Chapter 1 - Clauses and Legal System

Chapter 1 - Clauses and Legal System
Chapter 1 - Clauses and Legal System
Majority of contractual business relationships depend on statements, expectation, and
omissions, which the parties to the agreement may interpret differently. In many instances, the
contracting parties oblige themselves to some of the clauses while ignoring others. Consequently,
parties to an agreement usually develop a written contract to avoid unnecessary uncertainty and
blame on the roles of each member regarding the transaction. Having a written document allows
both parties to have a literal understanding of the contents of their contract without relying on
oral issues not defined in the agreement. However, the civil and common law at times allows the
contracting parties to include some terms not covered in the written contract and interpret them
beyond their literal meanings. Signing a contract implies that the parties have reached a mutual
understanding of its contents above the informal interpretations and oral agreements regarding its
The first clause begins with an overview of the parties involved in the contract, and to
which the terms and conditions apply. The provision set out phrases that the hotel would use to
define rooms sold out to the tour company. The touring agency will have the right to use any
room they book for the whole night although this varies subject to the number of rooms the book
at Doha's Fairy Land Hotel Lusail. Clause I also set out terms of payment (Qatari Riyals) that
Ment-Tour Travels and the 4-star hotel Doha would use in settling out its bills with the hotel.
Similarly, this part insists that every party in the contract must have a written agreement; this
implies that no party will honor or consider as valid any other forms of contracts.
The clause implies that the hotel shall provide similar or standard rooms to the tour
operator, especially when the hotel offers group reservations. Group reservation in this context
refers to a situation in which the hotel will have to preserve several rooms in advance for the
tourist operator firm.
The third clause sets out the terms and conditions for the accommodation cost and how the
tour operator will pay for the same. The tour operator or visitors booked on its behalf will have to
make an initial payment to the hotel six days before they check in at the hotel and clear the
difference during their arrival or check out. In case the tour operator does not clear the balance
during visitors check in, then the visitors will have to leave their Master Card, Visa, NAPS, and
American Express with the hotel reservation supervisor to hold on the remaining amount. Notably,
the contract only covers guests, employees, and families of the employees of the tour operator
Ment-Tour travels. Consequently, any room used by a person who does not belong to these groups
shall be charged by the hotel at public rates when and if the person is brought in by the tour operator
Ment-Tour travels. The clause also sets out conditions for free beds in which children under six
years should receive free beds for free as adults pay an extra 50 QAR per night.
The third clause also explains that customers who pay for rooms should receive free
breakfast. However, extra people who do not form part of the tour operator visitors, employees,
and their families will pay an additional half of the (public) price when they join in at breakfast.
The hotel shall offer free breakfast to children aged six years and below. The contract allows the
hotel to demand half of the agreed amount of full payment from the tourist company under
exceptional circumstances such as default or non-payment.
The fourth clause covers some limitations under this agreement. The section states that the
tour operator can only raise complaints against the hotel within one year with effect from the time
the date when knowledge of the act first arises. However, the tourist operator firm can make claims
on matters touching on infringements of the body, health, life, and liberty, excluding any Acts of
God after one year in case they were not aware of them.
The fifth clause deals with rights and obligations of the tour operator. Ment-Tour travels
have the right to inform its guest of the services offered at the hotel and their respective cost. It
should also notify the hotel in case of reservation booking and the number of such visitors within
15 days before they check in at the hotel. Similarly, the tour operator should make all payments as
demanded by the hotel and provided for under this contract. Ment-Tour travels should also educate
the visitors about Qatari laws and culture so that they do not find themselves on the wrong side of
the law. On the other hand, Ment-Tour Travels should not take responsibility for incidental charges
incurred by any guest and these will appear on the guests' invoice.
The sixth clause of the agreement covers rights and obligations of the hotel. The section
provides that the hotel should attempt to convince the tourist operator customers to become its
clients. The hotel also does not have right to increase the cost of services offered or change such
services within the contract period. By signing the contract, the hotel expresses interest in
providing services for the entire period unless the tourist operator engages in activities that cause
the hotel to be in breach of its obligations and responsibilities. The tour operator should stick to
the provisions of this contract and should not demand any extra rooms.
The seventh clause state that the hotel allows Ment-Tour travels to cancel any group
bookings for free provided they do so 48 hours before the check-in time. However, any
cancellation done after this time shall attract the first nights full boarding fee.
The eighth clause states that Ment-Tour travels should take responsibility for its guests by
accompanying them and providing relevant answers to their queries. Therefore, the tourist operator
remains liable for any damage that may occur to the guests because they failed to offer relevant
information. By contrast, the ninth clause provides that the guests should not hold the hotel liable
for loss or damage to their property while in their rooms.
The termination terms and conditions feature in the tenth clause. It allows any of the parties
to terminate the contract provided it does so in writing with a 60 days' notice. The terms of this
contract acknowledge either of the parties to terminate it if the partner breaches one or more
clauses. To this end, the affected partner can decide to violate the whole contract or the breached
provisions only. Following the termination of the agreement, Ment-Tour shall not use the rooms
again; however, the hotel shall allow the visitors to stay until their checkout date. The cancellation
also implies revoking all bookings in process.
The Civil Code Law No. (22) of 2004 guides the creation of contracts and agreements in
Qatari. The code allows the contracting parties to create their unique agreement and mutually
consent to it; this implies that both parties must arrive at a consensus regarding the provisions of
the contract before it becomes mutually binding. Contrary to the case under study, Civil Code
Article (65) of the Qatari constitution allow the contracting partners to agree even if they do not
have officially written documents. The article recognizes the use of symbols and oral agreements
as official contracts provided both parties consent to the same.
The discussions in this study suggest that laws of contract determine the way the parties
involved in the agreement interpret its contents. The agreement between the tour operator and the
hotel indicate that the parties can set their specific terms and conditions on how to operate their
business provided they do not contravene the constitutional provisions. Markedly, a contract only
exists when the partners reach a consensus and develop mutual consent regarding its content,
rights, and obligations of each member, and termination procedures. The paper's findings indicate
that the 2004 Civil Code Law No. (22) of Qatari guides the creation and interpretation of contracts
in that country.

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