Contracts

markwho

If the General Manager of a hotel signs a 3 year contract for a service to be done once a year. But then after one year leaves the hotel as general manager.
My question is this. Does the contract lie with the person or with the hotel itself?
So is the contract still valid even though the general manager, the person who signed the contract, is gone.

seamus

Yes, the contract is still valid. The general manager signed the contract on behalf of the hotel in his capacity as general manager.

The only way it could be deemed invalid is if the general manager didn't have the authority to sign the contract in the first place or if he signed it in a personal capacity and as such also paid the cost of the supplier fulfilling the contract.

Victor

If the contract if for something to do with the hotel and the contract is signed in the name of the hotel, e.g. provide a laundry service, then the contract is with the hotel. If its to provide insurance for the managers private house, then it would follow the person that was the manager.

Let me guess, someone is trying to get out of a written contract by saying there has been a change of personnel.

partyguinness

The Contract is with the hotel. Of course the Contract would have to be examined in it's entirety. The General Manager has ostensible authority to bind the hotel.

markwho

Yeah, its exactly like that. Ringing up a hotel at work to book in times for renewal of work. Being told to go away, new GM. nothing to do with them. Even though they signed 3 year contract to get a renewal of work every 12 months. Their argument is that it was the old GM who signed the contract, and it lies with him.

partyguinness

markwho wrote: »

Yeah, its exactly like that. Ringing up a hotel at work to book in times for renewal of work. Being told to go away, new GM. nothing to do with them. Even though they signed 3 year contract to get a renewal of work every 12 months. Their argument is that it was the old GM who signed the contract, and it lies with him.

That's a load of bollocks...dont buy that.

Go to your solicitor and get him to write to them in no uncertain terms that you mean business.

Cunsiderthis

markwho wrote: »

Yeah, its exactly like that. Ringing up a hotel at work to book in times for renewal of work. Being told to go away, new GM. nothing to do with them. Even though they signed 3 year contract to get a renewal of work every 12 months. Their argument is that it was the old GM who signed the contract, and it lies with him.

While it's no doubt irritating, it's going to cost you money if you want to pursue this legally and, depending on what the service is for, the contract might not be as watertight as it appears.

What is the annual value of the contract to you? And how easy will it be for the hotel to claim your service did or does not live up to their expectations?

markwho

Cunsiderthis wrote: »

While it's no doubt irritating, it's going to cost you money if you want to pursue this legally and, depending on what the service is for, the contract might not be as watertight as it appears.

What is the annual value of the contract to you? And how easy will it be for the hotel to claim your service did or does not live up to their expectations?

It might not just be worth it to chase, it could simply be done to the fact that they dont have the money.
The annual value of the contract would only be €6000, and it would be very difficult for them to claim the service didnt live up to their expectation. Cos they have to sign a form of satisfaction after the job was done, to say they were 100% satisfied with the job. If they weren't at the time, then we wouldnt have much to say now, and we wouldnt have gone on with projections of the job being done etc.
Guess its just the times we live in, even big hotels are seriously struggling.

Tom Young

Hire a solicitor who undertakes debt collection.