Does a pandemic qualify for business interruption insurance? It's a question hoteliers shouldn't be asking themselves, but rather, their insurance company.
On November 3rd, Californians voted to approve Proposition 24 which amends the California Consumer Privacy Act to include expanded consumer rights and greater privacy protections. Bob Braun, senior member of JMBM's Global Hospitality Group® and Co-Chair of the Firm's Cybersecurity & Privacy Group, explains the major provisions of the Act and discusses the challenges hotels face as they look to address its requirements.
The Hotel Law Guide helps serve hotel real estate owners, developers and operators as a reference for experienced and well-known lawyers and attorneys with a track record in Asia Pacific region. Each law firm highlights their representative attorneys with the type of services offered and notable projects.
As of the writing of this article we are in the early stages of evaluating the impact of the COVID-19 virus on the U.S. lodging industry. Owners and operators are discussing the potential use of business interruption insurance (BI) to cover expected losses in profits. Business interruption insurance covers the loss of income that a business suffers after a disaster. It is designed to put a business in the same financial position it would have been in if no loss had occurred. Owners and operators are encouraged to review their BI policies to determine if their businesses are covered from any losses attributable to the COVID-19 virus.
As the UK looks to emerge from the COVID-19 lockdown, business leaders have been calling upon the Government to set out its plan for how we might return to some sense of normality. Unsurprisingly, the hospitality industry has been amongst the most vocal, given numerous concerns over the practicalities of reopening venues under social distancing guidelines.
Returning to operations in our new environment is sure to bring many expected and unexpected challenges. Between figuring out social distancing protocols and mitigating risk throughout the property, hotels will be contending with a lot as we move through the coming months and years.
With governments, communities and businesses taking action to tackle the COVID-19 pandemic and support the welfare of their people, staff and customers, the hospitality industry is playing their part.
Force majeure provides an excuse for a party's non-performance of its contractual obligations as a result of an extraordinary event or circumstance beyond the control of the parties, such as act of God, war, strike, riot, etc.
One often doesn't know the extent of one's insurance coverage until a calamity occurs. So it is with force majeure provisions in contracts. Typically, force majeure provisions are included in contracts to excuse a party from contractual obligations if some unforeseen event beyond its control prevents performance of its contractual obligations.
Overtourism is now a term that is frequently used to describe the negative impacts of excessive tourism on a destination. The impacts of overtourism are numerous and even if the term is quite new, we can find traces of this concept already among scholars in the beginning of mass tourism. Plog, for example, related the evolution of the number of tourists in a destination to the type of tourists visiting that same destination.
Can a hotel ever truly achieve flawless performance? And, if so, how would one measure this accomplishment?
On May 25, 2018, the EU General Data Protection Regulation (GDPR) came into effect in an effort to protect consumer data for all citizens of the European Union and the European Economic Area.
The Tourism/Visitor industry is a one of the world's great industries. Large industries, however, mean that there are large cash flows and large amounts of cash often mean multiple lawsuits and other legal problems. Often local CVBs or tourism offices are unaware of their own nation's laws and obligations. This ignorance of the law can be very costly. Tourism Tidbits does NOT give legal advice, and it strongly encourages all readers to ask specific questions to a licensed tourism legal professional. Please note that the information found below is only meant to be useful in helping tourism/travel professionals to obtain the correct needed legal advice to stay out of court or to defend oneself once in court. -Take the time to ask you legal team to develop a series of questions about tourism law? What questions are you not asking? In what areas of the law are you ignorant or ought you to have more information? Then do a tourism law legal assessment with your legal staff, professional or department? With what laws are you failing to comply? What are the consequences of a compliance failure?-Review the statues concerning your aspect of the tourism industry on a regular basis with a qualified legal expert. Often tourism bureaus hire lawyers and legal experts who have never studied their part of tourism law. As tourism and terrorism become more intertwined it is essential to know your city's, state's or nation's legal requirements. For example, there is a section of the US PATRIOT act and published in the Federal Registry of Friday May 9th,2003 (Vol.68, Number 90m p.25092) which specifies casino's legal duties in anti terrorism. Casinos that chose to ignore this act may be faced with a very difficult situation. -Develop a tourism/travel legal information exchange. Tourism law is so complicated and changes so quickly that many legal experts are simply overwhelmed by it. Therefore there is no "one stop legal shopping". Instead develop with other local professionals a listing of who is an expert in various aspects of tourism law. Develop tourism law exchanges and remember that a legal mistake in any one part of the tourism industry can impact the entire industry. Do not forget to include the local police departments in these seminars and work with its members so that the local police department does not act (or fail to act) due to legal confusion. -Review your obligations and duties with your legal staff. How are these different within different types of law such as maritime law, international law, airline codes, local property law, contract law or statutory law? Then make sure that you understand legal subtleties. For example you should know if there are differences between a local person as a guest in your hotel or a visitor as a guest? Do you know your rights and obligations with a trespasser? How are you expected to treat a VIP and is there a clear definition of who is and who is not a VIP? -Know what help can you expect from a government regarding damages? In some nations, tourism is considered a critical asset and governments have special agencies to help with recovery. For example, in the US Homeland Security and FEMA may be able to provide funding which will aid you in avoiding a costly lawsuit. The smart tourism/travel professional takes the time to meet with government agencies to learn of all of their services and what legal help these agencies can provide.-Know what types of damages can you be accountable for and for which types of damages can you not be held accountable!. Tourism is different from other types of laws in that the victimizer and the victim may not be in the same community? What are your rights and obligations if you are sued from a different locale? How can you protect your community from someone who comes into it, victimizes it and then leaves? Are there different laws dealing with how locale interacts with physical damages or financial damages or emotional damages caused by a ruined vacation? -Do you know what are your assets? Many tourism assets are non-tangible assets? For example, is your locale's reputation an asset? How much damage someone coming to do harm might do to the reputation of the locale? What is the asset damage multiplier effect? If your business goes under how much are other tourism related businesses impacted by your error or having suffered an attack? -Make sure that you understand the differences between a criminal act and a terrorist act. These two negative events have very specific definitions in different nation's laws and the legal consequences are determined by how the courts may define the event. It is essential that you review with your legal team these differences and understand what your rights and responsibilities are should either of these two events occur. -Take the time to review what is happening in the world. Are you aware of the tourism risks that your particular industry is facing? All too often tourism/travel professionals are stuck in the old paradigm that stated that tourists were afraid of security and the less mentioned the better. Today's world is different. It is essential that your visitors understand that you locale worries about all aspects of security, from food safety to terrorism, from mismanaged property to crime on the streets. The best way to avoid or win a lawsuit is to take the time to do good risk management and know what are your obligations.Again, please consult a licensed legal professional before making any decision. The above is merely to present questions for you to consider with your legal professional.
Nothing irks people more than paying for something they don't need or use. I once paid $50 for a pair of pants I never ended up wearing—but that's on me. I'm to blame. It's another thing altogether when you are forced to pay for a pair of pants that you didn't want in the first place.
Hotel Lawyer: We hate to say "we told you so" on Resort Fee litigation
Look at these two coffee mugs. Both say Pantone Universe (trademarked) on the surface. But one is a knockoff. Can you tell which one?
Change is inevitable, and more so in an industry as dynamic as hospitality. Market performance, lending environment, number of players, owner and operator objectives, costs and margins, and customer profile are all changing almost constantly, and so are hotel management contracts that have evolved remarkably in India in the past decade. Once an operator stronghold, hotel management agreements had little to no room for negotiations, leaving an inexperienced owner (with no expert advice) with a sub optimal contract. However, the game is now changing!
On August 1st, the city of Miami Beach, Florida will require all hotels to implement "Employee Safety Devices, AKA Panic Buttons, AKA Staff Alert" in their properties. Miami Beach is important because it will induce a 12-month domino effect, in which all hotels across the USA will be required to implement Employee Safety Devices.
The hotel business is unique with owners, brands and assets all vying for their individual needs and attention. All the while this delicate balance has some interesting business characteristics that are essential for hospitality financial leaders to understand. It's not terribly complicated, quite the opposite. It hides out in plain sight, so it can be easy to miss if you're not looking for it. I can remember an old boss telling me his thoughts on what I call "owner spend." I thought at the time he was full of whatever, yet the concept was bold and incredibly clear. It also struck me in that moment that no one else had ever spoken of this, in exactly this way in my many years working inside a large brand. Owner spend is the key to understanding the relationship between the owner and the brands and it plays out inside each individual asset on a daily and annual basis in a managed hotel.
This is a special case that I've been waiting to write about since it hit the airwaves here in Canada in late October. Most interesting here is that it has a few powerful implications for the fight traditional hotels are facing against industry disruptors coming in the form of home sharing.