Russian Federation

For it is necessary to conclude the so-called agency agreement. However, as practice shows, in contracts for the provision of hotel services combined conditions, typical for the contract of compensated rendering of services, and for an agency agreement. For example, the subject of the contract is the provision of hotel services for preliminary applications of the customer (legal entity). At the same time, the contract stipulated that when placing customers on-demand customer pays the hotel the customer a commission of 10% of the cost to customers of the customer numbers. Provision of any services the customer is not a hotel contract provided. Or substantially similar to the situation where the contract stipulated that the hotel provides the company with a hosting service for corporate rates and at the same time liable to pay commission remuneration of the company at a rate of 10%.

As a result, it is not clear: The hotel provides a service company (the customer) by placing or company (customer) – the hotel to find customers. According to Article 779 of the Russian Federation on the contract of compensated The Contractor shall provide services under orders of the customer to provide services (to perform certain acts or to carry out certain activities), and the customer agrees to pay for these services. According to Article 990 of the Civil Code of commission agreement, one party (the commission) shall, on behalf of another party (the principal) for a fee to make one or more transactions on their behalf, but at the expense of the principal.

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