Estudia

• To transmit to the student a basic knowledge of the main aspects of the most used in hotel and restaurant services providing as well as its regulating instruments so that in the future it can act consequently in his professional practice.
• - To know the background of the regulating hotel an restaurant contracts at the time of developing their professional activity.
• - To acquire a basic knowledge of the most important content of this regulation.
• - To adapt their professional activity to the imperative rules and, also, to become aware on which is their operation margin in any negotiation involved in service providing.
• - To identify the economic interests that are behind the most used clauses of studied contracts and the possible conflicts that the same ones can originate between the contracting parts.
• - To prevent possible conflicts with other professionals or the clients by paying special attention on the contract writing as a regulating instrument in the relation between the parties.
• - To regulate their own professional and economics interests within the legal limits.

1. Law on Supplying Accommodation

          1.1. Making bookings/ accommodation contract

          1.2. Credit card bookings

          1.3. Parties to accommodation contracts

          1.4. Prices

          1.5. Dates/times

          1.6. Stay-overs

          1.7. Payment schedule

          1.8. Cancellation procedure and fees

          1.9. Late arrivals

          1.10. Release times and departure times

          1.11. Rules of the house governing guest behaviour

          1.12. Suitability of bedroom.

          1.13. Privacy

          1.14. Noise

          1.15. Confidentiality

          1.16. Registration of guests

          1.17. Incorporating public law hotel standards into accommodation contracts

          1.18. Liability:

                    1.18.1. for unfilled rooms

                    1.18.2. for physical injuries to guest

                    1.18.3. for theft of guest property

2. Contract between tour operator, conference and wedding organisers and hotel

          2.1. Incoming agents and foreign tour operators

          2.2. Nature of any obligations

          2.3. Liability for unfilled room

          2.4. Maintaining hotel standards and proviso of agreed hotel

          2.5. Tour operator indemnities

          2.6. Information about changes in hotel

3. The Tour Operator and the Hotelkeeper.

4. Legal aspects of e-commerce in hotel services

          4.1. Consumer bookings

          4.2. The role of internet intermediaries

5. Restaurant contracts, safety food and liability

          5.1. Restaurant contracts

                    5.1.1. Introduction

                    5.1.2. Written and oral contracts

                    5.1.3. Elements of an enforceable contract

                    5.1.4. Managing guests reservations

                    5.1.5. Essential restaurant contract clauses

          5.2. Food safety and liability on the restaurant and bar

                    5.2.1. Food safety. A) Enforcement strategies: standards and “vertical and horizontal” norms. B) From a final product’s control to a preventive approach: a self-control based on Hazard Analysis and Critical Control Point (HACCP). C) Enforceament measures by the Health Public authorities D) The HACCP. An example: the preparation and service of rare roast beef. E) Enforceament measures and its economic impact in the catering industry.

                    5.2.2. Product Liability and Microbial Foodborne Illness. A) The application of Spanish Product Liability Act 22/1994, on 6th July. B) The concept of defect. C) The causal relation between the defect and damage. D)The “adequate causality” as a criterium. E) Damages. F) Basis of liability.

                    5.2.3. Liability for the sale of alcoholic beverages. A) Introduction: from “the person knows or should have known the consequences of drinking” to the restaurant’s and bar’s liability. B) Groups of cases.

                    5.2.4. Liability for the safety of costumers and their property. A) Failure to mantain safe premises; B) Failure to eject quarrelsome customers; C) Failure to provide adequate security.

• Adolfo AURIOLES MARTÍN (2002). Introducción al Derecho turístico (Derecho privado del turismo). Madrid: Tecnos.
• Stephen BARTH (2001). Hospitality Law (Managing Legal Issues in the Hospitality Industry). New York (et altri): John Wiley and Sons.
• Norman G. COURNOYER/Anthony G. MARSHALL/Karen L.MORRIS (1999). Hotel, Restaurant and Travel Law (A preventive Approach) (5th.ed.). Albany (et altri): Delma Publishers.
• David GRANT/Julia SHARPLEY (2003). A Leap in the Dark: Hotelkeeper's Liability for the Safety of Guests. International Travel Law Journal, 2(), 100-115

Activitats d'avaluació:

• TRANSPORT AND PACKAGE HOLIDAY CONTRACTS