News & Stories
Berlin/Munich. Is Motel One the only motel allowed to call its city budget hotels "motel"? Can this name even be protected? Two hotel companies are arguing about this in Germany.
Offenbach. At the very latest since the entry into force of the General Equal Treatment Act and the protections for people with disabilities contained therein, it is unlawful to ask a job applicant about the status of his or her disability. This question alone points towards intended discrimination of the applicant. Yet what is the legal situation once the applicant has been employed and the employer is later forced to terminate employment. Joachim Jungbluth, hospitalityInside's editorial expert for Labour Law, on a question which recently came before the Federal Labour Court Germany.
Rostock. First tax evaders buy their way to freedom, then Bernie Ecclestone and then fund initiator Anno August Jagdfeld. All the while, we're told you shouldn't try and strike deals with the German justice system. But: The deal with ex-onwer of the Grand Hotel Heiligendamm was suggested by the Public Prosecutor. The investor of the yachting harbour residence Hohe Duene, on the other hand, has been involved in court proceedings since March.
Berlin. A closer look in the files now shows: The recent court victory by real estate fund initiator Anno August Jagdfeld is not a "first class acquittal", as the Jagdfeld Group announced at the beginning of July. As reported, the Higher Regional Court of Cologne refused to open main proceedings for the fraud claim - as did the Regional Court in Aachen at first instance. The fraud concerned guarantees, rent waivers to the benefit of Adlon Holding and sales losses due to construction works. Beatrix Boutonnet examined the decision in detail. An end to the legal wranglings for Fundus Group is not in sight, despite Jagdfeld securing a victory in this case and this particular dispute now being drawn to a close.
Vienna. A harsh setback for holiday apartment suppliers: Following the USA and Germany, Austria has now advanced an additional bar on the renting of flats through portals such as Airbnb and the like. The Supreme Court of Judicature has rendered a clear judgment.
Cologne. This issue has hovered over Anno August Jagdfeld like a Damocles sword: Court proceedings for fraud in connection with the Fundus Fund 31 threatened to see him put in prison. Now, an appeal before the Higher Regional Court of Cologne threw out the claim.
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.