Hotel Accommodation Agreements: Rights and Legal Framework

Posted on Jan 20, 2025 in Law

Principal Obligations in Accommodation Agreements

Accommodation Agreement: The primary obligation is to make a room available for the client’s use and ensure its peaceful use. This is essentially a lodging and housing agreement.

Booking Agreement: This guarantees a room for the client. The client should receive a clear confirmation of their booking.

Parties Involved

  • Hotel Manager
  • Guest

Obligations of the Hotel Manager

  • Provide Accommodation: In principle, this should be without discrimination. However, in reality, access can be refused under certain circumstances.
  • Offer a Room Corresponding to Guest Requirements: The room should match the characteristics requested by the guest.
  • Peaceful Use of the Room: Ensure there are no malfunctions.
  • Grant Services Requested: Provide access to all shared facilities without discrimination.
  • Ensure Health, Safety, and Security.
  • Give a Detailed Invoice.
  • Custody of Belongings: Take responsibility for all belongings deposited in the hotel.
  • Clear and Unambiguous Advertisement and Communication.

Contract Law

Contract law is based on the principle of private autonomy, which includes the freedom to enter into a contract, choose clauses, and define objectives.

  • Individually Negotiated Contracts: Basic terms are negotiated.
  • Non-Individually Negotiated Contracts: Standard terms are offered on a “take it or leave it” basis.

Elements of a Contract

Parties must have the capacity to contract. The elements of a contract are:

  • Consideration: There must be an intention to form a binding relationship. This is not valid in cases of scams or fake contracts.
  • Consent: This can be written, through acceptance by silence, or inferred from certain actions.
  • Scope: The contract must not be contrary to public law. It must be possible, determinable, and licit.

Damages can be claimed by either party in case of a breach.

Entrepreneurs and Enterprises

Requirements to be an Entrepreneur

  • Have legal capacity.
  • Have the capacity to exercise rights.
  • Operate on an ongoing basis.

Loss of Entrepreneur Status

This can occur in cases of:

  • Business transfer
  • Criminal sanction
  • Death

Size Criteria (for Spain)

Distinction between small-medium companies versus large/multinational corporations.

Ownership of the Organization

  • State-owned
  • Hybrid: Owned by individuals and the State.
  • Private/Commercial Companies: Owned by individuals.
  • Self-managed Enterprises or Cooperatives: Owned by workers.

Business Forms in Spain

Autónomo (Sole Proprietor)

  • Advantages: No need for a partner, no registration required, no minimum capital, easy setup.
  • Disadvantages: Unlimited liability, high taxes.

S.A. (Public Limited Company)

  • Advantages: Can be formed by one person, limited liability, shares can be freely sold.
  • Disadvantages: Rigid structure, requires capital, difficult to make non-monetary contributions.

S.L. (Limited Liability Company)

  • Advantages: No need for partners, limited liability, tax deductions.
  • Disadvantages: Complex administration procedures.

Consumer Protection

Tourists are protected by consumer protection laws. Business travelers do not have the same level of protection as tourists, although they do benefit from regulations regarding overbooking and delayed flights, as these can lead to income loss.

Consumer Protection Bodies

  • State
  • Comunidad Autónoma (Autonomous Community): Varies in each region regarding legal aid, compensation, and complaint handling.
  • Europe: Provides basic rights, including protection against health and safety risks, and indemnities.

Consumer Rights

  • Consumers can complain through claim forms, public administration, and consumer associations.
  • Right to accurate information.
  • Protection against unfair commercial practices or abusive clauses.

Obligations and Contracts

The creditor has the power to require another person (the debtor) to carry out or refrain from carrying out an act.

Intuitu Personae Obligation: This applies when someone’s specific skills or knowledge are required.

Result-Based Obligation: The debtor undertakes to achieve a result as agreed upon by the parties. Failure to achieve this result constitutes a breach of the obligation.

Means-Based Obligation: The debtor complies with the obligation by making all reasonable efforts, even if the expected result is not achieved.

Breach of Obligations

  • From the Creditor’s Viewpoint: Dissatisfaction of their interest.
  • From the Debtor’s Position: Failure to comply with the duty.

In case of a breach, the creditor is entitled to compensation for damages incurred:

  • Indemnization: Pecuniary compensation (money).
  • Replacement of the Obligation’s Performance.
  • Late Performance of the Obligation.
  • Defective Performance: Carrying out an activity aimed at complying with the obligation but failing to fulfill it on the agreed terms.

Conditional Obligations: The performance of obligations may be subject to the occurrence or non-occurrence of an uncertain event.