for individual client and group contracts

arbitration rules.

an individual and group cancellation chart

an explanatory chart for cancellation policy for groups.

14 September 1999

DOC.SG-99.300

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INTERNATIONAL

HOTEL & RESTAURANT

ASSOCIATION

Art. 1. Signatories

The signatories are :

Art. 5. Auxiliary and complementary role of the

Code Of Practice

the International Hotel & Restaurant

Association, headquartered at 251, rue du

Faubourg St Martin, 75010, PARIS (France),

hereafter referred to as "IH&RA",

a) The Code of Practice shall apply whenever

no contract has been concluded between the

hotelier and the travel agent.

b) It shall also apply in order to complement

contracts in respect of any provision not

included therein.

The UNIVERSAL FEDERATION OF TRAVEL

AGENTS' ASSOCIATIONS, having its

registered office at : 163, rue Saint-Honoré,

75001 PARIS (France) and its General

Secretariat at : 1, avenue des Castelans,

Stade Louis II - Entrée H. 98000 MONACO

(Principality of Monaco), hereafter referred to

as "UFTAA".

c) This Code of Practice is intended by its

signatories to serve as a directive for the

solution of disputes between hoteliers and

travel agents, whether amicably, judicially or

in arbitration.

Art. 2. Obligations of the Signatories

Art. 6. Scope of the Code Of Pratice

The signatories undertake :

The Code of Practice is intended to govern

contracts known as "hotel contracts" between

travel agents and hoteliers.

to intercede with the relevant national

associations to ensure that the clauses of this

Code of Practice are complied with at an

international level.

If any article of the Code of Practice conflicts

with national law (for example : "anti-trust"

law) or international law, the signatories

acknowledge that such articles would not

apply.

to recommend that their respective members

and affiliates give preference, when

concluding hotel contracts, to the members

and affiliates of the other signatory body.

Art. 7. Definition of the Hotel Contract

Art. 3. Exclusively International Nature of the

Code of Practice.

The "hotel contract" is a contract by which a

hotelier agrees with a travel agent to provide

hotel services, at a specified price, to a

traveller or a group of travellers who are

client(s) of the travel agent (see annex n°4 –

“Check-list”).

The Code of Practice shall apply to relations of

an international nature between a hotelier and

a travel agent whose establishments are

situated in different countries.

Art. 4. National Level

The signatories recommend that associations

use the same principles, given in this Code of

Practice, as a basis when concluding

conventions/codes at a national level.

14 September 1999

DOC.SG-99.300

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INTERNATIONAL

HOTEL & RESTAURANT

ASSOCIATION

Art. 8. Reservation

c) Vouchers covering an extension of hotel

services are subject to prior written

agreement between the hotelier and the

travel agent regarding the services to be

provided and/or the maximum credit amount

permitted.

a) Hotel contracts shall be initiated by a

reservation request from the travel agent to

the hotelier.

b) Verbal reservation requests shall be

confirmed immediately in writing (letter,

telegram, telex, fax, e-mail ... etc) to the

hotelier.

Art. 11. Rates

The hotelier shall abide by the agreed

contractual rates in the currency of the

country where the hotel is located or any

other currency stated in the contract.

However, long-term contracts may contain a

clause concerning adjustment of the rates.

c) Reservation requests shall specify the services

to be supplied.

Art. 9. Confirmation

a) Upon receipt of the reservation request from

the travel agent, the hotelier shall confirm the

reservation in writing, stipulating in particular

the price of the services ordered, by letter,

telegram, telex, fax, e-mail ... and/or by the

issuance of a reservation number explicitly

referring to the request.

The hotelier shall refrain from accepting

reservations which he cannot honour.

Art. 12. Advance Payment

The hotelier may request either total or partial

pre-payment.

b) Upon receipt of the hotelier's confirmation or

within a time-limit fixed by the latter, the travel

agent must notify, in writing, his/her

acceptance of the hotelier’s conditions.

a) The hotelier may require a reservation fee or

"advance payment" (earnest money or

guarantee deposit) as a condition of his/her

acceptance of the order. If the hotelier

considers "advance payment" as "earnest

money" (see annexed definition) it should be

specifically stipulated. The reservation fee will

be deducted from the final invoice but will not

be reimbursed in case of late cancellation.

b) Any such advance payment may be treated

as a "guarantee deposit", except when a

cancellation is made in accordance with the

hotelier's written cancellation policy or

customary trade practices.

Whenever the hotelier requests an advance

payment, the hotel contract shall be

concluded only on payment of this amount or

when proof of payment has been produced.

Art. 10. Reservation Document

a) Acceptance of the voucher :

If so agreed between the hotelier and the

travel agent, the hotelier must accept a

voucher.

The travel agent acknowledges that the

voucher issued to his/her client - for the

hotelier - is a guarantee of payment, unless

clearly specified otherwise.

c) The hotelier shall acknowledge receipt of the

advance payment no later than seventy-two

(72) hours thereafter.

b) Services to be specified on the voucher

should include – at least : dates of arrival and

departure, hotel services to be provided and

possibly the means of transport.

14 September 1999

DOC.SG-99.300

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