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Hotels & Leisure

Law Firm in the Netherlands specialised in Hotels & Leisure

We are the leading law firm in the hotel industry. We assist with mergers and acquisitions, financing, project development and construction, lease constructions, management and franchise agreements and with all kinds of disputes with hotel operators. We are trusted advisor of the largest investors, investment funds and funders. The same goes for large international hotel operators. We identify new developments. We see new opportunities. And we equip you. Having the right contacts can be invaluable for your company. We have got them.

In M&A the firm has a good reputation for working in the hospitality, life sciences and oil and gas sectors.

IFLR1000, 2019
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02/03/2023
Restrictions for new hotels in The Hague
Following , the municipality of The Hague has decided to apply restrictions to new hotels and initiatives.  The municipality of The Hague has adopted certain strategic goals to stimulate its economy as part of its 2030 economic policy. One of these goals is focused on making The Hague a more attractive city for visitors and inhabitants. The hotel sector plays an important part with respect to this goal. As the previous hotel policy for the city dated back to 2013, the municipal executive of The Hague has implemented a new hotel policy in 2021, called the "The Hague Hotel Policy 2021" () (the ""). The Hotel Policy was adopted by the city council in February 2022 and is scheduled to be reevaluated by the end of this year. In anticipation thereof, in this publication, we have summarized the main aspects of the Hotel Policy which introduces restrictions for new hotels and adopts a stricter assessment framework for new initiatives. Like in most cities, the hotel sector in The Hague was heavily affected by the Covid-19 pandemic. While the sector has recovered, the occupancy rate in The Hague is not back at pre-pandemic levels yet. Despite this lower occupancy rate, the municipality had granted permits for over a thousand new hotel rooms in 2021. The Hotel Policy aims at temporarily constraining the growth on the supply side to effectuate gradual growth for the long run. Similar to Amsterdam, the city of The Hague can permit hotel initiatives on locations where the applicable zoning plan actually allows for hotels. On locations where the zoning plan does not allow for hotels, the city will, in principle, not grant requests which require a deviation from the zoning plan. This is based on the Hotel Policy, which introduces a maximum capacity for new hotel rooms () set at 1,000 rooms in total (not annually). As per November 2021, the number of new hotel rooms for which a permit request was filed or adopted already exceeded 1,300. The Hotel Policy can be considered as a moratorium on new hotel rooms. The limitations imposed by the Hotel Policy will be in place until the average occupancy rate of hotel rooms is back to a minimum of 70% over two consecutive years based on the Digital Night Register (). The average occupancy rate in The Hague was 40.4% in 2021. The average occupancy rate for 2022 has not been published yet. This '70% requirement' has been introduced at the initiative of the city council and replaces the milestone of 1,675,000 overnight stay that was originally introduced by the municipal executive. The Hotel Policy as such will be reevaluated after two years. In addition to the moratorium on new hotel rooms, the Hotel Policy requires initiators to focus on quality, diversity and distinctiveness in their plans for new hotel initiatives. Initiators should be able to explain why and to what extent a particular concept adds value to the intended location and existing supply. In order to provide some guidance, the Hotel Policy includes an assessment framework for initiators of new hotel initiatives. Besides the aforementioned quantitative requirement based on maximum capacity (), the city will apply seven criteria in order to determine whether it can facilitate new hotel initiatives: Contrary to Amsterdam, the Hotel Policy of The Hague is not aiming to perpetually limit the total number of overnight stays. The Hotel Policy has a more protective nature, allowing the current hotel sector in the city to recover from the pandemic. This difference can be attributed to the fact that the number and type of tourists visiting The Hague differs from the masses of tourists visiting the capital. As the Hotel Policy is a relatively new policy, future hotel developments will need to demonstrate how the policy is implemented in practice. Given the temporary nature of some parts of the policy and the less hectic tourist market in The Hague, the municipality may be willing to apply flexibility and explore various possibilities to accommodate new hotel initiatives. It will also be interesting to see if the current restrictions will be extended after the reevaluation of the Hotel Policy takes place at the end of this year. Stay tuned for our update on this. Should you wish to receive more information or if you have any questions regarding the impact of the Hotel Policy on your business, please contact us. 
14/06/2022
Further restrictions to hotels as Amsterdam adopts regulation to cap overnight...
Array Since 2017, the municipality of Amsterdam has applied a strict overnight stay policy (). This means that in almost all parts of Amsterdam no room will be given to new hotel initiatives that do not...

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12/01/2024
A new tool in the fight against online infringement
Online infringements and domain squatting are challenges often faced by businesses and tackling such issues has been made all the more difficult in a post-GDPR world where most publicly available domain...
14/12/2023
ESG Power Hour: Discover the trends for 2024
CMS is designated as a provider of Legal Services for the United Nations Climate Change Conference (COP28), hosted by the UAE. Im­me­di­ately following this climate conference, our legal experts will update you on the latest ESG trends and developments in one hour. Register now for the webinar . Array The following themes and speakers will be covered: We look forward to your participation. You can register via the button below.
04/10/2023
CMS advises Zien Group on the sale of the Hard Rock Hotel Amsterdam
CMS has advised Zien Group on the sale of the Hard Rock Hotel Amsterdam American to Dalata Hotel Group, Ireland's largest hotel operator. The 'American' is located on Leidseplein, has 173 guest rooms...
20/09/2023
Price indexation causes trouble for hotels in the Netherlands
The principle that real estate value grows with inflation is one of the important factors behind real estate investment in the Netherlands. Because the yearly rent or franchise payment in most lease and...
20/09/2023
CMS Hotels & Leisure Global Brochure
At CMS, we understand the Hotel & Leisure business environment. Our experience covers all aspects of the industry – we are there to guide you and help you grow and stay competitive in crowded markets...
07/08/2023
CMS advises International Hotel Capital Partners on its acquisition of...
Array The Hilton Garden Inn Hotel opened in 2013 and comprises of 173 guest rooms, meeting facilities and a bar and restaurant. The hotel will continue to be operated under the Hilton Garden Inn brand...
03/04/2023
Rigorous European legislation bringing clarity on proper green communication
Environmental awareness and sustainability have been subjects of intense discussions since they are of growing importance to individuals in their daily decisions. Because this dimension of economic competition...
20/03/2023
Out with the old, in with the new? Considerations for patentees in opting...
So far in this series of blog posts, we began with an article that highlighted some of the key changes between the current European system of patent prosecution and enforcement and the new Unitary Patent...
06/03/2023
Future impact of emerging technologies on IP protection and enforcement...
As technology develops rapidly, the way in which stakeholders protect and enforce their intellectual property (IP) is changing and will continue to change in the future, but how? And should existing IP...
02/03/2023
Restrictions for new hotels in The Hague
Following , the municipality of The Hague has decided to apply restrictions to new hotels and initiatives.  The municipality of The Hague has adopted certain strategic goals to stimulate its economy as part of its 2030 economic policy. One of these goals is focused on making The Hague a more attractive city for visitors and inhabitants. The hotel sector plays an important part with respect to this goal. As the previous hotel policy for the city dated back to 2013, the municipal executive of The Hague has implemented a new hotel policy in 2021, called the "The Hague Hotel Policy 2021" () (the ""). The Hotel Policy was adopted by the city council in February 2022 and is scheduled to be reevaluated by the end of this year. In anticipation thereof, in this publication, we have summarized the main aspects of the Hotel Policy which introduces restrictions for new hotels and adopts a stricter assessment framework for new initiatives. Like in most cities, the hotel sector in The Hague was heavily affected by the Covid-19 pandemic. While the sector has recovered, the occupancy rate in The Hague is not back at pre-pandemic levels yet. Despite this lower occupancy rate, the municipality had granted permits for over a thousand new hotel rooms in 2021. The Hotel Policy aims at temporarily constraining the growth on the supply side to effectuate gradual growth for the long run. Similar to Amsterdam, the city of The Hague can permit hotel initiatives on locations where the applicable zoning plan actually allows for hotels. On locations where the zoning plan does not allow for hotels, the city will, in principle, not grant requests which require a deviation from the zoning plan. This is based on the Hotel Policy, which introduces a maximum capacity for new hotel rooms () set at 1,000 rooms in total (not annually). As per November 2021, the number of new hotel rooms for which a permit request was filed or adopted already exceeded 1,300. The Hotel Policy can be considered as a moratorium on new hotel rooms. The limitations imposed by the Hotel Policy will be in place until the average occupancy rate of hotel rooms is back to a minimum of 70% over two consecutive years based on the Digital Night Register (). The average occupancy rate in The Hague was 40.4% in 2021. The average occupancy rate for 2022 has not been published yet. This '70% requirement' has been introduced at the initiative of the city council and replaces the milestone of 1,675,000 overnight stay that was originally introduced by the municipal executive. The Hotel Policy as such will be reevaluated after two years. In addition to the moratorium on new hotel rooms, the Hotel Policy requires initiators to focus on quality, diversity and distinctiveness in their plans for new hotel initiatives. Initiators should be able to explain why and to what extent a particular concept adds value to the intended location and existing supply. In order to provide some guidance, the Hotel Policy includes an assessment framework for initiators of new hotel initiatives. Besides the aforementioned quantitative requirement based on maximum capacity (), the city will apply seven criteria in order to determine whether it can facilitate new hotel initiatives: Contrary to Amsterdam, the Hotel Policy of The Hague is not aiming to perpetually limit the total number of overnight stays. The Hotel Policy has a more protective nature, allowing the current hotel sector in the city to recover from the pandemic. This difference can be attributed to the fact that the number and type of tourists visiting The Hague differs from the masses of tourists visiting the capital. As the Hotel Policy is a relatively new policy, future hotel developments will need to demonstrate how the policy is implemented in practice. Given the temporary nature of some parts of the policy and the less hectic tourist market in The Hague, the municipality may be willing to apply flexibility and explore various possibilities to accommodate new hotel initiatives. It will also be interesting to see if the current restrictions will be extended after the reevaluation of the Hotel Policy takes place at the end of this year. Stay tuned for our update on this. Should you wish to receive more information or if you have any questions regarding the impact of the Hotel Policy on your business, please contact us. 
28/02/2023
New EU sanctions against Russia
On 25 February 2023, one year after Russia started its invasion of Ukraine, the EU adopted its tenth sanctions package against Russia. Together with the existing sanctions the European Commission considers...
21/02/2023
UK regulator joins the global enforcement trend and warns employers to...
The overlap between employees’ rights and competition law has long been predicted by competition specialists. Cartel enforcement in labour market agreements became a fledgling activity of competition...