Professional Documents
Culture Documents
Adapted from:
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Yield Practices
• Timing of Offers
• Timing of Acceptance
Decision Drivers
• Low Occupancy
• Excess Demand
'When a business sets out to maximise yield, a number of issues arise which can have
legal consequences for the enterprise and the customer and perhaps intermediaries as
well, such as travel agencies and tour operators'. (Boella, 2000)
1. A CONTRACT =
OFFER → AGREEMENT→ACCEPTANCE→COMPLETION
1. Advertisement -
an 'invitation to treat'
2. Brochure -
an 'invitation'/and or a 'contract'
3. An offer made by the offeror (guest letter for accommodation request) to the offeree
(hotel)
a 'contract'
eg guest requests accommodation over the telephone, fax, e-mail, Internet
Offer
Acceptance
Consideration
Capacity
Legality of purpose
Possibility of performance
Contract Law
Clauses, non specifics, request for time restriction/payment condition (arrhes, depot)
• Frustration - where a circumstance outside the control of the buyer/seller prevents the
contract being performed.
Terms have to be determined in advance by the supplier and communicated to the buyer -
re small print. Contract modification can only be performed by mutual agreement.
How can a hotelier remodify a contract with a buyer during a 'walking' situation?
5. Ending a Contract
1. Performance -
2. Frustration
3. Breach
6. Overbooking
You must try to 'buy-off' the customer (eg compensated like the Airlines do)
But does the client still have grounds for legal action?
Who can we 'walk'?
Damages?
Cases - 'so now we'll pay you not to stay with us'
'show me the money'
'why innkeepers go to court'
Other Articles to read
McDonald, Gael, Pak, Patrick C. (1996) It's all fair in love, war and business: Cognitive
philosophies in ethical decision making. Journal of Business Ethics.
Payne, Dinah, Dimanche, Frederic (1996) Towards a code of conduct for the tourism
industry: An ethics model. Journal of Business Ethics.