Hotel Contract Negotiations Diane C. Barnette, CMP Director of Conference Planning National Council...
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Transcript of Hotel Contract Negotiations Diane C. Barnette, CMP Director of Conference Planning National Council...
Hotel Contract Hotel Contract NegotiationsNegotiations
Diane C. Barnette, CMP
Director of Conference Planning
National Council of Juvenile and Family Court Judges
Meeting Specifications
A good hotel contract starts with an accurate reflection of your meeting needs that shows the hotel the . . .
“Value of your program”
Meeting Specifications
Group name, title, preferred and alternate dates for program
Sleeping rooms required
Meeting space required
Food and beverage required
Group history
Ideally includes what you want to achieve in the hotel contract
Meeting Specifications
Include all Properties to:
Create the competition
Get your name out
Compare the Obvious
Hotel room rates
Meeting room rental charges
Food and beverage costs
Compare the Obvious
Complimentary rooms policy
Anything else that is an added benefit to your group for booking the property
Move Forward to a Formal Contract
5 Elements Needed
1. An offer with definite terms
2. Acceptance of the terms
3. Requirement of consideration
5 Elements Needed
4. Competent parties authorized to enter into the agreement
5. Statute of frauds (two types of contracts apply to this industry)
• Contract whose terms cannot be performed within one year’s time
• Sale of goods exceeding $500
Legal Implications of 9-11
Impossibility
Impracticability
Frustration of Purpose
Legal Principles
Performance is impossiblePurpose has been frustratedPerformance is much more
burdensome than expected (impracticable)
Applies only when parties did not allocate the risk
Impossibility of Performance
Destruction, deterioration or unavailability of the subject matter or tangible means of performance
Failure of the agreed upon means of performance or contemplated mode of delivery or payment
Impossibility of Performance
Supervening illegality
Failure of intangible means of performance
Death or illness
Impracticability of Performance Three Part Test
Was there an unexpected contingency?
Did the event make the performance impossible or impracticable?
Upon whom should the risk of unexpected blame be placed?
Frustration of Purpose The object must be frustrated by a
supervening event The other party must have contracted
and the attainment of the object was a basic assumption
There must be near total frustration The party seeking to use the defense
must not have contributed to the frustration
Force Majeure Clause
The intent of the parties must be very clear
Consider making the Force Majeure clause broader in scope
So Now What Do We Do With this Contract?
Addendum
Label the Addendum as Attachment 1
Cross reference any deleted paragraphs in the contract to Attachment 1 and the paragraph number
Cover Letter to Hotel
The organization is accepting your
proposal as amended
Request hotel to initial all changes
Request hotel to initial the bottom
of each page
Request hotel to counter sign
contract and Addendum
Thank YouThank You
Diane C. Barnette