אמנת קטמנדו היא הסכם בינלאומי שנחתם בנובמבר 1981 בנפאל עבור מלונות, לקביעת קוד אירוח.
INTERNATIONAL HOTEL REGULATIONSTEXT ADOPTED BY THE IHA COUNCIL 2 NOVEMBER 1981- KATHMANDU N E P A L
The international hotel industry published its first hotel regulations 60 years ago. Since then these regulations have been revised several times. Because, however, of the expansion of international tourism in the last 20 years, a new formulation is essential.
The international hotel regulations aim to codify the generally accepted international trade practices governing the contract of hotel accommodation. They inform the guest and the hotelkeeper of their manual rights and obligations.The regulations are designed to serve as a complement to the provisions stipulated by the national law to the terms pf the contract; They apply when such a law does not include specific provisions concerning the contract of hotel accommodation.
(||) CONTRACTING PARTIES
A person staying in a hotel may not necessarily be a contracting party; the contract of hotel accommodation may have been concluded on his behalf by a third part. In these regulations the term customer means the individual or legal person having concluded a hotel reservation contract who is responsible for payment. The term guest means the individual who is intending to stay or is staying at the hotel.
The international hotel regulations govern relations between the hotelkeeper and any customer or guest except for travel agents to whom the detailed regulations of the Iha/Uftaa international hotel convention apply, if the national law- permits it.
First Part: CONTRACTUAL RELATIONSHIPArticle 1: Contract of AccommodationUnder the contract of accommodation, the hotelkeeper is obliged to provide accommodation and additional services for the guest. The service shall be deemed to be the normal services of the hotel, according to the hotel category, including the use of such rooms and such facilities as are normally provided for the general benefit of guest. The customer is liable to pay the price agreed.The terms of the contract are governed by the category of the hotel, the national law or hotel regulations ,if any), the international hotel regulations and the house rules which must be shown to the guest.
Article 2: Form of ContractThe contract is not subject to any prescription as to form.It is concluded when one party accepts the offer of the other party.
Article 3: Duration of Contract The contract can be agreed for a definite or an indefinite period. Where a contract is made for an approximate period, the shortest duration will be taken as the agreed period. The contract of accommodation ends at midday on the day after the arrival of the guest, unless a contract for more then one day has been requested and accepted.Any contract for an indefinite period shall be considered as being for one day. In such case, notice expiring at midday on the following day may be given by either party to terminate the contract.Notice given to the guest by the hotel shall be regarded as having been given to the customer.
Article 4: Performance of the ContractThe hotelkeeper and the customer are obliged to respect the terms of the contract.
Article 5: Non performance of the ContractIn the event the contract is not, or not completely performed, the defaulting party must fully compensate the other party for his loss. The injured party is under the obligation to take all reasonable steps to mitigate the loss.If he cannot perform the contract, the hotelkeeper should endeavor to find alternative accommodation of an equivalent or superior standard in the same locality. Any additional cost deriving thereform must be the hotelkeeper. In case of default the hotelkeeper shall be liable to pay compensation.
Article 6: Termination of the ContractExcept where the national law or trade practice provides otherwise, no contract can be terminated before its complete performance unless both contracting parties mutually agree.
Article 7: PaymentThe hotel can ask full or partial pre-payment.If the hotel receives from the customer a sum of money in advance it shall be considered to be an advance payment towards the price of the accommodation and additional services to be provided. The hotel shall return money paid in advance to the extent that it exceeds the amount due, unless it has been stated to be a non-refundable deposit.Bills are due on presentation.Unless stated otherwise there is no obligation on the hotel to accept cheques, coupons or credit cards or other means of non cash payment.Payment should be made in the appropriate national currency unless the hotel otherwise requests.Article 8: Breach of ContractAny serious or persistent breach of the contractual obligations will entitle the injured party to terminate the contract immediately without notice.
Second Part: OTHER OBLIGATIONSArticle 1: Liability of the hotelkeeperThe liability of the hotelkeeper depends on the national law.In the absence of any provisions of the national law, the provisions of the European convention of the 17 December 1962 should apply. The liability for property belonging to the guest is usually limited except when the hotelkeeper or his employees are at fault. The liability of the hotel to accept valuables in deposit shall depend on the size and standing of the hotel.Liability for valuables can be limited reasonably if the guest has been informed in time.The hotelkeeper is not liable or their contents.
Article 2: Liability of the guest/customerThe guest and the customer are liable to the hotelkeeper for any damage caused to persons, building, furnishing or equipment, if the fault is attributable to them.
Article 3: Retention of guest's propertyThe hotel shall, as guarantee for payment of any amounts due to him, have the right to retain and ultimately to dispose of any property of commercial value brought to the premises of the hotel by a guest.
Article 4: Behavior of guestThe guest shall behave in conformity with the hotel custom and the house rules of the hotel where he is staying.Serious or persistent breaches of the house rules entitle the hotel to terminate the contract immediately without notice.
Article 5: Domestic AnimalsIf a guest wishes to bring with him a domestic animal to the hotel he is under a duty to ensure, before introduction it, that this is permitted by the rules of the hotel.
Article 6: Occupation and vacation of roomsUnless otherwise stipulated, rooms, which have been reserved for a guest, must be ready at 2 p.m and rooms of guests leaving the hotel must be vacated by noon.