Hotel Payment Agreement
Hotel Payment Agreement
This Hotel Payment Agreement ("Agreement") is made and entered into this [Date] day of [Month], [Year], by and between [Your Company Name], located at [Your Company Address] ("Hotel"), and [Client's Name], residing at [Client's Address] ("Client"). Hotel and Client may hereinafter collectively be referred to as the "Parties" or individually as a "Party."
Recitals
WHEREAS, the Hotel is in the business of providing hospitality services including, but not limited to, accommodation, food and beverage, event hosting, and other ancillary services;
WHEREAS, the Client desires to obtain certain hospitality services from the Hotel;
WHEREAS, the Hotel agrees to provide the requested services to the Client, and the Client agrees to make payments to the Hotel as per the terms set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties hereby agree as follows:
1. Purpose
The purpose of this Agreement is to outline the terms and conditions under which the Client will make payments to the Hotel for hospitality services provided.
2. Services Provided
2.1 Scope of Services
The Hotel agrees to provide the following services ("Services") to the Client:
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Accommodation
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Food and Beverage
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Event Hosting
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Other ancillary services as agreed upon in writing
2.2 Service Specifications
The specific details of the services provided, including the type of accommodation, menu options for food and beverage, event specifications, and any additional services, shall be outlined in an attached Service Specification Document, which is incorporated herein by reference.
3. Payment Terms
3.1 Payment Amount
The Client agrees to pay the Hotel the total amount of [Total Amount], which includes all applicable taxes and fees.
3.2 Payment Due Date
Payment in full is due by [Payment Date]. Any delay in payment will incur a late fee as outlined in Section 3.5 of this Agreement.
3.3 Method of Payment
Payments shall be made via [Payment Method, e.g., credit card, bank transfer, etc.] to the following account:
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Bank Name: [Bank Name]
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Account Number: [Account Number]
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Routing Number: [Routing Number]
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SWIFT Code: [SWIFT Code] (if applicable)
3.4 Payment Schedule
Payments shall be made according to the following schedule:
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An initial deposit of [Deposit Amount] on or before [Deposit Due Date].
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The remaining balance by [Final Payment Due Date].
3.5 Late Fees
If the Client fails to make the payment by the due date, a late fee of [Late Fee Percentage]% of the total unpaid amount shall be added for each week the payment remains overdue.
3.6 Additional Charges
Any additional charges incurred during the Client's stay or use of services, such as room service, mini-bar, or extended stay, will be billed separately and are due upon checkout.
4. Cancellation Policy
4.1 Notice of Cancellation
The Client may cancel this Agreement by providing written notice to the Hotel at least [Cancellation Notice Period] days before the scheduled service date.
4.2 Cancellation Fees
Cancellations made with less notice may incur a cancellation fee of [Cancellation Fee Amount]. The specific amount of the cancellation fee will be outlined in the Service Specification Document.
4.3 Force Majeure
In the event of a force majeure, such as natural disasters, pandemics, or other events beyond the control of either Party, the cancellation policy may be adjusted, and both Parties will negotiate in good faith to resolve any issues.
5. Refund Policy
5.1 Processing Refunds
Refunds will be processed within [Refund Processing Time] days from the cancellation date. Any refunded amount will be subject to deductions as per Section 4.
5.2 Non-Refundable Deposits
Certain deposits may be non-refundable, as specified in the Service Specification Document. These terms will be communicated to the Client at the time of booking.
6. Term
This Agreement will commence on [Start Date] and will terminate upon full payment and completion of services unless extended or terminated earlier per the terms of this Agreement.
7. Confidentiality
7.1 Confidential Information
The Parties agree to maintain the confidentiality of this Agreement and not disclose any information to third parties without the prior written consent of the other Party, except as required by law.
7.2 Use of Information
Confidential information disclosed under this Agreement shall be used solely for the purposes of fulfilling the terms of this Agreement.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising under this Agreement shall be resolved in the courts of [Jurisdiction].
9. Amendments
Any amendments to this Agreement must be in writing and signed by both Parties. Verbal modifications are not valid or enforceable.
10. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, whether written or oral, relating to its subject matter.
11. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms.
12. Dispute Resolution
12.1 Negotiation
In the event of a dispute arising out of or in connection with this Agreement, the Parties agree to first attempt to resolve the dispute through good-faith negotiations.
12.2 Mediation
If the Parties are unable to resolve the dispute through negotiation, they agree to participate in mediation before pursuing any other legal remedies. The mediator shall be chosen by mutual agreement of the Parties.
12.3 Arbitration
If mediation fails, any unresolved disputes shall be settled by binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final and binding on both Parties.
13. Notices
Any notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person, sent by email with confirmation of receipt, or sent via certified mail, return receipt requested, addressed as follows:
To the Hotel:
[Your Company Name]
[Your Company Address]
[City, State, ZIP Code]
[Your Company Email]
To the Client:
[Client's Name]
[Client's Address]
[City, State, ZIP Code]
[Client's Email]
14. Insurance
The Hotel agrees to maintain adequate insurance coverage for its property and operations, including liability insurance to cover any claims arising from the provision of services under this Agreement. The Client is responsible for obtaining any personal or event-specific insurance coverage they deem necessary.
15. Force Majeure
Neither Party shall be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to events beyond the reasonable control of the affected Party, including but not limited to acts of God, war, strikes, pandemics, or government orders.
16. Indemnification
16.1 Indemnification by Hotel
The Hotel agrees to indemnify, defend, and hold harmless the Client from and against any and all claims, liabilities, damages, and expenses (including reasonable attorney's fees) arising out of or in connection with the Hotel's performance of its obligations under this Agreement, except to the extent caused by the gross negligence or willful misconduct of the Client.
16.2 Indemnification by Client
The Client agrees to indemnify, defend, and hold harmless the Hotel from and against any and all claims, liabilities, damages, and expenses (including reasonable attorney's fees) arising out of or in connection with the Client's use of the Hotel's services or facilities, except to the extent caused by the gross negligence or willful misconduct of the Hotel.
17. Waiver
The waiver by either Party of any breach of this Agreement shall not operate or be construed as a waiver of any subsequent breach. No waiver shall be valid unless in writing and signed by the Party granting the waiver.
18. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed valid and binding.
19. Miscellaneous
19.1 Headings
The headings in this Agreement are for convenience only and shall not affect its interpretation.
19.2 No Assignment
The Client may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Hotel.
19.3 Relationship of Parties
Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the Parties. Each Party is an independent contractor and not an agent of the other Party.
19.4 Survival
The provisions of this Agreement that by their nature should survive termination or expiration, including but not limited to confidentiality, indemnification, and governing law, shall survive any termination or expiration of this Agreement.
20. Signatures
IN WITNESS WHEREOF, the Parties hereto have executed this Hotel Payment Agreement as of the day and year first above written.
[Your Company Name]
By:
Name: [Authorizing Person's Name]
Title: [Title]
[Client's Name]
By:
Name: [Client's Name]
Title: [Title, if applicable]
