News & Stories
Munich. What legal criteria apply to franchise agreements in crisis scenarios? In particular in the case of termination and breach? Dr Christian Zerr, solicitor at the international law firm Hogan Lovells International LLP turns his attention to this question today in the third and final instalment of our series on franchise contracts in the German hotel industry. Previous contributions included articles on the interests of the franchisor and the special interests of hotel companies and operating companies in franchise agreements.
Leipzig. The requirements demanded of the hospitality sector have been tightened once more in e-commerce. From now on, hoteliers enabling customers to make reservations online have to make known certain obligations to inform and stick to strict design regulations on their websites. This is what Germany's new "Law on the Implementation of the Consumer Rights Guideline and on the amendment of the Law on the Regulation of Lodgings Agencies" stipulates. Companies with their own online shops and shops on platforms can say a thing or two about overregulation regarding both European and national legislation which has gone on for many years. Lawyer Peter Hense from Leipzig, an expert for online law and partner of the Spirit Legal London law office, explains the consequences regarding the hotel industry.
Munich. What are the legal boundaries for effective franchise agreements? There is no clear statutory framework for franchise contracts in Germany. The law on General Terms and Conditions also doesn't help much as it only provides clarification in the individual case. In the second contribution from a series of three articles on franchise contracts in the German hotel industry, Dr Christian Zerr, solicitor at the international law firm Hogan Lovells International LLP, looks at precisely this question today. The following article describes how the franchisor's interests are reflected in contract.
Munich. As far as hotel operator contracts are concerned, the franchise agreement is growing in popularity in Germany, in particular against lease, management and hybrid contracts. Hotel companies are attempting to expand certain of their portfolio brands and the franchise agreement is by far the quickest way of doing just that. Nevertheless, operators still face many prejudices when it comes to franchising, yet most of these result from uncertainty, itself stemming from a lack of knowledge on part of the negotiating partner. In this and the two following editions of hospitalityInside.com, Dr Christian Zerr, Solicitor at the international law firm Hogan Lovells International LLP, explains in a series of three articles how franchising is treated in the hotel industry from a legal perspective.
Karlsruhe. The German Supreme Court decided on Wednesday that tenants may not sublet their apartment to tourists without the prior consent of the landlord. This is a blow to private accommodation agencies such as airbnb, Wimdu, 9flats and others.
Leipzig. Following the NSA revelations, there has been a constant stream of reports of global attempts to change applicable law to meet the challenges posed by social media, renegade secret services and "big data". Law makers worldwide are now faced with the task of formulating new data protection legislation. Their success differs from country to country. Our expert for online law, solicitor Peter Hense based in Leipzig and partner at Spirit Legal London, analyses the new developments in data protection in Germany, Europe and the US. The Americans are taking massive strides, Europe is making an effort too and in Germany, old data protection and technological development clash.
Hanover/Berlin. The German enthusiasm for travel continues and indeed, the destination decisions are being increasingly made at short notice. There is also the issue of a north-south divide in holiday duration within the travel-enthusiastic Germany: The north occupies the top rankings while the south is rather toward the rear ranks this year.
Aachen. For fund initiator Anno August Jagdfeld, 2013 will end with some good news: There will be no proceedings against him for embezzlement in relation to the Adlon fund.
Berlin. The hoteliers who inclusively offer an "overnight stay with breakfast" must nevertheless account for the different VAT amounts on the bill. The German Federal Finance Court had decided this on Wednesday. Now hotels and hotel groups that have handled this differently up to now could be accused of tax fraud.
Offenbach. When does overtime begin? When must the employer pay after the agreed working time? The German Federal Labour Court delivered a judgement on a special case: A member of staff, employed by the company for several years currently as deputy restaurant chef, hands in notice of termination of employment in accordance with the proper notice periods. In his last week of employment, he turns up to the personnel department of the hotel and submits a self-compiled Excel list recording around 500 hours of overtime. He demands this work be remunerated along with his last salary payment.