are one or two rental agreements in which the hotel chain pays rent as if it had rented a business and one or two franchises in which the owner manages the hotel itself, but uses the chain`s brand. Both are still quite rare in Africa, outside of South Africa — chains prefer to manage rather than franchise, because they have total control and they do not like leases because of the risks and impact of balance sheets. The landlord must be careful not to inadvertently create a lease under which the operator enjoys the rights of a commercial tenant. This risk is due to the fact that the administrative agreement, if poorly drafted, may have the two fundamental characteristics necessary for the award of a lease: the exclusive ownership of the premises for a specified period of time. One of the characteristics of African hotel development is that a large number of contracts have been concluded with first-time hotel buyers, who therefore have no real experience of the operation of the industry and certainly have no idea how hotel chains work and their management agreements. This is why there may be so much opposition to some of the fundamental conditions of the contract, such as: the owner should have the right to terminate the contract if the operator is late in the contract without any liability being incurred. It may reserve the right to terminate the contract without cause, but must expect the operator to demand payment of a termination fee corresponding to its expected performance over the duration of the contract that has not expired. It should be noted that the relationship between the owner and the operator is increasingly governed not only by the traditional administrative agreement, but also by parallel agreements such as licensing, licensing or service agreements. In order to fully assess the value of payments due to the operator, the royalty requirements of these parallel contracts should be assessed. In short, the hotel owner invests his money to create the physical structure, the building, pays the management company a fee for his advice on the design and application of brand standards, makes working capital available, and then hands the property over to the management company (aka “the operator”) to create and build the business. The total risk is due to the owner and lenders to the owner, the risk being taken by the operator without risk. NOW THEREFORE CET ACCORD WITNESSETH that, given the reciprocal agreements and agreements in this framework and other good and valuable considerations whose receipt and sufficiency are herestially recognized by the parties, the federal parties and agree as follows: A hotel management agreement covers the relationship between the owner and the operator of a hotel. If management decides to postpone a necessary repair, the savings will save expenses, but only postpone them to a later date.
If a hotel has been operated with a lower-than-normal maintenance budget, it is likely that it has accumulated a considerable amount of deferred maintenance costs. In the end, an insufficient reserve of FF-E has a negative effect on the standard or classification of a property and can also lead to a decline in hotel performance and its value. that they have signed a long-term contract with a particular owner and that there are different parties who, when they become owners of the hotel, do not want to do business with (for example. B other brands) and that, in many cases, cannot do business with people (. B for example, sanctioned persons, ex-criminals). In most cases, we were able to remove from the contract the operator`s full veto in the event of a planned sale, granting the operator the right to satisfy any offer received for the purchase of the hotel and specifying the classes of the forbidden buyer.