The Allotment Contract through the Hotel-keeper's General and Special Liability for Damage

Oliver Radolovic


The hotel-keeper is liable for any damage due to breach of the allotment contract. His liability is divided into two types: 1.) general liability - that derives from the agency hotel-keeper's contract and 2.) special liability - characteristic only for the allotment contract. His most important general liability is the liability for non-payment of the commission and his most common special liability is the liability for non-providing the allotment accommodation. The purpose of the paper is to analyze the hotel-keeper's contractual liability for non-payment of the commission and non-providing the allotment accommodation to the agency and its guests through the solutions of the comparative laws (of Croatia, France, Germany, Italy, UK and USA) and at the EU and international law level. The results of the paper are answers to given theoretical questions (damage to a double subjectivity, the types of damage and liabilities, and the comparative solutions) and the synthesis of the hotel-keeper's liability in the allotment contract analysis. The conclusion is the need of adoption of an international convention that would regulate the allotment contract content, especially regarding the liabilities of the parties.

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