Hospitality

Overview

The hospitality sector is one of the key drivers of growth among the services sector in India. There is little doubt of the sheer potential this industry holds going forward…. Yet heavy is the head that wears the crown. Faced with stringent government regulations and constantly changing policy related issues, coupled with red tapism and increasing infrastructure costs, the path to profitability is a tough one. Lack of proper trained talent and an increasingly demanding customer further compound these issues. Needless to say the brick and mortar hospitality sector is facing its toughest competition ever from the virtual world of AirBnB’s. The tough balancing act between the Owner and Manager and a stark increase in insolvency and bankruptcy cases are further headwinds the market has to contend with.

Drawing upon our experience of over 16 years within the hospitality sector, ELP’s hospitality sector practice aims to provide a one stop shop for addressing legal and regulatory issues within the hospitality sector.

Services

Our practice includes :

Acquisition of Land

  • Due diligence reviews, covering transactional, financial, environmental, tax and compliance related issues.
  • Verification of title to the land and drafting and negotiation of sale deeds, lease deeds or development rights agreements or other conveyance deeds

Construction & Development of Hotel

  • Drafting, negotiation and execution of documentation including: Construction contracts, architect’s contracts, interior design consultancy contracts and other contracts for the appointment of experts for the development phase
  • Equipment supply and other agreements with sub-contractors and vendors.  

 Structuring of Investment

  • Designing and implementing tax efficient structures to identify tax exposures and the most optimal tax structure.
  • Risk analysis of project documentation, covering legal, structuring, commercial and tax issues.
  • Drafting, negotiation and execution of documentation including joint venture agreements, investment agreements, shareholders’ agreements, private equity documentation and other equity and/or quasi-equity funding documentation. 

Operator & Brand Selection

  • Drafting, negotiation and execution of documentation including: Hotel management agreements, technical services agreements, franchise agreements, marketing and publicity agreements for the provision of services by brand-owners for development of the hotel; and
  • Trademark license agreements for the license of trademarks and service marks by brand-owners. 

Financing

  • Drafting, negotiation and execution of documentation including facility agreements and security documents such as guarantees and documents of charge and lien.
  • Assistance in refinancing the project.
  • Drafting of resolution plans and assistance in the insolvency process

Finalisation of consultants & service providers

  • Drafting, negotiation and execution of documentation with consultants and other entities for provisions of pre-opening and post opening services.

Operation & Maintenance

  • Advice on compliance processes under all applicable laws, for example, labour law, corporate law, indirect tax laws and developmental and/or environmental regulations.
  • Advice on issues faced in the day-to-day operations of the hotels.
  • Assistance in further investments into the hotel.
  • Resolution of disputes, either through the conciliation process or through arbitration.

Exit

  • Structuring of the exit in the most tax efficient manner.
  • Drafting, negotiation and execution of documentation including share sale and share purchase agreements.

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The Hospitality Sector: Contractual Conundrums

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Labour & Employment & The Hospitality Sector

7 Apr 2023 | Read More

Dispute Management & The Hospitality Sector

7 Apr 2023 | Read More

Consumer Laws & The Hospitality Sector

7 Apr 2023 | Read More

Financing & The Hospitality Sector

7 Apr 2023 | Read More

Bankrupt hotel assets big draw with investors

24 Apr 2024 | Read More

Labour & Employment & The Hospitality Sector

5 Apr 2022 | Read More

Taxation & The Hospitality Sector

5 Apr 2022 | Read More

The Hospitality Sector: Contractual Conundrums

5 Apr 2022 | Read More

Dispute Management & The Hospitality Sector

5 Apr 2022 | Read More

Consumer Laws & the Hospitality Sector

5 Apr 2022 | Read More

Financing & the Hospitality Sector

5 Apr 2022 | Read More

Tourism funding and promotion agencies laud Budget proposals for the sector

8 Feb 2022 | Read More

Union Budget - An Analysis by Economic Laws Practice

1 Feb 2022 | Read More

Legal implications of recent issues in the hospitality sector in India

24 Sep 2021 | Read More

ELP Knowledge Series – Part 2 of 2021

15 Sep 2021 | Read More

Guest Data – Right to be forgotten

25 Sep 2021 | Read More

Relief to Hotels in Maharashtra

20 Jul 2021 | Read More

What are the duties of directors in ailing hotel companies?

30 Jun 2021 | Read More

What recourse do Hyatt Regency Mumbai employees have?

12 Jun 2021 | Read More

ELP - Knowledge Series – Part 1 of 2021

27 Apr 2021 | Read More

Budget 2021 fails to provide much needed impetus

16 Feb 2021 | Read More

Union Budget 2021: An Analysis

2 Feb 2021 | Read More

What Marriott’s Second Data Breach Means for the Hospitality Industry?

30 Mar 2020 | Read More

The Indian Hospitality Industry: A Comprehensive Guide to Managing COVID-19

29 Apr 2020 | Read More

Union Budget 2020: An Analysis

2 Feb 2020 | Read More

ELP - Knowledge Series - India Update - Part 4 of 2019

22 Jan 2020 | Read More

Legal Obligations of Lost Properties -infra hospitium

4 Dec 2019 | Read More

Who is liable for car theft from a hotel parking lot? A ...

3 Dec 2019 | Read More

ELP - Knowledge Series - India Update - Part 3 of 2019

3 Sep 2019 | Read More

OYO’s stand vindicated: What CCI ruling means for booking portal vs hotel ...

28 Aug 2019 | Read More

Going Bananas over Indemnities!

30 Jul 2019 | Read More

ELP Knowledge Series - India Update Part 2 of 2019

7 May 2019 | Read More

Prevention of sexual harassment in the hospitality industry: Whose cross is it ...

10 Apr 2019 | Read More

ELP Knowledge Series - India Update Part 1 of 2019

19 Feb 2019 | Read More

Marriott eyes over 10% in Raheja’s Chalet Hotels

28 Jan 2019 | Read More

Budget 2019: Judicial Reform Is What This Economy Needs Now

2 Feb 2019 | Read More

Interim Union Budget 2019 - An Analysis

1 Feb 2019 | Read More

ELP Knowledge Series - India Update Part 2 of 2018

10 Sep 2018 | Read More

Union Budget, 2018

18 Jan 2018 | Read More

The Hospitality Industry in India - A guide to Legal Issues

5 Apr 2019 | Read More

Hospitality – Indian Legal Issues

24 Apr 2024 | Read More

ELP Knowledge Series - India Update Part 1 of 2018

14 Jun 2018 | Read More

Recognitions