BOOKING AGREEMENT

This Booking Agreement (hereinafter referred to as the “Agreement”) is made on [INSERT THE DATE ON WHICH AGREEMENT COMES INTO FORCE] (hereinafter referred to as the “Effective Date”) between:

[INSERT THE NAME OF THE SERVICE PROVIDER],  having registered office at [INSERT THE ADDRESS OF THE SERVICE PROVIDER] (hereinafter referred to as the “Service provider” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns); and 

[INSERT THE NAME OF THE CLIENT],having registered office at [INSERT THE ADDRESS OF THE CLIENT] (hereinafter referred to as the “Client” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).

The “Service provider” and the “Client” together shall be referred to as “Parties” and individually as a “Party”.

WHEREAS

1. The Service Provider owns and operates a [INSERT THE NAME OF THE HOSPITALITY BUSINESS](hereinafter referred to as “Hotel”).
2. The Client desires to reserve accommodations or services provided by the service provider for an event specified herein.
3. The Service Provider utilizes or engages personnel with specialized expertise and substantial experience, necessary for providing high-quality services.
4. The Service Provider and Client mutually agree to the terms and conditions outlined in this Agreement, which governs the working relationship between the parties.
5. The parties are duly authorized and have the capacity to enter into this agreement.
6. Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.

NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to, be legally bound, the Parties have agreed as follows:

1. DEFINITIONS
   1.  "Client" refers to an individual or an entity engaging the Hospitality services of the service provider under this Agreement.
   2. "Service Provider" refers to an individual or entity who is engaged in providing the Hospitality services to the Client under this Agreement.
   3. "Services" shall mean the hospitality services provided by the service provider to the Client, as detailed in the Scope of Services.
2. BOOKING DETAILS
   1. The parties agree that the booking shall have the following details:
      1. [INSERT DATE OF ARRIVAL]:
      2. [INSERT DATE OF CHECKOUT]:
      3. [INSERT THE NUMBER OF GUESTS]:
      4. [INSERT THE NUMBER OF ROOMS BOOKED]:
      5. [INSERT ADDITIONAL SERVICES/ FACILITIES IF ANY]:
   2. The Parties acknowledge and agree that these details constitute the agreed-upon terms of the booking, and any changes or modifications shall be made in writing and signed by both parties.
3. PAYMENT
   1. The total booking amount for the agreed-upon accommodations/services is [INSERT THE AMOUNT TO BE PAID FOR ACCOMODATIONS/SERVICES]. Upon booking confirmation, the Client agrees to pay a security deposit of [INSERT THE AMOUNT OF SECURITY DEPOSIT].
   2. The Client agrees to remit the remaining balance of the total amount either during checkout or in advance, as mutually agreed upon by both the parties.
   3. The Client shall make all payments in a timely manner. Failure to adhere to the payment schedule may result in cancellation of the booking at the discretion of the Service Provider.
   4. All payments shall be made in [INSERT THE TYPE OF CURRENCY IN WHICH PAYMENT SHALL BE MADE] unless otherwise specified. Any modifications to the payment terms must be mutually agreed upon and made in writing by both parties.
4. CANCELLATION OF BOOKING
   1. The Client may cancel the booking before [INSERT THE NUMBER OF DAYS BEFORE DATE OF ARRIVAL WITHIN THE CLIENT MAY CANCEL THE BOOKING] from the date of arrival and will be entitled to a full refund of deposit or payment made. However, if the cancellation occurs less than [INSERT THE MINIMUM NUMBER OF DAYS WITHIN WHICH IF THE CLIENT CANCELS THE BOOKING THE PROVIDER RESERVES THE RIGHT TO RESERVE] the above mentioned duration, the provider reserves the right to retain the deposit and may cancel any booking in the name of the client.
   2. The Service provider may cancel the booking in the event of unforeseen circumstances or force majeure, in which the client shall be entitled for a full refund of any payment made.
5. SERVICE PROVIDER’S OBLIGATION
   1. Service provider agrees to provide professional and ethical conduct, in all interactions with the client, including but not limited to maintaining confidentiality, exercising due diligence, and upholding industry standards of integrity and fairness.
   2. Service providers shall strive to maintain the quality and integrity of its hospitality services to ensure that client and accompanied guests have a positive experience. The Service Provider shall promptly address any issues or complaints raised by Client regarding the services provided.
   3. The Service Provider agrees to conduct its business operations and hospitality activities in compliance with all applicable laws, regulations, and industry standards.
6. CLIENT’S OBLIGATION
   1. The Client shall provide all the relevant information to the Service provider in order to render the hospitality services as per the agreed terms and conditions of this Agreement.
   2. The Client shall not engage in any activity that may violate the guidelines or compromise the integrity of the Hotel or service provider.
   3. The Client shall provide timely payments to the Service Provider for the hospitality services as per the agreed terms and conditions.
7. LIMITATION OF LIABILITY
   1. The Service Provider shall not be held liable for any loss, damage, injury, or inconvenience suffered by the Client or any third party arising out of or related to the use of the provided accommodations or services, except in cases of proven negligence or misconduct on the part of the Service Provider.
   2. The Client agrees to indemnify and hold harmless the Service Provider from any claims, damages, liabilities, costs, or expenses, including legal fees, arising from the Client’s use of the accommodations/facilities/services or any breach of the terms of this agreement.
   3. The total liability of the Service Provider under this agreement shall not exceed the total amount paid by the Client for the accommodations or services provided under this agreement.
8. FORCE MAJEURE
   1. No failure or omission by the Service Provider or the Client in the performance of any obligation under this Agreement shall be deemed a breach of this Agreement or create any liability if the same arises on account of force majeure, which term shall include any event or cause beyond the control of the service Provider or the Client, as the case may be, including but not restricted to natural disasters, acts or omissions of any government, or agency thereof, pandemic, social implications, or transportation embargoes, provided that the party relying on this Section shall forthwith after any such event give written notice to the other party of its inability to perform such obligation and the reasons therefore.  If force majeure continues for a period of more than two (2) weeks, without the parties hereto being able to develop an alternative satisfactory arrangement, then either party has the option of immediately terminating this Agreement.
9. APPLICABLE LAW
   1. This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT THE COUNTRY WHOSE LAWS WILL BE APPLICABLE ].
   2. The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner: 
   3. By direct negotiations between the Service provider and Client. 
   4. If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT THE PLACE THAT SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF UNSUCCESSFUL NEGOTIATIONS] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
10. NOTICES
    1. Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is seven (7) Business Days after such notice is mailed during normal postal conditions.  In the event of a postal disruption, any notice mailed will be deemed received on the seventh (7th) Business Day following resumption of regular postal service:
       1. If to the Service Provider: [INSERT EMAIL ID OR/AND ADDRESS OF SERVICE PROVIDER]
       2. If to the Client: [INSERT EMAIL ID OR/AND ADDRESS OF CLIENT]
    2. Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
11. DISPUTE RESOLUTION
    1. The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
    2. If, for any reason, such Dispute cannot be resolved amicably by the Parties, the same shall then be referred to and settled by way of arbitration proceedings in accordance with the Arbitration laws of [INSERT CITY or COUNTRY WHOSE ARBITRATION LAWS SHALL APPLY] then in force.
12. MISCELLANEOUS
    1. Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
    2. Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be ENGLISH.
    3. Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
    4. Entire agreement: This agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. This Agreement may be executed in identical duplicate counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. 
    5. No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
    6. Amendments and Assignments:  Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
    7. Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
13. DECLARATION
    1. Each of the parties hereto covenant and agree to execute and deliver such further and other agreements, assurances, undertakings or documents, cause such meetings to be held, resolutions passed and by-laws enacted, exercise their votes and influence and do and perform and cause to be done and performed any further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement.

IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.

Signed, sealed and delivered on behalf of Service Provider

Name: [INSERT THE NAME/DESIGNATION OF SIGNING AUTHORITY OF SERVICE PROVIDER]

Signature:

Date: [INSERT THE DATE ON WHICH SERVICE PROVIDER SIGNS THE AGREEMENT]

Signed, sealed and delivered on behalf of Client

Name: [INSERT THE NAME/DESIGNATION OF SIGNING AUTHORITY OF CLIENT]

Signature: 

Date: [INSERT THE DATE ON WHICH CLIENT SIGNS THE AGREEMENT]