Topic Law

News & Stories

Controversial verdict: Booking.com may gag, HRS may not
6.6.2019

Düsseldorf/Berlin. The dispute over rate parity broke out again on Tuesday in Germany: After a court ruling Booking.com may continue to impose to its rate parity clauses. In January 2015, the court prohibited its competitor HRS from doing the same.

Ruling in Germany: Homeowner neighbours must tolerate tourist rentals
16.5.2019

Karlsruhe. In a recent ruling, the German Federal Supreme Court has strengthened the rights of individual apartment owners vis-à-vis homeowner associations. The latter cannot prohibit the short-term rental of an apartment to tourists.

Best price clause: HRS and IHA settle, though disagreement remains
2.5.2019

Cologne. HRS and the International Hotel Association Germany have come to an out of court settlement regarding "compensation for best price clauses". HRS will make a lump-sum payment of EUR 4 million to the association and so compensate around 600 IHA member hotels which last year asserted compensation claims against the platform.

20 hoteliers sue Dehoga Rhineland Palatinate president
2 million over 8 more years
20.12.2018

Bad Kreuznach. 20 hoteliers from the western German state of Rhineland Palatinate lodged legal proceedings against the hotel and restaurant association of Rhineland Palatinate on 14 December 2018. They accuse president Gereon Haumann of violation and circumvention of the association’s statutes. This sounds banal, but it is anything but. The substance of the claim is that Haumann extended his current 8-year period of office unduly. His current period of office runs until 2021. Nevertheless, Haumann secured himself a further eight years – up to 2029 – this August. For this new period of office alone, he will cash in over EUR 2 million. Hotel members have now raised legal objections. The German Hotel and Restaurant Association Berlin as well as Germany's Federal Minister of Food and Agriculture Julia Klöckner recently publicly applauded Haumann.

Munich Court sentences Airbnb to hand over data
13.12.2018

Munich. The Bavarian Administrative Court in Munich yesterday sentenced Airbnb, based in Ireland, to hand over the data on hosts of rented apartments to the state capital Munich. Otherwise high penalties threaten. The Austrian hotel association ÖHV applauds, and Airbnb simultaneously announced in the media that it wants to become as big as Amazon.

Lawyers, hoteliers, associations: No concerns as regards unstaffed hotels
The unmanned hotel
15.11.2018

Augsburg. Is a hotel still a hotel if the guest no longer sees a human face? That is, if you book online, if you receive the room-key electronically and if you find your own way around the hotel? In fact, there are already a number of unstaffed hotels. Digitalisation has given this trend an enormous boost. hospitalityInside readers asked whether the unmanned hotel stood on a sure legal footing. We asked hotel associations in Germany, Austria and Switzerland for their opinions and also interviewed the operators of two unmanned hotels, lawyers from the firm Arnecke Sibeth Dabelstein in Munich and our editorial experts on the relevant legal issues.

Hotelbeds sharpens its profile against OTAs - Thinking about Blockchain
Connecting two worlds
13.6.2018

Palma de Mallorca. Hotelbeds is going to challenge the OTAs. During the last Phocuswright event in Amsterdam, Joan Vila, Executive Chairman Hotelbeds group and the market leader, explained why the bed bank is now the relevant size to offer an alternative route for hotels to market. The Spanish-based group is now connecting 170,000 hotels to 60,000 intermediaries. CEO Joan Vila stresses that his company offers more than OTAs – packages, lots of early bookings, longer stays and far fewer cancellations than OTAs. Defining itself as a tech company, it also thinks about designing a bed bank based on Blockchain. An update by Sarah Douag.

Contracts concluded via eMail satisfy the German written form
Rent by mouse click
13.6.2018

Munich. Those who are familiar with German rent law know: prima facie, the digital conclusion of a multi-year rental contract seems to be nearly impossible. Because rental agreements must satisfy the statutory written form requirements under German law in order to bind the parties for more than one year. If the written form is not complied, the respective rental agreement can be terminated at any time with due notice. A nightmare for every hotel rental project.... Anna Gassner and Dr. Marina Schaeuble, both Attorneys-at-law at the law firm Arnecke Sibeth Dabelstein in Munich explain how the conclusion of a rental agreement by mouse click can nevertheless work.

Solicitor Dr Anton M. Ostler explains German labour law to new investors
Regulated working life
23.5.2018

Munich. Foreign real estate investors continue to push on to the German market – and with this comes lots of work for lawyers. Even experts like the hospitality specialist Dr Anton Ostler, Partner at the law firm Arnecke Sibeth in Munich and hospitalityInside's editorial expert for legal must repeatedly explain the ins and out of German law to investors and hotel owners. For this reason, he has put together a summary of German labour law for this target group – a guide which is also intended to protect them from disappointment and all too great an expectation.

How US-based Choice Hotels are dealing with the new European GDPR law
Asking non-stop for consent
17.5.2018

Brussels. Some call it the "Big Bang", others "a revolution". Next week, on May 25 at midnight, Europe will activate its new data and privacy regulations. The GDPR will apply to the 511.8 million EU citizens who will have more rights while companies will have more obligations. The hospitality sector is adapting to the changes and assessing the impact it can have on businesses. Sarah Douag asked US-based Choice Hotels International, a group with the complexity of supporting thousands of franchisees in Europe, to share the complexity of the GDPR with us and the processes Choice Hotels has put in place to comply with the new rules. Estelle Corsin, HR and Legal Officer at Choice Hotels France, answers.

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