HOSPITALITY INDUSTRY

Both the classic hotel business and new hotel-related concepts like private residences, serviced apartments, fractional ownership, mixed use etc. are - for various reasons - growth segments in which market participants keep initiating and realising projects and transactions regardless of the economic cycle.

We provide interdisciplinary advice for every step of all projects relating to hotel business and hotel-related investments for all project parties, especially

• Initiators
• Hotel operators and hotel management companies
• Franchisors and franchisees
• Reservation and swap systems
• Owners and lessors of properties
• Strategic investors and financial investors
• Planner, general contractors, project managers
• Service and service provider companies
• Coordination of all relevant issues and aspects with in-house and external specialists of other disciplines (technical component)
• Balanced consideration of operating, commercial, legal and tax aspects (integrated viewpoint)
• Advisory services for German projects both nationally and internationally in cooperation with local experts in agreement with our clients
• Advisory services for foreign investors upon entering the German market

We will especially assist you in the following special legal issues:

Legal questions regarding the awarding, planning and realisation of projects

• Law regulating the awarding of contracts, planning law, building law, Emissions Control Act

Legal structuring of project participation

• Transaction-related legal & tax due diligence investigation
• Negotiation and implementation of projects and transactions
• Letter of Intent (LOI) / Memorandum of Understanding (MOU)
• Project development agreements
• Joint venture agreements, shareholders’ agreements
• Management, franchise, lease and hybrid agreements
• Licensing agreements, technical service agreements
• Purchase and financing agreements regarding properties, FFE etc.
• Sale & lease back and sale & manage back

Ongoing legal advice in the course of operations

• Civil law related questions regarding the operation and marketing of properties used for touristic purposes (especially contract-related issues concerning the relation B2B and B2C, general terms and conditions, law regulating distribution and advertising, defence against unfair competition, insurance law etc.) 
• Advice on labour and social security law

Ongoing tax consulting and assistance

• Financial accounting in consideration of the Uniform System of Accounts for the Lodging Industry (USALI)
• Special payroll accounting questions
• Annual financial statements
• Tax returns
• Assistance in the scope of tax field audits
• Legal protection in tax matters

Special audit and business consulting issues

• Financial due diligence investigation in the scope of transactions and projects
• Support in the planning process (projects, companies)
• Set up of special controlling and reporting
• Profitability simulation
• Verification of project and yield calculations
• Advice on the choice and use of financing concepts, especially classic bank financing, project financing, fund financing, sale and lease back, structured / hybrid financial instruments
• Use of grants and subsidies
• Valuation reports (especially projects, companies, tangible and intangible assets), especially in connection with financing concepts