HOTEL AGREEMENT, July 14, 2008 – Final Draft Version 2
Agreement is entered into by the Kungliga Tekniska Högskolan, herein referred to as “KTH”, Valhallavägen 79, 100 44 Stockholm, and The Radisson SAS Strand Hotel, Nybrokajen, 9, P.O. Box 16396, 103 27 Stockholm, Sweden, phone: +46 8 50 66 4000, fax: +46 8 50 66 4002, contact: Christian Bergström, Sales Manager, email email@example.com, phone: +46 8 506 645 12, Fax: +46 8 506 640 02, herein referred to as “Hotel”, concerning the 2009 World Finals of the ACM International Collegiate Programming Contest sponsored by IBM and hosted by KTH, herein referred to as the “ICPC”. The contact is Dr. William B. Poucher, ICPC Executive Director, herein referred to as the “ICPC Director”, email: firstname.lastname@example.org, phone: +1 254-366-1435, Fax: +1 254-299-1411.
“It is Agreed between KTH and Hotel”
KTH engages Hotel for the ICPC, and Hotel accepts such engagement subject to the terms and conditions of this Agreement.
The announced dates of the ICPC are from April 17- 22, 2009. In addition, to accommodate early arrivals and late departures of guests, Hotel shall provide guestrooms at ICPC rates for the periods of April 11-26, 2009 (herein referred to as the “ICPC Period”).
SLEEPING ROOM BLOCK
KTH estimates that the ICPC guests will require and the Hotel shall provide the following number of sleeping rooms:
Sleeping Room Block:
Two-Bedded Rooms Guaranteed Availability:
Two-Bedded Rooms Guaranteed Availability:
Allocation of rooms from the sleeping room block is under the direction of the ICPC Director. The Hotel guarantees availability of rooms with 2 separate beds as specified above. If fewer are available, then for each unavailable room, Hotel will provide two rooms at the price of one 2-bedded room.
The ICPC Director may decrease the room block at any time subject to the conditions in the section entitled, “Performance Clause”. Any changes in the room block shall be by email or in writing. All changes in sleeping block shall be under the same terms and conditions hereunder.
CHECK-IN AND CHECK-OUT TIMES
Check-in time is 3:00 PM. Check-out time is 12:00 noon.
Guests are permitted to check in earlier on a request basis through the Front Office Manager, and will be honored according to anticipated occupancy for that day. Checkroom facilities will be available for early arrivals.
SLEEPING ROOM GROUP RATES
Room Type Guaranteed Availability Rate Dates
Single Room, 1-bedded Single peak 20 SEK 1700 Apr 11-26, 2009
Standard Room, 1-bedded King peak 32
Single occupancy SEK 1700 Apr 11-26, 2009
Double occupancy SEK 1900 Apr 11-26, 2009
Standard Room, 2-bedded peak18 SEK 1900 Apr 11-26, 2009
Superior Room, 1-bedded King 0 SEK 2000 Apr 11-26, 2009
Superior Room, 2-bedded peak 18 SEK 2180 Apr 11-26, 2009
Business Class Room (2 of which are 2-bedded) 4 SEK 2400 Apr 11-26, 2009
Corner Suite 4 SEK 3800 Apr 11-26, 2009
Tower Suite 1 SEK 6000 Apr 11-26, 2009
All sleeping room rates are understood to be per room night, inclusive of full breakfast buffet for all room occupants, internet access, and all taxes and charges such as VAT, service, and porterage. No phone numbers will be blocked.
KTH shall furnish to Hotel the required credit information to establish a master account. Upon approval by Hotel’s Credit Manager, Hotel shall establish the ICPC Master Account. KTH is only responsible for charges that meet the following conditions and stipulations:
The ICPC Director will specify in writing which charges are to be applied to the ICPC Master Account.
Only those charges specified by the ICPC Director shall be charged to the ICPC Master Account.
The ICPC Director shall advise Hotel in writing of the persons authorized to sign for these charges.
By September 1, 2008, KTH shall place 100000 SEK on deposit at the Hotel in the ICPC Master Account. By January 12, 2009, KTH shall have placed 50% of the anticipated ICPC Master Account sleeping room charges on deposit at the Hotel in the ICPC Master Account. By February 12, KTH shall have placed 75% of the anticipated ICPC Master Account sleeping room charges on deposit at the Hotel in the ICPC Master Account. By March 12, KTH shall have placed 90% of the anticipated ICPC Master Account sleeping room charges on deposit at the Hotel in the ICPC Master Account.
Hotel agrees to refund any funds on deposit in excess of charges by May 15, 2009. All undisputed charges on the master account shall be due and payable within thirty (30) days after receipt and approval of the final bill from Hotel. Disputed items shall not be payable until resolved.
The ICPC Manager (email@example.com) will provide the Hotel with pre-registration information for guests no later than February 1, 2009. No later than February 12, 2009, Hotel will provide pre-registration for these guests as directed by the ICPC Manager. Hotel will confirm and update reservations by email to the ICPC participants with confirmation to the ICPC Manager. These reservations will be coordinated through the Hotel Reservations Supervisor and will include billing instructions.
The ICPC Director may, in writing, elect to bill some hotel nights or other charges to the ICPC Master Account. Once pre-registration has completed, individual guests may, at their own expense, alter reservations and make reservations for additional rooms at the Group Rate from the room block.
Individual guests are responsible for their own rooms, tax, and all other incidental charges upon departure. The Hotel may require guests to provide an advance deposit or credit card to guarantee payment. The Hotel accepts the following methods of payment: cash, credit cards such as Visa, Master Card, American Express, and Diner’s Club.
There will be no charge or fee for canceling an individual guest reservation provided that notification is provided to the Hotel at least three days in advance of arrival. The ICPC Manager may assign such cancelled rooms to another guest without a fee. Otherwise, the individual guest is liable to pay one night at SEK 1700 for the unoccupied room.
If Hotel is unable to provide a sleeping room at Hotel to a guest holding a confirmed reservation, Hotel shall provide to guest the following as liquidated damages, and not as a penalty:
A sleeping room at a comparable nearby hotel, complimentary the first night and at a rate no higher than the conference rate for the remaining days, and
Free transportation to and from the substitute hotel and convention center, as needed, for each night the guest is not accommodated.
The ICPC will publicize a 30-day cutoff (March 12, 2009) on reservations.
All cancellations prior to cutoff date will revert back to KTH’s room block. Prior to cutoff, the Hotel must notify the ICPC Director of actual reservations received to date. The ICPC Director will then be given the opportunity to guarantee additional rooms before any portion of the block is released. Subject to availability, the Hotel will continue to accept reservations at the Group Rate after the cutoff date.
Hotel shall provide the ICPC Director with weekly group pick up reports starting February 1, 2009; daily group pick up reports during the ICPC period; and a final group pick up report showing the total number of rooms occupied for this group no later than seven (7) days after the last guest checks out. Copies of the group pick up reports should be emailed to the ICPC Manager, Marsha Poucher.
Under the terms of this contract, and in accordance with the information KTH has provided regarding its needs, Hotel has now taken out of its inventory the sleeping room block outlined herein.
Hotel agrees that individuals securing reservations are responsible for their own cancellation fee as described in the section entitled, “Reservations”.
Hotel agrees that any and all space may be cancelled prior to 90 days without penalty. Thereafter, the total liquidated damages incurred by KTH is limited to SEK 1700 times the number of cancelled room reservations secured by KTH that have not been resold by time operation, that exceeds the cancellation limits identified in the following chart:
Date of Cancellation Total Liquidated Damages
Prior to 90 days before arrival no cancellation charge
From 90 days but prior to 60 days before arrival 50% of the rooms held may be cancelled without penalty
From 60 days but prior to 30 days before arrival 25% of the rooms held may be cancelled without penalty
From 30 days but prior to 14 days before arrival 10% of the rooms held may be cancelled without penalty
From 14 days before and up to 4 pm day of arrival 5 rooms may be cancelled without penalty
Three (3) business days prior to the beginning of each cancellation period, Hotel agrees to notify KTH by email of the reservations made and the number of rooms blocked by KTH and of any pending cancellation penalty. Furthermore, Hotel will notify KTH of any individual reservation cancellations and offer them back to the ICPC. The ICPC Director shall notify the Hotel of any cancellations by email.
The Hotel will credit KTH, for the purpose of determining block performance, all room nights generated by ICPC participants that are identified as booking inside or outside of the official Room Block.
All performance damages due under this clause will be payable no later than May 15, 2009.
All requests for suites blocked by the ICPC will require the approval by the ICPC Director before confirmation and assignment by Hotel for parties identifying themselves as attending the ICPC or associated events.
From April 17-22, 2009, no signage for companies other than ACM (the Association for Computing Machinery, New York, NY USA), IBM (International Business Machines, Inc., Sommers, NY USA), and KTH may be displayed without written approval from the ICPC Director.
GRATUITIES AND PORTAGE
Gratuities shall be provided to deserving employees of Hotel at the option of the ICPC Director. No automatic service charges or gratuities shall be applied by Hotel. There shall be no charge for porterage. Gratuities for porterage will be provided at the discretion of the guests.
Hotel agrees that it shall assign an adequate number of trained staff to handle its obligations under this Agreement.
Hotel warrants that, as a place of “public accommodation,” the Hotel has taken all legally required steps to make all of its facilities and services, including but not limited to its public meeting and function space, accessible to persons with disabilities. KTH shall notify the Hotel in advance of any special accommodations needed by meeting guests when such needs are known to KTH.
Hotel shall promptly notify KTH of any concurrent or overlapping meetings, conventions, special events or other attractions to be held in Hotel during the ICPC period. Hotel agrees that there shall be no outside distraction that could affect the ordinary use of facilities to be used by KTH and its guests.
CONSTRUCTION AND REMODELING
Hotel shall promptly notify KTH of any construction or remodeling to be performed in Hotel prior to the ICPC period and Hotel confirms that any such construction and remodeling shall not interfere in any way with KTH’s use of the Hotel.
In any event of the Hotel’s inability to provide these services or facilities, or in the event of any construction interference that requires cancellation of the ICPC, as provided for in the section titled “Termination” below, Hotel agrees to pay KTH, as liquidated damages, all expenses associated with securing equivalent hotel accommodations.
Neither party shall be liable for any damages, penalties, or fees for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, government restrictions, wars, insurrections, terrorism, dangerous travel advisories, and/or any other cause beyond the reasonable control of the party whose performance is affected.
In the event that the meeting is cancelled due to the circumstances in Paragraph 1 of this section, KTH and Hotel will make best efforts to reschedule this meeting.
KTH agrees that should it change its meeting site to another hotel, or cancel this commitment for any reason other than circumstances identified in the Section titled, “FORCE MAJEURE”, actual damages would be difficult to determine. It is agreed that the total liquidated damages as described in the Section titled, “Performance Clause”, shall be the sole basis for determining the total liquidated damages to be paid by KTH for cancellation of this contract under such circumstances.
Hotel and KTH shall indemnify and hold harmless the ICPC Director against all loss, expense or damage on account of any injury to the person or property of any registrant, guest or member of the Hotel or KTH staff, arising out of the negligence or willful misconduct of the other party, its agents or employees.
Hotel and KTH shall indemnify and hold harmless each other against all loss, expense or damage on account of any injury to the person or property of any registrant, guest or member of the Hotel or KTH staff, arising out of the negligence or willful misconduct of the other party, its agents or employees.
No Party shall be responsible to any other Party for punitive damages, indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts.
The exclusion and limitations of liability stated above shall not apply in the case of damage caused by a willful act or gross negligence.
This indemnification provision shall survive the termination or expiration of this Contract.
Hotel confirms that it complies and shall comply during the ICPC Period with all provincial and municipal fire, safety and building codes. Hotel further confirms that it maintains procedures and policies concerning fire safety and other safety issues and Hotel shall make all such procedures and policies available to KTH for inspection upon reasonable notice (Proprietary information certificates or compliance only). KTH agrees to comply with all such codes.
This agreement contains all of the terms agreed upon by the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, arrangements and communications between the parties concerning such subject matter, whether oral or written. This Agreement shall be binding upon and insure to benefit of KTH and its successors and assigns. This Agreement may be altered or amended at any time by the mutual written agreement of the parties. The Hotel shall hold the terms of this agreement in confidence and may disclose those terms to other parties only with the written approval of the ICPC Director.
The heading and numbers appearing in this Agreement have been inserted as a matter of convenience, and this Agreement is not to be construed with reference to them. If there is any conflict between the headings and numbers and the text of this Agreement, the text will control.
CONFLICT OF INTEREST
No conflict of interest exists between any of the parties involved in this Agreement, including volunteers or other individuals authorized to sign contracts on behalf of KTH.
These arrangements will be held on a first option basis until September 1, 2008. If a commitment cannot be made prior to this date, these arrangements will revert to a second option.
The undersigned parties or their duly authorized representative confirm that they have authority to enter into this Agreement and hereby agree to the terms set forth above. All signatures are required to conclude this agreement.