Clause & Effect: Payment Due Dates
CLAUSE: An invoice for Group charges will be forwarded to Group within thirty (30) days after Group departure. Payment is due within 30 days of invoice date. Any unpaid balance will be subject to 1.5 percent interest charge per month.
EFFECT: What this standard clause doesn't take into effect is charges that might be disputed — either because attrition is due and there is some dispute about calculation or mitigation, or because there are items on the invoice that shouldn't be there. Both of these are common occurrences. If the group doesn't pay the disputed charges, the language in this clause would seem to indicate that interest will accrue on those unpaid charges.
Although many hotels will, by practice, not charge interest on disputed charges until the dispute is resolved, it is advisable to spell this out in the contract. Better language for this clause would state that undisputed charges are due within 30 days and that no interest is due on disputed charges until 30 days after the dispute is resolved.
Tyra W. Hilliard, Esq., CMP, is an educator, consultant, and attorney on legal, risk management, and ethical issues. Her consulting and law practice focuses on representing associations, nonprofits, and independent meeting and event professionals. Her Web site is www.tyrahilliard.com and she can be reached by e-mail at tyra.hilliard@gmail.com.
For more free legal advice, visit our law and contracts page.
More Clause and Effect Columns:
Clause and Effect: Attrition
Clause and Effect: Cancellation Policy
Clause and Effect: War and Force Majeure
Clause and Effect: Indemnification and Hold Harmless
Clause and Effect: Construction, Remodeling, and RenovationClause and Effect: Dispute Resolution
Clause and Effect: Function Room Assignments
The Five Toughest Meeting Clauses
The Five Toughest Meeting Clauses
Destinations and Legal Jurisdications
Clause and Effect: Disclosing Taxes, Fees, and Surcharges
Clause and Effect: Overbooking and Guest “Walking”
Clause and Effect: Use of Outside Contractors
Clause and Effect: Conflicting Groups
Clause and Effect: Lowest Rate Clauses
Clause and Effect: Food Donations
Americans with Disabilities Act
Clause and Effect: Early Departure Fees
Clause and Effect: Complimentary Room Nights
Clause and Effect: Hotel’s Right to Eject Troublemakers
Clause and Effect: Hotel’s Right to Modify Meeting Space
Clause and Effect: Marriott and the IATA Requirement
Clause and Effect: Establishing Credit
Clause and Effect: Putting Group Charges on the Master Bill
Clause and Effect: Third-Party Commission Clauses
Clause and Effect: Disputing Charges
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