Legal

Owner’s exit strategy: managing in France the termination of a Hotel Management Agreement

Owner’s exit strategy: managing in France the termination of a Hotel Management Agreement

The owner’s exit strategy must be considered as soon as the operator is selected, and the Hotel Management Agreement (HMA) negotiated. Indeed, a well-structured exit strategy can help avoid a costly dispute and preserve an asset’s value and liquidit...

Christopher Boinet

Christopher Boinet

Lawyer at the Paris Bar and Partner at In Extenso Avocats

In Extenso Avocats

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Owner’s exit strategy: managing in France the termination of a Hotel Management Agreement

Renewing a Hotel Restaurant Lease in France: Mastering the Concept of “Monovalency”/Single Use for Rent Optimisation

When a commercial lease comes up for renewal, the new rent amount is usually determined through indexing. However, there are exceptions to this rule. In particular, this does not apply when renewing leases for “monovalent” or “single-use” premises. ...

Christopher Boinet

Christopher Boinet

Lawyer at the Paris Bar and Partner at In Extenso Avocats

In Extenso Avocats

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In Extenso Avocats

Why reps and warranties in France are essential when selling a hotel

The bedrock of any hotel transaction, representations and warranties (“reps and warranties”)1 offer protection to the buyer by guaranteeing that a business’s assets and liabilities conform to the statements of fact made by the seller. Here, we outli...

Christopher Boinet

Christopher Boinet

Lawyer at the Paris Bar and Partner at In Extenso Avocats

In Extenso Avocats

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In Extenso Avocats

Successfully negotiating a “reverse” hotel management agreement in France

With the rise of “reverse” hotel management agreements (HMA), efficiently negotiating with international hotel operators makes it possible for owners to reconcile investment profitability with operational and financial risk control.

Christopher Boinet

Christopher Boinet

Lawyer at the Paris Bar and Partner at In Extenso Avocats

In Extenso Avocats

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In Extenso Avocats

Recommended governing law and jurisdiction clauses in French hotel management agreements

Dispute resolution is a key discussion point, all too often overlooked in complex, long-term hotel management agreements (HMAs). The same applies to the prevailing language clause, and French investors should pay particular attention to such issues ...

Christopher Boinet

Christopher Boinet

Lawyer at the Paris Bar and Partner at In Extenso Avocats

In Extenso Avocats

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In Extenso Avocats

Hotel management agreements in France and the controversy surrounding the French versus English version

Can international hotel operators push for the English version of a hotel management agreement (HMA) executed in France to be legally enforced? The legal and operational aspects of the contract version are non-negligible, and the interests of each p...

Christopher Boinet

Christopher Boinet

Lawyer at the Paris Bar and Partner at In Extenso Avocats

In Extenso Avocats

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In Extenso Avocats

Hotel performance test clauses in France – simple wording for maximum success

Termination clauses in hotel management agreements (“HMAs”) are keenly negotiated by owners to ensure the liquidity of their investment. These usually include a termination provision in the event the operator underperforms, generally known as a perf...

Christopher Boinet

Christopher Boinet

Lawyer at the Paris Bar and Partner at In Extenso Avocats

In Extenso Avocats

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National & International Policy

In Extenso Avocats

Ad hoc mandates “mandat ad hoc“ for expediating discussions with creditors in France

The French ad hoc mandate is a confidential procedure for the out-of-court settlement of disputes Its aim is to remedy a company’s financial situation before it is declared insolvent. The merits of ad hoc mandates , subject to the article L 611-3 of...

Christopher Boinet

Christopher Boinet

Lawyer at the Paris Bar and Partner at In Extenso Avocats

In Extenso Avocats

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In Extenso Avocats

Hotel management agreements offer flexibility for hotel investment in France

Under the influence of international operators, hotel management methods in France and Europe have evolved, with management agreements increasingly being favoured over leases. The profile of hospitality investors has also changed, with highly profes...

Christopher Boinet

Christopher Boinet

Lawyer at the Paris Bar and Partner at In Extenso Avocats

In Extenso Avocats

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In Extenso Avocats

European Court of Justice to clarify competition law questions for online travel agencies

European Court of Justice to clarify competition law questions for online travel agencies

Online travel platforms increase choice and transparency for consumers and make it easier for hotels to reach a worldwide audience. Parity clauses, which address the risk of hotels free-riding on a platform, have been a hot topic in competition law ...

Ben Schroeter

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Online Travel Agencies (OTA)

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National & International Policy

European Court of Justice to clarify competition law questions for online travel agencies