Hospitality Business Contract

business law

What is a lodging contract?

A non

What rules apply to lodging contracts?

Bailment rules, such as articles 487

What is a sale contract?

A contract that involves the exchange of goods for a price between a seller and a buyer.

What must a sale contract include?

Identity of the seller and buyer, determination of the item, and price.

Can a sale contract be oral?

Yes, unless the item is real estate, which requires written form.

What is a lease contract?

A contract allowing a tenant to use property without transferring ownership from the landlord.

What are the essential points of a lease contract?

Identity of the lessor and lessee, description of the leased property, and rent amount.

Who is responsible for maintaining the leased property?

The lessee is responsible for maintaining the property during the lease.

What is a bailment contract?

An agreement where one party (the bailor) transfers possession of an item to another (the bailee) for safekeeping without transferring ownership.

What are the bailee’s responsibilities in a bailment contract?

The bailee must take reasonable care of the bailed goods and may be liable for damages.

What is the liability for guest property in lodging contracts?

If the property is worth less than 1,000 CHF, liability is without fault; if more, the guest must prove fault.

What is an agency contract?

A contract where an agent agrees to provide services for a principal.

What is the essential element in an agency contract?

The service to be provided by the agent.

What standard must an agent meet in an agency contract?

The agent must perform the service with average quality, and liability arises from mistakes or negligence.

Can an agent bind the principal legally?

Yes, an agent can bind the principal in transactions with third parties.

What is a work and services contract?

A contract where a contractor agrees to perform work for a price, and the customer agrees to pay.

How is a work and services contract different from an agency contract?

The contractor guarantees a result, not just the performance of a task.

What are the essential points of a work and services contract?

Identity of the parties, description of the work, and price.

What are the risks of contract misclassification?

Misclassification can lead to unexpected legal consequences and incorrect regulations.

What happens if a contract is misclassified?

Courts may classify the contract based on its actual content, regardless of the terminology used by the parties.

Why is contract misclassification risky?

Some contracts are more regulated than others, and misclassification can lead to severe legal issues.