Chapter 1 - Clauses And Legal System

Running head: CHAPTER 1 - CLAUSES AND LEGAL SYSTEM 1

Chapter 1 - Clauses and Legal System

Name

Institution

CHAPTER 1 - CLAUSES AND LEGAL SYSTEM 2

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

contents.

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

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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

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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

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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

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that the 2004 Civil Code Law No. (22) of Qatari guides the creation and interpretation of contracts

in that country.

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