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PANEL DISCUSSION
Sources of law: Primary and Secondary Sources
Panelists: Abhishek Rokka, Garima Khadka, Bipana Rai, Abhisekh
Chaudary, Karma Maharjan
Facilitator: Aryan Basnet
Co-facilitator: Padmini Rajopathyaya
Guests: Bhu Prasad Sharma, Bishow Raj Joshi
LEGAL ENVIRONMENT OF
HOSPITALITY
Bishow Raj Joshi
Advocate
BRAINSTORMING
• A restaurant guest is unhappy with the quality of service
provided during his meal. He complains to the manager and
angrily demands his money back, but his meal has been
eaten.
• Is the guest legally entitled to a refund?
• A hotel guest maintains that a $ 50 bill she had left on her
bedside table was gone when she returned to her room after
going out for lunch.
• Is the hotel required to replace the funds?
• A resort employee is arrested by the local police for driving
under the influence of alcohol. He is employed by the hotel as
a car driver, but was not on duty at the time of arrest.
BRAINSTORMING
• A hotel food and beverage director is presented with a bottle
of rare and expensive wine as a Christmas Gift from her linen
vendor.
• Can she legally accept the gift without threatening her
employment status?
• A franchise restaurant owner receives a letter from her
franchisor stating that the “casual Friday” dress code policy
recently adopted by the owner is in violation of the franchise
agreement.
• Must the owner change her policy?
INTRODUCTION TO LEGAL
ENVIRONMENT (1)
Legal aspects of guest host relation
Legal aspects of employer and employees in this sector.
The legal environment provides legitimacy, security and peaceful industrial
situation to the business and industry.
So, law is not only about constraining the authorities and powers but also
about facilitating and empowering the dedicated ones in the trade and
industry.
INTRODUCTION TO LEGAL
ENVIRONMENT (2)
• Every business is concerned with the laws and regulations that are applicable to
the business.
• Business organization need to comply with sets of rule and regulations of the
country.
• To have a flourished and prosperous business, there must be a suitable,
conducive and sound legal environment.
• Legal environment of hospitality and tourism is legal framework of that
business with the effect of law on hospitality and tourism sector.
• It is related to the study of legal atmosphere of the hospitality.
• The legal regulations are not threat in themselves but non-compliance may
result into certain kinds of monetary and non-monetary punishments
• The relation and effect of law and hospitality industry.
TOMORROW: FACTORS THAT INFLUENCE LEGAL
ENVIRONMENT OF HOSPITALITY SECTOR
Project: Collect the factors that influence legal environment of hospitality
sector
FACTORS THAT INFLUENCE
LEGAL ENVIRONMENT
Laws
Working condition
Working atmosphere
Peace and security condition
National culture (atithi devo bhaba)
Political culture and situation (stability or instability )
National and international relation
Enemy nations
Human resources, etc.
BUSINESS FORMS IN
HOSPITALITY IN NEPAL
•Private firm registration Act 2014
•Partnership Act 2020
•Company Act 2063
PRIVATE FIRM/ SOLE
TRADE BUSINESS
Meaning
Registration
Characteristics
Duty
Cancelation / dissolve
INTRODUCTION OF THE
HOSPITALITY LAW
Hospitality=well coming / receiving /
Law = rules and regulations
Rules /laws relating to the area/ sector of hospitality
Laws which regulates the hospitality business sector
Human resources, capital ,labor relation conducting according to the law in
hospitality
According to section 2(a) private firm registration Act
2014: a private firm is a business established by an
individual in his/her own name or nick name for the
purpose of commerce.
Private firm is a sole trade business. It is owned by a
single person/ individual.
CHARACTERISTICS OF SOLE
TRADE
It is individual owned business
Easy to establish and easy to dissolve
Small type of business
It has unlimited liability
REGISTRATION OF SOLE
TRADE
Sole trade business must be registered at department of commerce.
Registration fee/ royalties needed to pay as per capital investment.
One has to fill up a form and submit to register
In that form information like name of the owner, address of the owner, name
of mother/father of the owner, name and address of the firm, capital
investment to the firm, description of the business should be written.
DUTIES OF SOLE TRADER
Registration in concerned government offices
Obtain required licenses
Pay tax
Renewal as per law
Follow business law and ethics
Submit administrative, business and financial report to authority
Follow/obey instructions given by concerned government authorities.
CANCELATION OF SOLE
TRADING CONCERN
Voluntary cancelation : by the application of the owner
Forceful cancelation : by the government authority if the firm fails to fulfil
legal duties. Cancelation as punishment.
PARTNERSHIP BUSINESS
Meaning
Registration
Characteristics
Duty
Cancelation
Meaning of partnership business:-
Partnership business is a firm established by two or more partners for a
common business purpose.
CHARACTERISTICS OF
PARTNERSHIP
Multiple partners
Common purpose of partners
Mutual written agreement
Active and passive partners facility
Different ratio of investment and profit sharing facility
Unlimited liability
COMPANY
Company is meant an association of many persons who contribute money or
money’s worth to a common stock and employ it for a common purpose.
Company is an association for profit with capital divisible into transferable
shares with limited liability having a corporate body and a common seal.
PRINCIPLES OF THE
HOSPITALITY LAW
Ignorance of law is no excuse
Hospitality is the way of service, be hospitable, be pleasant
Principle of exchange of benefit. Both the guest and host must be benefited
Principle of customer care. Customer is always right, customer is first
Principle of truth in menu. Treat, serve the guest as per your menu.
Principle of prompt solution. Listen to your guest , honest is must
A satisfied guest is thousand times better than any other advertisement
A host can’t refuse a guest, either s/he is a weary, noble person or a beggar.
GENERAL INTRODUCTION TO
PROFESSIONAL
ORGANIZATIONS IN
HOSPITALITY SECTOR
Hotel association of Nepal : general introduction, establishment, right, duty and function
International hotel and restaurant association : general introduction, establishment, right
duty and functions
These are advocacy groups. Umbrella organizations
Established for the interest protection of their members
Helps the governments to give feedbacks, inputs suggestions.
Works to bridge between the members, organizations and governments. Helps to
introduce code of conducts and to systematize the hospitality business.

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Legal Environment of Hospitality.pptx

  • 1. PANEL DISCUSSION Sources of law: Primary and Secondary Sources Panelists: Abhishek Rokka, Garima Khadka, Bipana Rai, Abhisekh Chaudary, Karma Maharjan Facilitator: Aryan Basnet Co-facilitator: Padmini Rajopathyaya Guests: Bhu Prasad Sharma, Bishow Raj Joshi
  • 3. BRAINSTORMING • A restaurant guest is unhappy with the quality of service provided during his meal. He complains to the manager and angrily demands his money back, but his meal has been eaten. • Is the guest legally entitled to a refund? • A hotel guest maintains that a $ 50 bill she had left on her bedside table was gone when she returned to her room after going out for lunch. • Is the hotel required to replace the funds? • A resort employee is arrested by the local police for driving under the influence of alcohol. He is employed by the hotel as a car driver, but was not on duty at the time of arrest.
  • 4. BRAINSTORMING • A hotel food and beverage director is presented with a bottle of rare and expensive wine as a Christmas Gift from her linen vendor. • Can she legally accept the gift without threatening her employment status? • A franchise restaurant owner receives a letter from her franchisor stating that the “casual Friday” dress code policy recently adopted by the owner is in violation of the franchise agreement. • Must the owner change her policy?
  • 5. INTRODUCTION TO LEGAL ENVIRONMENT (1) Legal aspects of guest host relation Legal aspects of employer and employees in this sector. The legal environment provides legitimacy, security and peaceful industrial situation to the business and industry. So, law is not only about constraining the authorities and powers but also about facilitating and empowering the dedicated ones in the trade and industry.
  • 6. INTRODUCTION TO LEGAL ENVIRONMENT (2) • Every business is concerned with the laws and regulations that are applicable to the business. • Business organization need to comply with sets of rule and regulations of the country. • To have a flourished and prosperous business, there must be a suitable, conducive and sound legal environment. • Legal environment of hospitality and tourism is legal framework of that business with the effect of law on hospitality and tourism sector. • It is related to the study of legal atmosphere of the hospitality. • The legal regulations are not threat in themselves but non-compliance may result into certain kinds of monetary and non-monetary punishments • The relation and effect of law and hospitality industry.
  • 7. TOMORROW: FACTORS THAT INFLUENCE LEGAL ENVIRONMENT OF HOSPITALITY SECTOR Project: Collect the factors that influence legal environment of hospitality sector
  • 8. FACTORS THAT INFLUENCE LEGAL ENVIRONMENT Laws Working condition Working atmosphere Peace and security condition National culture (atithi devo bhaba) Political culture and situation (stability or instability ) National and international relation Enemy nations Human resources, etc.
  • 9. BUSINESS FORMS IN HOSPITALITY IN NEPAL •Private firm registration Act 2014 •Partnership Act 2020 •Company Act 2063
  • 10. PRIVATE FIRM/ SOLE TRADE BUSINESS Meaning Registration Characteristics Duty Cancelation / dissolve
  • 11. INTRODUCTION OF THE HOSPITALITY LAW Hospitality=well coming / receiving / Law = rules and regulations Rules /laws relating to the area/ sector of hospitality Laws which regulates the hospitality business sector Human resources, capital ,labor relation conducting according to the law in hospitality
  • 12. According to section 2(a) private firm registration Act 2014: a private firm is a business established by an individual in his/her own name or nick name for the purpose of commerce. Private firm is a sole trade business. It is owned by a single person/ individual.
  • 13. CHARACTERISTICS OF SOLE TRADE It is individual owned business Easy to establish and easy to dissolve Small type of business It has unlimited liability
  • 14. REGISTRATION OF SOLE TRADE Sole trade business must be registered at department of commerce. Registration fee/ royalties needed to pay as per capital investment. One has to fill up a form and submit to register In that form information like name of the owner, address of the owner, name of mother/father of the owner, name and address of the firm, capital investment to the firm, description of the business should be written.
  • 15. DUTIES OF SOLE TRADER Registration in concerned government offices Obtain required licenses Pay tax Renewal as per law Follow business law and ethics Submit administrative, business and financial report to authority Follow/obey instructions given by concerned government authorities.
  • 16. CANCELATION OF SOLE TRADING CONCERN Voluntary cancelation : by the application of the owner Forceful cancelation : by the government authority if the firm fails to fulfil legal duties. Cancelation as punishment.
  • 18. Meaning of partnership business:- Partnership business is a firm established by two or more partners for a common business purpose.
  • 19. CHARACTERISTICS OF PARTNERSHIP Multiple partners Common purpose of partners Mutual written agreement Active and passive partners facility Different ratio of investment and profit sharing facility Unlimited liability
  • 20. COMPANY Company is meant an association of many persons who contribute money or money’s worth to a common stock and employ it for a common purpose. Company is an association for profit with capital divisible into transferable shares with limited liability having a corporate body and a common seal.
  • 21. PRINCIPLES OF THE HOSPITALITY LAW Ignorance of law is no excuse Hospitality is the way of service, be hospitable, be pleasant Principle of exchange of benefit. Both the guest and host must be benefited Principle of customer care. Customer is always right, customer is first Principle of truth in menu. Treat, serve the guest as per your menu. Principle of prompt solution. Listen to your guest , honest is must A satisfied guest is thousand times better than any other advertisement A host can’t refuse a guest, either s/he is a weary, noble person or a beggar.
  • 22. GENERAL INTRODUCTION TO PROFESSIONAL ORGANIZATIONS IN HOSPITALITY SECTOR Hotel association of Nepal : general introduction, establishment, right, duty and function International hotel and restaurant association : general introduction, establishment, right duty and functions These are advocacy groups. Umbrella organizations Established for the interest protection of their members Helps the governments to give feedbacks, inputs suggestions. Works to bridge between the members, organizations and governments. Helps to introduce code of conducts and to systematize the hospitality business.