Hotels & Leisure
Specialised advice along the entire value chain – legally compliant, economical and industry-oriented
Legal advice for hotels and leisure properties with a commercial focus
Hotels and leisure properties are legally challenging. Operator and ownership structures, trade mark and concept issues as well as financing and regulation are closely intertwined – and are constantly changing in the market. For over 15 years, we have been providing advice along the entire value chain: from the project idea and development to operations, transactions, repositioning or restructuring. For operators, investors, project developers and hotel chains, we create a reliable legal basis for economically viable decisions in dynamic market conditions.
Those who structure hotel and leisure properties with legal certainty reduce operational friction losses and increase transaction and financing security.
Industry experience in hotels and leisure properties: Success factors and core competences
Our specialised teams have a deep understanding of the international hotel and leisure industry – with an eye for operational realities (operator models, brand standards, revenue structures) as well as investor requirements (exit capability, due diligence, covenants).
Our main areas of advice for hotels and leisure properties
Asset deals, share deals, portfolios, joint ventures, sale and leaseback
Leases, management, franchise, licence and trade mark usage models
Contract and approval management, claim management, interfaces to technical planning.
Trade mark development, licence chains, protection strategies, conflict resolution
Integrated structuring from a single source
Court proceedings, arbitration proceedings, strategic conflict prevention
We support a broad spectrum – from boutique hotels to international hotel portfolios – as well as leisure parks, wellness resorts, serviced flats and mixed-use concepts with a hospitality component.
Services for hotels and leisure properties at a glance
- Legal advice on hotel acquisitions, portfolio transactions and joint ventures (incl. due diligence, risk allocation, SPA/APA)
- Drafting and negotiating leases, management and franchise agreements (incl. KPI/fee mechanics, brand standards, step-in/termination)
- Legal structuring of operator and ownership relationships (single asset/portfolio, change of operator, operator capability/bankability)
- Trade mark development and IP strategies in the hospitality environment (trade mark protection, licence models, co-branding, online/platform topics)
- Integrated advice on labour, tax and regulatory issues (interfaces clearly negotiated, "one-team" approach)
- Representation in disputes relating to hotels and leisure properties (claims, operator disputes, defects/default, contract termination, arbitration and court proceedings)
Our approach to hotels and leisure property projects
We work on an interdisciplinary basis and – if necessary – across borders with specialised teams at the interface of the real estate industry, tourism and regulation. Clients benefit from working closely with experts in construction, labour, tax and corporate law, as well as from the international CMS network.
This is how we typically proceed:
- Clarify target vision & deal/operator model (risk profile, return/operating logic, exit)
- Define structure & responsibilities (owner/operator, JV, collateral, governance)
- Set up contract architecture (transaction + operator contract + brands/IP + construction/development)
- Negotiate risk distribution (liability, warranty, KPI, remedies, termination, step-in)
- Manage implementation & closing (conditions, authorities, third-party approvals, handover/start of operations)
- Assist with operational issues & dispute prevention (change requests, claims, conflict management)
Contact for hotels and leisure properties: making legally compliant decisions, implementing them economically
Whether market entry, expansion, repositioning, restructuring or negotiating complex operator contracts: We support you with a clear legal structure, while keeping the financial aspects of your project in mind. Contact us – we will get back to you shortly with a pragmatic initial assessment of the approach, timeline and relevant risks.
FAQ zu Hotel- und Freizeitimmobilien
Lease models shift operational risks to the operator, management contracts often leave more risks with the owner, franchises rely on trade marks/system specifications with responsibility for operations remaining with the operator. The "best" structure depends on financing, risk appetite and exit strategy, among other things.
Often it's the cancellation and step-in provisions, KPI/fee mechanisms, CapEx responsibilities, brand standards and provisions on changing operators. Unclear interfaces lead to expensive disputes later on.
A clear contract architecture, bankable operator contracts, clear consent/third-party regulations and a robust risk allocation in the SPA/APA are crucial. Coordinating with financing partners early on reduces rework.
There is often a conflict between the different usage and regulatory regimes (tenancy law/accommodation, operating concepts, trade mark/platform issues). The interfaces must be precisely reflected in the contracts to limit risks related to operations and earnings.
Trade marks and IP rights are often key value drivers (brand standards, licence chains, online sales). Unclear chains of title or lack of trade mark protection can delay transactions or significantly disrupt operations.
Many conflicts can be avoided through good claim and change management and clear escalation mechanisms. When disputes arise, we provide strategic support – out of court, before state courts or in arbitration proceedings.
Legal experts for Hospitality, Travel & Leisure
Local market knowledge. Global outlook
We provide future-facing legal advice to help your organisation thrive. Combining local market knowledge and a global perspective, and with lawyers in locations worldwide, your organisation benefits from the expertise it needs, even across borders.
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