CHAPTER 3

• • Compliance in or approval of what is done or proposed by another.
  • means to agree to do something or to give permission.
  • permission for something to happen or agreement to do something.
  • to agree to do or allow something

  Consent
• • it is an agreement by a client to accept a course of a treatment
  • is the responsibility of the person performing the procedure
  • is documented by means of a written, signed and dates consent form
  • to be informed
  • content must be given by persons who are competent to consent ex. medical procedure

  Informed Consent
• • is consent inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction).

  Examples include unambiguously soliciting or initiating sexual

  activity

  Implied Consent
• • is related to Privacy. In general terms, you are under an obligation to keep customer information private/confidential.
  • involves a set of rules or a promise usually executed that limits access or places restrictions on certain types of information
  • The state of keeping/being kept secret/private
  • Respecting someone's privacy
  • protects reputation
  • prevents misuse of information

  Confidentiality
• Importance of Confidentiality

  Maintaining privacy helps to protect participants from potential harms including psychological harms
• • refer to unauthorized access, use or disclosure of confidential information. This can be either accidental or intentional.

  Breaches of Confidentiality or Confidentiality Breaches
• include a person's phone number and address, medical records, and social security. financial records, trade secrets, customer information, and marketing strategies.

  Confidential Information
• No one can contract to engage in illegal behavior, and if someone is in immediate danger, it's your duty to take steps to protect him.


  Exception to confidentiality
• The matters about which you are expected to maintain confidentiality include:

  • Details about in-house security
  • Details about t- rade
  • Details of p- urchase made by the organization
  • O- ccurrences within the p- remises
• Data of Guests that should be kept confidential:

  • P- ersonal Information
  • F- inancial Information
• Data Privacy in the Philippines

  Republic Act No. 10173 – Data Privacy Act 2012
• • An act protecting individual personal information in information and communications systems in the government and the private sector, creating for this purpose a national privacy commission, and for other purposes

  Republic Act No. 10173 – Data Privacy Act 2012
• Why is protecting confidentiality important?

  • Failure to properly secure and protect confidential business information can lead to the wrong hands, confidential information can be misused to commit illegal activity (e.g. fraud or discrimination), which can in turn result in costly lawsuits for the employer.
• As a hospitality and tourism, it’s your duty to keep customer’s information safe. Consider the following:

  • Be T- ransparent
  • E- mployee training
  • R- estrict access to sensitive information
  • N- ever sell information
• • is an agreement between parties, creating mutual obligations that are enforceable by law.
  • is a legally binding agreement which recognizes and governs the rights and duties of the parties to the agreement
  • is legally enforceable because it meets the requirements and approval of the law

  Contract
• an agreement typically involves the exchange of goods, services, money or promises of any of those
• is a written agreement between the owner and the operator of the hotel. The management contract company has the power to recruit and fire the  employees. 

  Hotel management contract
• Characteristics of a CONTRACT:

  1. V- alid, v- oid, v- oidable or u- nenforceable
  2. E- xpress or I- mplied
  3. B- ilateral or U- nilateral
  4. O- ral or w- ritten
• a contract that is legally good (legally binding)


  Valid
• • a contract lacks one or more of the elements of a contract
  • has no legal effect (ex. contract that involves something illegal)

  Void
• either party can cancel the contract for a legal reason

  Voidable
• a contract that will not hold up in court, usually because of some rule of law

  Unenforceable
• a contract statement that may be oral or written

  Express
• contract that comes about from the actions of the parties (no words are required)

  Implied
• Both parties promise to do something

  Bilateral
• one party promises to do something only if the other party does something

  Unilateral
• • created by word of mouth
  • Both parties agree to do something, but nothing is written down
  • Can be hard to prove if there is ever a dispute

  Oral
• • contract is put into something
  • Safer due to hard evidence of an agreement or contract
  • Both parties know the exact terms due to it being in writing

  Written
• requires certain contracts must be in writing to be enforceable

  Statue of Frauds
• The offer may set a time limit for the acceptance of the offer

  Expiration of time
• if the offeror dies or becomes insane before the offer is accepted, the offer is no longer valid

  Death or Insanity