Tourism Law in Europe

19 The hotel agreement (in French, contrat hôtelier ) is an agreement, usually in written form, by means of which the hotel owner assumes an obligation to the other party, the travel agent/tour operator, to allow the use of accommodation establishments and to provide all pertinent services to either a fixed or alternating number of the tour operator’s clients, within one or more tourist seasons. In other words, the binding relationship between the hotel owner and the travel agent/tour operator on the subject of granting the right to use accommodation establishments and the provision of pertinent services to clients of the latter constitutes a hotel contract. The hotel contract is signed between the hotel owner and the travel agent, by virtue of which the hotel owner is bound to provide hotel services, such as room rental, either to a fixed number of predetermined individuals or to a diverse and alternating number of the agent’s clients (unknown individuals and not designated by the contracting parties), within a defined tourist season. It is a tripartite (triangular) relationship which connects the hotel owner, the tour operator and the final recipient of the services, the client/tourist/consumer of hotel services. The contractual relationship binds the travel agent/tour operator not only to the hotel owner (hotel contract) but also to the former’s client (package travel contract). Therefore, there is no contractual relationship between the client (tourist) and the hotel owner and it is agreed that, while the client may be the recipient of hotel services, these are nevertheless provided by the hotel owner in his capacity as a servant of the travel agent/tour operator, who is also the debtor to the client’s party, while bound by the travel contract. On the contrary, between the tour operator’s client and the hotel owner there are no immediate contractual relationships. As regards its legal status, a hotel contract is a compulsory contract, in personam and continuing, which is generally concluded in written form. Greek doctrine and jurisprudence have designated it as a mixed contract (since it shares elements with sales, deposit, supply but mostly lease contracts, which results in the implementation of Articles 579 et seq . CC concerning tenancy, as well as of the special provisions of “Regulation on Hotel Owners-Clients Relations” 21 ). Other writers express the opinion that the contract 21 Greek legislation included a special legal act which governs the contracts a hotel owner concludes with the hotel’s clients and with the tour operator, the Regulation on Hotel Owners-Clients Relations. The Regulation on Hotel Owners-Clients Relations (henceforth “Regulation”) has been in force for over thirty- five (35) years in Greek legal order, since its adoption by decision of the Secretary-General of the GNTO (503007/1976). The current Regulation is the one contained in Article 8 Law No. 1652/1986, as