Hospitality

Legal representation in the hotel world requires familiarity with the connection between real estate, planning and construction, contracts, operations, suppliers and regulation. A hotel or hospitality complex is not just an asset: it is an active business with many contact systems and risks that vary from the initiation phase to the ongoing operations.

Who is the legal assistance intended for?

The accompaniment is suitable for owners of hotels and hospitality complexes, entrepreneurs, operators, management companies, investors and real estate owners who wish to establish, purchase, rent, operate or sell a hotel activity. The scope of treatment is determined according to the stage of the project and the main legal risk.

Construction, purchase and real estate

Before construction or purchase, check the rights to the property, the designation and permitted uses, planning restrictions, licensing and existing contracts. In an existing transaction, it is important to distinguish between the purchase of the land, the purchase of the operating company, and the purchase of the activity or equipment, because each transaction structure creates other obligations and risks.

In the aspects of the property, an inspection can be integrated into the frameworkLand and real estateAnd in the case of planning or uses also within the frameworkPlanning and construction laws.

Management and operation agreements

A hotel management agreement should define the division of responsibilities between the owner and the operator, budget and flow, operational standards, personnel, procurement, marketing, brand use, reporting, insurance, performance goals and termination mechanisms. Too general wording leaves the dispute for a moment when the business is already active.

Along with the management agreement are sometimes requiredcommercial contractsWith food suppliers, cleaning, booking systems, events, maintenance, contractors and service providers.

Regulation and ongoing management

• Examination of licenses, permits and uses required for the activity.
• Agreements with suppliers, operators, franchisees and business customers.
• Cancellation policy, orders, events and consumer communications.
• Treatment of contractual, insurance and operational exposure.
• Accompanying management decisions and changes in the activity structure.

The requirements vary according to the type of complex and the services provided in it. A hotel with a restaurant, spa, pool or events is not similar to a small hospitality complex, so start by mapping the activity and not with a uniform list of documents.

Disputes and crises

A dispute between an owner and an operator, a breach of an agreement, a bad debt, a project failure or a claim from a customer require a response that also takes into account the continuation of the activity and the reputation. Before legal proceedings, the agreement, the evidence, the possible remedies and whether negotiation or mediation can achieve a more effective result are checked.

In case of dispute can be combinedAccompanying in business disputesOrDealing with breach of contract and financial claim.

How does the process begin?

• Define the transaction, project or problem and the desired business result.
• Collect the basic agreements, the property documents, the licenses and the obligations of the parties.
• Risks are mapped according to urgency and impact on the activity.
• Build an order of operations: inspections, documents, negotiations, approvals or legal proceedings.
• Establish a regular monitoring mechanism to handle changes before they become a crisis.

Legal support connected to the activity

The goal of accompanying a hotelier is not only to draw up a contract, but to make sure that the structure of the contract fits the way the hotel actually operates. When you pre-define powers, responsibilities, budget, reporting and an exit route, it is easier to manage the activity and handle a dispute if it arises.

The information on the general page only. In each project, the property, the structure of the transaction, the scope of the activity and the relevant regulation must be checked.