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Hotel entrustment management contract format

1 definition

Article 2 Hotel plans, buildings and equipment

Article 3 Matters before the opening of the hotel

Article 4 Technical Advisory Services

Article 5 Responsibilities of the management company

Article 6 Responsibility of Hotel Owners

Article 7 Insurance

Article 8 Financial items

Article 9 Term of Contract

Article 10 general clauses

Article 1 1 Miscellaneous

The parties to this contract are:

1, _ _ _ _ _ _ _ _ _ (hereinafter referred to as "hotel owner") is a legal enterprise established according to the laws of People's Republic of China (PRC) (China), and its legal address is. ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

2._ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as "management company") is a company registered and existing according to law, and its legal address is ……………………………………………………………………………………………………………………………………………………………………………………………………………………….

Whereas:

Both parties agree to conclude the following contract:

Definition of Article 1

Upon acceptance by both parties, the following terms have the following definitions when used in this contract and all relevant supplementary or modified documents.

1. 1 hotel-it should be interpreted as the location of the building, which includes furniture, fixtures and commercial equipment. The detailed rules are as follows. The hotel shall be interpreted as a commercial operation arising from this contract.

1.2 project address-it should be interpreted as a construction site with a building area of about _ _ _ square meters. Located in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Hotels and all active or passive ancillary buildings.

1.3 buildings-should be understood as all buildings and facilities that are regarded as real estate in nature or name, including all equipment provided for these buildings and facilities, such as heating system, air conditioning system, all water pipes and electrical equipment, outdoor and indoor signs, elevators, etc. 8 1 1 Management Work Network-www.81191.com

1.4 furniture, fittings and equipment or F.F.E for short-should be understood as all furniture, fittings, office equipment, decoration (whether fixed or movable, including carpet and wall decoration), kitchens, bars, washing and ironing equipment, telephone equipment, bathroom water equipment, material conveying equipment, trucks and all other hotel equipment and materials (meaning that the service life exceeds one year)

1.5 business equipment, referred to as O. E for short, should be interpreted as small items commonly used in hotel business operations, such as silverware, bed sheets, tablecloths, pottery utensils, small kitchen utensils, uniforms, etc., including the purchase of low-value consumables with a service life of less than O.E-years and a single piece value of less than 800 yuan. The specific classification standards shall be handled in accordance with the Unified Accounting System for Hotels and the Accounting Law for Sino-foreign Joint Ventures.

1.6 unified accounting system-it should be interpreted as the latest unified accounting system for hotels issued by the American Hotel and Hospitality Association, which was adopted by the management company group. The unified system shall not violate the Accounting System for Sino-foreign Joint Ventures and other regulations promulgated by the Ministry of Finance of People's Republic of China (PRC) (China).

1.7 fiscal year-it should be understood as the period from 1 month/day to 1 February 3 1 day 12 months, and the first fiscal year should start from the first day of business and end at1in the same year.

1.8 Independent Certified Public Accountant —— It shall be interpreted as a China Certified Public Accountant registered in China according to the laws of People's Republic of China (PRC) (PRC).

1.9 total revenue-it should be interpreted as operating income minus consolidated industrial and commercial tax. Any total income directly or indirectly generated by the operation of the hotel, including the total sales of all rooms, office apartment income, food or beverage sales income, laundry, telephone, telegraph and telex, service fees and other hotel operations, equipment use fees and rental fees, etc. It also includes the operating income of the mall or the rental income of the mall, the owner's foreign investment income, fixed assets income, deposit interest, all kinds of compensation income, except that Article 7. 1(D) or (e) is handled according to Article 7.3] and any small account added to the customer's bill, as well as the difference generated when RMB is used instead of foreign currency. 8 1 1 Management Work Network

1. 10 operating profit or g. o. p .- operating profit should be interpreted as the difference between the total revenue and the hotel operating expenses in each accounting year (or part of it).

1. 1 1 operating expenses-should be based on a unified system, including the following items.

(a) Salaries, expenses and wages of hotel employees (including the general manager), and other regular or irregular payments, as well as any employee benefits and meals, accommodation, transportation, meals and other miscellaneous benefits, as well as payables or taxes arising from laws and regulations related to the above salaries.

(b) The cost of food and drinks consumed by the hotel and the cost generated by general income.

(d) The fees of independent public accountants related to hotel business and the fees of legal consultants hired for hotel needs.

(e) The basic management fee paid to the management company as stipulated in Article 8.2.

(f) The basic management fee paid to the management company as stipulated in Article 7.65438 +0.

(g) All expenses for the purchase and replacement of business equipment required for normal hotel management, including the items listed in 1.5.

(h) All advertising, business promotion and public relations expenses.

(i) The share of the hotel in the advertising and business promotion expenses provided by the management company group as stipulated in Article 5.3.3.

(j) Heating, water, electricity, gas, telephone and any other utilities expenses incurred by hotel consumption.

(k) Commissions, fees, expenses and scheduled fees paid to sales agents and credit card companies.

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(l) The repair, maintenance and replacement expenses incurred in order to keep the hotel in good operating condition are included in the operating expenses, except the expenses for which the owner is responsible in Article 6. 1 and article 6.2.

(m) Operating expenses generally incurred by hotels or management companies.

(n) Pay any direct taxes, customs duties and hotel operating license fees, excluding the fees specified in Article 1. 12.

1. 12 independent expenses-the following items should be interpreted as "independent expenses" and should not be included in "operating expenses".

(a) Depreciation of hotel decoration, fixtures and equipment.

(b) Capital tax and real estate tax of this hotel.

(d) Amortization of pre-opening expenses.

(e) Article 6. 1: Reserve replacement expenditure.

(f) Fees of auditors, lawyers and other professional consultants appointed by the Owner and any special fees.

Incentive management fee.

(h) Hotel owners' income tax, fixed assets tax and profits tax.

1. 13 occupancy rate-it should be interpreted as the percentage of the number of rooms actually rented by the hotel divided by the number of rooms available for rent (excluding the dormitories of people hired from Hong Kong and foreign countries).

1. 14 Force Majeure-the following situations all constitute force majeure events.

(a) War, aggression, rebellion, revolution, insurrection and civil war.

(b) Measures, government regulations and orders formulated by the government in its capacity as ruler.

Labor dispute. This article comes from-www.81191.com.

(e) Other accidents that are beyond the reasonable control of the management company and seriously affect the management company's ability to operate the hotel.

Article 2 Hotel plans, buildings and equipment

2. 1 Property right of project address

List the hotel building drawing in Annex (I) of this contract.

2.2 Hotel scale

The hotel will have the following facilities:

..... Within the scope permitted by China policy, complete rooms and related supporting equipment, including but not limited to:

..... Chinese and Western Restaurant

... Bar (Gallery)

..... coffee house

..... multifunctional auditorium

..... dance hall

..... sports/health care equipment

..... shop

2.3 Building procedures

The hotel owner will hire and keep all the buildings, layout, equipment and decoration of the hotel.

Responsible for the expenses of architects, contractors, interior designers and other experts and consultants. The hotel owner shall give the management company a total time plan for hotel design, construction and equipment within 60 days, and the management company shall give its opinions.

2.4 Hotel acceptance

The management company will assist the hotel owner to handle the acceptance procedures for the installation and completion of hotel building equipment, and the hotel owner promises to implement all necessary measures within a reasonable time to make up for the reasonable suggestions put forward by the management company.

Article 3 Matters before the opening of the hotel

3. 1 Services provided by the management company before the opening of the hotel

Before the opening of the hotel, the management company or management company group is entrusted by the owner to engage in the following activities:

..... Make a budget before opening and submit it to the hotel owner for approval before implementation. 8 1 1 Management Work Network

..... establish the overall organization of the hotel and plan all activities before opening.

..... establish management control and accounting system for the hotel.

..... according to the applicable laws and regulations of People's Republic of China (PRC) (PRC), select and recruit hotel employees from all walks of life, and implement training plans when necessary.

..... to help organize and establish different departments of the hotel.

..... undertake the analysis of various insurable items, negotiate insurance schemes, and apply for insurance in China insurance company.

..... to buy the goods needed for opening.

..... to formulate and implement the hotel's marketing strategy.

..... undertake the advertising public relations plan (determine the publicity media, draw up publicity materials, send documents to travel agencies, and intervene in managing the advertising of company groups, etc. ).

..... to undertake business promotion and booking.

..... organize the opening ceremony.

The hotel owner shall, at his own expense, make the management company have suitable office space to fully perform his responsibilities in this section.

The management company shall jointly take necessary measures with the hotel owners to obtain the licenses and permits required for hotel supply, management and operation.

3.2 Budget before opening of the hotel

(a) The management company shall, in accordance with Article 3.5 below, submit the pre-opening budget statement to the hotel owner for approval within six months before opening.

(b) The budget should include the costs and expenses of all pre-opening activities.

..... Before the opening of the hotel, the general manager, business manager and required personnel shall be assigned to the hotel according to the staffing before the opening of the hotel.

..... The cost of recruiting and training the hotel's designated staff includes the training expenses in other hotels of the Group when necessary. 8 1 1 Management Work Network-www.81191.com

..... advertising and business promotion expenses before opening.

..... the cost of opening ceremony.

..... all necessary operation and management expenses, including the expenses of obtaining all necessary licenses and permits, as well as attorney fees and consultant fees.

..... when the hotel is partially opened, the funds needed for partial operation.

The hotel owner shall deposit the funds including this pre-list into the bank account mentioned in Article 8. 1 and provide it to the management company according to the following schedule.

The hotel owner shall deposit the funds including this budget into the bank account mentioned in Article 8. 1 and provide it to the management company according to the following schedule.

..... fifty percent (50%) shall be paid nine months before opening.

..... pay fifty percent (50%) six months before opening.

What happens under circumstances beyond the control of the management company: (a) The hotel owner shall deposit the extra funds needed according to the revised budget due to the delay into the above account for the use of the management company.

Within one hundred and twenty (120) days from the opening date, the management company shall send the hotel owner a statement of all expenses incurred before the opening and the money refunded to the hotel owner. The record will be based on accounting records, and the hotel owner or his representative has the right to inspect and audit all the accounts of the hotel office.

If this contract is terminated due to the reasons of the hotel owner before the opening, the hotel owner shall compensate the management company for the reasonable losses caused by the service before the opening, and (b) the hotel owner shall be responsible for compensating the management company.

3. Liquidity and items needed for starting a business.

The hotel owner shall provide sufficient working capital within the validity period of this contract to ensure the uninterrupted and effective operation of the hotel.

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In particular, the hotel owner agrees to provide sufficient funds to the management company six months before the opening of the business to

The management company shall submit a clear expenditure statement to the hotel owner within 60 days after the opening of the hotel, which is enough to meet the initial demand (food, food and other consumer goods).

4. Partial opening hours

By mutual agreement, the hotel will have a partial opening period, which will be terminated immediately before the opening date of the hotel after the hotel is actually completed and the first paying guest is admitted and enjoys the admission permit of the hotel facilities. Article 3.5 clearly lists the opening date.

Part of the operating expenses during the opening period are included in the pre-opening budget.

5. Hotel opening day

The opening date shall be decided by both parties through consultation, and the specific time is:

(a) After the furniture, fittings and equipment are basically assembled.

(b) After obtaining the licenses and permits required for operating the hotel.

(c) After both parties believe that the hotel can provide luxurious services to the guests on a completely commercial basis.

The opening of the hotel does not exempt the hotel owner from the responsibility to abide by the terms of this contract, especially Article 2.4 on correcting any shortcomings or deficiencies in the hotel buildings and equipment.

The hotel is expected to open in _ _ _ _ _ _ _.

Article 4 Technical Advisory Services

4. 1 expertise and experience

The management company should provide modern hotel design and deployment with its special experience and professional knowledge, and give appropriate guidance to hotel owners and their agents.

4.2 Summary of Technical Consultant

(a) hotel facilities

(i) The management company will assist the hotel owner in selecting and establishing various facilities in the hotel, such as the type and quantity of guest rooms, catering forms, banquets and conference halls, and the hotel logistics area.

This article comes from-www.81191.com.

(II) The management company will prepare an equipment plan, recommending and detailing the main features of each equipment.

(III) The hotel owner shall provide the "management company" with the final design drawings and detailed specifications, including the following points.

(1) The final construction drawings and detailed descriptions must have the information required for reporting to relevant government agencies (applicable to reporting and applying for relevant building permits, planning, fire station permits, tourism bureau permits, etc.). ).

Bidding and construction related documents.

(2) Specification for guest room details.

(3) Detailed lighting and gardening layout.

(4) Layout and detailed specifications of the final equipment.

(5) Suitable for pictures or model photos of rooms, catering equipment and public places in marketing and advertising.

The management company will review the final design drawings and detailed specifications and give necessary suggestions to make the design meet the requirements.

(2) Interior design and decoration

(i) The management company will provide hotel owners with suggestions on the internal design and functional layout of rooms, corridors, public places, catering facilities, banquet halls and conference halls, as well as technical suggestions.

(II) The hotel owner will provide the management company with the final design, including the following points.

(1) Room layout of rooms, furniture and accessories.

(2) Schematic diagram of side and ceiling.

(3) Illumination map.

(4) Samples and detailed specifications of all materials to be used, including carpet samples, treatment of walls and ceilings, and materials of furniture and accessories.

(5) Detailed plan of specially designed furniture, lighting devices and components.

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(6) photos of the selected objects.

(7) Between the example drawings and detailed instructions.

(8) Art design and art draft of uniforms.

The management company will review the final design and give necessary suggestions to make the design meet the requirements.

(i) Prepare a complete bill of lading, including the supply of business equipment and logistics (the bill of lading should include items, quantities, detailed specifications, etc.). ), if the hotel owner requires otherwise, the address of one or more suppliers must also be provided.

(II) Prepare a preliminary financial budget in order to purchase all initial business equipment, logistics and supplies needed for business.

(iii) Prepare the final budget of the items listed in (i) above.

(iv) Due to inflation, the budget should be constantly reviewed and investigated.

4.3 remuneration

(a) The expenses incurred by the above-mentioned technical consultants and services after the opening of the hotel (see Articles 3. 1, 4. 1 and 4.2), including the salaries, travel expenses, accommodation expenses and office expenses of its personnel, shall be paid by the hotel owner. ?

(b) Allowance and expense reimbursement: At the request of the hotel owner, the management company will appoint experts to provide special advice, guidance or other services for a certain stage of the project, and the hotel owner shall bear these responsibilities.

Experts' allowances and expenses include round-trip air tickets, hotel accommodation fees, transportation fees, etc.

4.4 Payment Method

(a) The hotel owner's fees in item 4.3(A) shall be negotiated with the service provider separately. This article comes from-www.81191.com.

(b) The management company will submit a list of allowances and reimbursement expenses to the hotel owner every month, which shall be paid by the hotel owner within 30 days.

Article 5 Responsibilities of the management company.

5. 1 Services of management company

During the validity of this contract, the management company shall abide by the laws of People's Republic of China (PRC) (China) and act on behalf of the hotel owner.

Perform all tasks within the scope of hotel management and marketing, and only allow the management company to operate the hotel as a hotel based on the efficient management of the hotel group of the current management company, except for the international operation industry.

You can't participate in other activities of the hotel except the auxiliary and additional activities normally related to or caused by standard changes.

5.2 Commodity name, trademark, service name and service mark

This hotel is registered and used as "XX Hotel" according to the legal procedures of China.

During the validity of the contract, the management company allows the hotel owner to publicize the hotel and related hotel operations.

Relevant use of commodity names, service names, service marks and trademarks. All general electric appliances operated by the Hotel shall be marked with the service mark of _ _ _ to confirm that the Hotel is a member of the management company group. Contract expires

Or after the termination, the hotel will continue to use the _ _ _ business name. As for the service name, service mark and trademark, it will be negotiated separately when the contract is terminated.

5.3 advertising

5.3. 1 Group Advertising, Promotion and Public Relations

From the date of contract approval, the management company will prepare all publicity, advertising, public relations and efforts to promote the business plan and sports activities of the hotel.

5.3.2 Mutual advertising and publicity between hotels

This article comes from 8 1 1 management work network.

The hotel that manages the company group will recommend the hotel owner's hotel to customers, and the hotel will also recommend other hotels of the group to customers.

5.3.3 Distribution of Group Advertising and Business Promotion

As mentioned in this paragraph, hotels should share the responsibility of managing the company group for the common interests of their hotels.

When it comes to business promotion activities, the amount it should bear is equal to 1% of the hotel's total monthly income. The management company will collect this money on a monthly basis, and this money will be treated as operating expenses when calculating the operating gross profit (from the management company).

The management company shall provide the hotel owner with the certification materials for all advertising and commercial promotion activities.

5.4 Hotel-level assistance

The management company will assist the hotel's business promotion, so that the hotel can fulfill the Group's business promotion policy. Business promotion at the hotel level should be carried out in the market where the hotel is located and other markets deemed appropriate by the management company.

The management company will formulate an annual business promotion plan and submit it to the hotel owner for review. In addition, the management company will provide all necessary assistance and guidance, especially in the following aspects:

..... decide the hotel's management policy.

..... determine the annual and long-term goals related to occupancy rate, income, customers, etc.

..... formulate and publish all hotel prices (rooms, restaurants, bars, conference facilities, etc. ).

..... determine the special business conditions.

..... to formulate the credit policy of selling on credit.

..... establish business methods and procedures for different customers.

..... enterprise performance analysis and permanent control system. This article comes from 8 1 1 management work network.

The management company will carry out appropriate advertising and business promotion at the hotel level, including:

..... decide on hotel advertising and commercial promotion policies.

..... Prepare advertising documents and brochures according to the standard samples of the management company.

..... distribute these documents to group hotels and manage the business agency office of the company.

When the hotel conducts business promotion activities in a specific area, the management company will arrange the business office in charge of the specific area to assist.

The hotel will be included in the business exhibitions and exhibitions attended by the management company, and all the direct expenses for participation will be borne by the hotel itself. The management company must make a budget in advance and implement the plan after the hotel owner agrees.

5.5 management

5.5. 1 Daily business management

The management company shall accept the supervision of the supervision and inspection committee, the permanent organ of the board of directors. The principle of supervision is only aimed at the hotel's legal operation and large economic expenditure (referring to100,000 yuan or more, including100,000 yuan); The recruitment and dismissal of deputy general manager, deputy director of finance, deputy director of personnel and security manager of the hotel should be supervised and assessed in advance.

With the consent of the Committee, the specific provisions of the Supervisory and Examining Committee are shown in Annex II.

The management company will perform all appropriate and necessary management services on behalf of the hotel owner, including:

(a) general hotel organizations.

Personnel management. According to the relevant laws and regulations of our country, the management company, as the agent of the owner, will have the right to choose snow?

Decision-making power to hire, train, assign, transfer or dismiss all employees. Without the consent of the hotel owner, foreign (including Asian and Hong Kong compatriots) employees employed by the management company can be hired at any time within the first five years after the opening of the business.

This article comes from 8 1 1 management work network.

No more than _ _ people. According to the usual operation mode, the management company will train employees for a long time and gradually reduce the number of foreign employees.

Hotel owners will provide suitable accommodation for these foreign employees outside the hotel, and the expenses will be paid by the hotel business. The general manager will be appointed by the management company, who will be fully responsible for the operation and management of the hotel and report the hotel operation to the board of directors every month.

Management situation. Experts who help manage the company in hotels are also treated in the same way.

(c) To formulate the salaries and all other benefits of hotel employees, and the management company will have the right to distribute service fees to employees on behalf of the hotel owners and pay extra allowances regularly.

(d) To set all prices, charges and prices, and supervise and control hotel operations related thereto.

Income of any nature, or fees for various services, and receipts, etc. Except as specified in item (b) above or provided free of charge by the management company to people such as newspapers, magazines or other public news or travel agencies according to the hotel industry law.

Except for hotel accommodation, no one else may enjoy preferential prices or free accommodation and services in the "hotel" without the permission of the management company.

(e) Set up commercial premises and shops to ensure that the shops will not affect the reputation and normal business of the hotel.

(f) The procurement policy includes the following contents: selecting goods, supplies and materials, establishing and maintaining all the stocks needed for the normal operation of the hotel, selecting suppliers and negotiating supply contracts under the most favorable conditions.

(g) Formulate credit policies for suppliers and hotel customers, and negotiate with credit institutions, especially credit card issuers, to make arrangements. 8 1 1 Management Work Network

(h) In the operation of the hotel, if the management company considers it necessary or appropriate, it can take any legal procedures and other legal actions in the name of the hotel owner with the consent of the owner.

(i) To supervise and control the activities of residents, tenants, franchisees and their employees, including debt recovery actions taken by residents and tenants due to non-payment of fees or other correct reasons or equally correct reasons.

Termination of the rights of franchisees and privileged holders.

(j) In addition to the maintenance responsibility of the hotel owner, the management company shall carry out necessary repairs and maintenance according to the management standards to keep the hotel in good condition. All related expenses will be included in the operating expenses of the hotel. Any fee exceeding HK$ 200,000 should be submitted to the hotel owner for approval as a special item. If it is necessary to make major changes and improvements to the property, experts should be invited to provide the above services, and the expenses incurred after mutual consent shall be borne by the hotel owner.

The following is the signed contract, you can compare it slowly, which may be helpful to you! ! ! ! ! ! ! ! ! ! ! ! !

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