Hotels & leisure
Hotel Advisers to the modern hospitality
industry
With the global hospitality industry facing
challenges such as shortage of luxury new builds, lack of brand
loyalty among business travellers and the value puzzle, good
advisers that truly understand the international hospitality market
are indispensable. The Field Fisher Waterhouse Hotel & Leisure
Group has many years experience in international hospitality
transactions and is rated a leading player for owned, managed and
franchised properties in EMEA.
Taking hospitality around the world
Our reach is truly international. Our team
includes both Indian and PRC nationals. We have affiliates in
China, Japan, India and many other jurisdictions throughout Asia,
the Middle East, Africa, Latin America and the USA. As WIPO (United
Nation) experts we have advised governments around the world
(including India and China) on the role of global brands in the
economy. We have introduced several of our clients to corporations
that have become their developers in foreign markets.
Hotel companies experience unprecedented growth
in emerging markets. Amongst them India, China, Russia and the
Middle East.
China
Having advised a number of hotel & leisure
clients on entering into the PRC we are very familiar with the
complexities of this booming market. Partners in our affiliate
offices (Beijing and Shanghai) have been trained by us in London
through long-term secondments. We will soon be opening an office in
China, meaning that we will be even better placed to our
hospitality clients grow their business in this region.
India
“Undoubtedly the most exceptional
team of franchise lawyers in the UK and Europe, combining depth,
breadth and cutting-edge skills with commercial sense.”
Randall Hammer,
InterContinental Hotel Group
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We have a dual qualified senior Indian lawyer in
the London office and a close relationship with our local
affiliate. We have a good understanding of the complexities facing
hospitality organisations entering this rapidly growing market. We
have advised hotels and leisure companies on entering the Indian
market including Wyndham, Ramada, Sheraton and Le Meridien.
South East Asia
Singapore and Hong Kong are the base from which
most hospitality groups tackle countries such as Malaysia, Thailand
and Vietnam. We have Singapore and Malaysian lawyers on staff who
have an in depth understanding of the market dynamics in this
exciting market. Clients that we advise in South East Asia include
the world’s leading fitness franchises, Curves for Women and
National Car Rental.
The Middle East and Africa
We are founders of a network of independent
lawyers in the Middle East who specialise in advising Western
corporations in market entry and local operations. We have advised
Wyndham, Ramada and The Clapham House hospitality group on their
business roll-out.
Luxury bands
With the luxury hotel segment commanding premium
rates, growth is now focused on occupancy. Wherever you turn,
luxury is “in”. Due to the shortage of new builds in Europe,
competition for new properties and brand affiliation is fierce. We
work with leading real estate developers and global brands to help
our clients secure premium locations.
Budget bands
For the economy segment of the hotel market
these are interesting times. Whilst business travellers in the US
have drifted back to mid-market offerings there has been a
proliferation of budget brands in EMEA. We use our expertise in
both real estate development and hotel franchising to give our
hotel clients a cutting edge over their competitors in this growing
market segment.
Fractional ownership and residential
concepts
The cost of short-term accommodation in key
cities can be prohibitive. With room rates at €500 per night in
many capital cities residential concepts are becoming increasingly
popular. The legal structuring of these concepts is highly
regulated in Europe. Finance can be a challenge in countries where
the ownership right of customers cannot be secured against a real
estate asset. Our hotel finance team creates innovative
solutions.
F&B operations
Co-branding with a quality restaurant brand is
the way forward for many hotels in the mid-tier segment. Our Brand
Protection team will ensure that your F&B and hotel brands are
properly protected. Whether you are developing your own distinct
F&B brand or taking a third party franchise, we will work with
you to ensure that your legal documentation gives your Brand
protection from dilution.
Repositioning under-performing assets
Repositioning under-performing assets through
franchise solutions can be a very successful move for hotel owners.
Flag selection plays a major role in financial performance. We
assist hotel owners with their complex negotiations connected with
the move to a new flag. Franchise agreements, exit options and
renovations/upgrades are key issues we address.
Reservations technology
Online booking options are a “must” for
international hotel brands. Pricing stability, data privacy and
customer loyalty are issues intimately connected with online
technology. Our technology law group help our hospitality clients
devise user-friendly web solutions that are long lived and legally
compliant.
Due diligence for hotel lenders and
investors
Thorough due diligence gives equity investors
and hotel lenders confidence that they are making the right
investment. Security of legal title to real estate varies across
EMEA. Title insurance is not available everywhere. Employment
rights of hotel staff and the quality of franchise or management
contracts are among the main legal concerns. Property condition and
capital expenses also need to be addressed. Our thorough legal due
diligence and negotiation of robust warranties protects our
clients’ investments.
Our hotels and leisure experience
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We represented Wyndham Worldwide in its negotiations with
Malta-based Corinthia Group resulting in the conversion of a large
number of Corinthia Hotels to the Wyndham and Ramada Brands.
Corinthia own and manage hotels whilst Wyndham is principally
active as a franchisor. Using our expertise in hotel franchising,
brand protection, hotel management and real estate, we put together
a structure that combined the strength of the Wyndham Brands with
the local know-how and access to quality locations that existed at
Corinthia.
We also advised Ramada on the negotiation of contractual
documents with its German developer, Treff. Our understanding of
German law and business culture was an important feature in
delivery to our client of a workable franchise structure that
balances security and control for the franchisor with the need for
some local independence manifested by the developer.
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We advised IHG on a
number of international hotel development transactions
including Romania,
Slovakia, Turkey and Kosovo as well as on the much
publicised brand upgrade of their Holiday Inn franchise.
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We have worked
with Mahogany Hair for some time to help them expand their
acclaimed hair salon group. We drafted all of their store licensing
documentation and helped them finalise deals for stores in
Manchester and London and for their salon academy. |
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We have worked with this UK hair salon business since their
decision to expand via franchising in 2002. In addition to
structuring their franchise documentation and assisting with their
UK roll-out, our franchise real estate team works closely with them
to draft and negotiate the key documents relating to HOB Salon’s
commercial property portfolio. |
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We are currently working with Talonotel – a well-known company
in the Spanish market which specialises in hotel reservations and
other hotel services for customers. The company execute hotel
reservations in more than 40 countries around the world, and is now
developing new commercial products and hotel reservation
procedures, both in Spain an in other countries. We have organised
all the legal structure, IP, IT, commercial, corporate and
technological structure for the company since it was created in
2005. |
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We are advising Scottish Developer FM Developments with regard
to the development of a number of resort hotels on the Cape Verde
Islands. Using our knowledge of international hotel franchise and
management agreements we are working with FM and their destination
consultants to devise a no frills legal package for its
relationship with hotel management companies and investors. |