Traditional Culture Encyclopedia - Hotel accommodation - What is the contract for booking a hotel?
What is the contract for booking a hotel?
Not all contracts are famous contracts.
According to different standards, contracts can be divided into many kinds.
For example, see if there is a written contract, whether it is a written contract or an oral agreement.
If you don't pay, in fact, this can also be said to be an invitation, not a separate contract. If you have money, it can be said to be an accommodation service contract. Moreover, as long as there is no advance payment for booking a hotel, both parties have no contractual constraints.
Second, what are the forms of contract conclusion?
The form of a contract refers to the external manifestation of the parties to the contract reaching an agreement. China's civil code stipulates that the parties may conclude a contract orally, in writing or in other forms.
The oral form of a contract refers to the form of a contract in which the parties only express their intention to conclude a contract in oral language, rather than expressing the contents of the agreement in words. The advantage of oral form is convenience and quickness, but the disadvantage is that it is difficult to obtain evidence and distinguish responsibility when a contract dispute occurs. The oral form is applicable to the contractual relationship that can be settled immediately.
Written form means that the parties conclude a contract by telegraph, telex, e-mail and other data messages that can tangibly express the contents contained. Written form is conducive to transaction security, and important contracts should be in written form.
Written forms can be divided into the following types: (1) Both parties reach a written agreement on the main terms of the contract through consultation according to law, which shall be signed and sealed by the legal representatives of both parties or their authorized persons. (2) Standard contract. (2) Letters, telegrams and telexes exchanged by both parties are also part of the contract.
Third, how to determine the location of the contract?
It is the basic principle that the contract is established when the acceptance takes effect, and the place where the acceptance takes effect is the place where the contract is established. However, if the law stipulates or the parties agree to conclude a contract in a specific form, the place of completion of the specific form is the place where the contract is established. If the parties require a written form such as a confirmation letter or a contract before the contract is established, the contract shall be established when the confirmation letter is signed and takes effect, and the place where the contract is established is the place where the contract is established. A contract is established when it is signed or sealed, and the place where it is signed or sealed is the place where the contract is established. Where notarization is required before the contract is established as stipulated by laws and administrative regulations or agreed by the parties, the place of notarization shall be the place where the contract is established.
Where a contract is concluded in the form of a data message, the recipient's principal place of business is the place where the contract is established; If there is no main place of business, its habitual residence is the place where the contract is established. Unless otherwise agreed by the parties, such agreement shall prevail.
Where the parties conclude a contract in the form of a contract, the place where the parties sign or seal is the place where the contract is established. A non-mandatory contract generally takes the place where the acceptance takes effect as the place where the contract is established. For an essential contract, the place where the essential contract is reached is the place where the contract is established. Where both parties agree to conclude a contract in the form of a contract before the contract is established, the place where the contract is established shall be the place where the contract is signed or sealed. Where the parties reach a contract by offer and acceptance, and then sign the contract through negotiation, unless otherwise agreed by the parties, the contract has been established when the acceptance takes effect, and the place where the acceptance takes effect is the place where the contract is concluded.
I believe that after reading the above introduction, you should know more or less that the contract for booking a hotel needs to be judged according to the specific terms of the contract, because the contract of each hotel is different. If there is no advance payment for booking a hotel, both parties are not bound by the contract. The above is about what kind of contract to book a hotel, I hope I can help you.
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