Overview

THE REGULATORY ENVIRONMENT

The hospitality sector is governed by a plethora of central and state statutes, addressing diverse aspects such as licensing, health and safety standards, employment laws, foreign investment regulations, environmental regulations and real estate laws . The industry has also witnessed a notable surge in insolvency and bankruptcy cases. In navigating this complex landscape, a delicate balance between owners and managers is equally crucial.

HOW CAN WE SUPPORT YOU?

Leveraging our extensive 20-year experience within the hospitality sector, ELP’s hospitality practice serves as a comprehensive solution to address legal and regulatory challenges faced by businesses in the industry. We aim to be the one-stop shop for our clients’ legal hospitality-related concerns, providing expert guidance and support to help you thrive in this dynamic environment.

Our services broadly include end to end advisory on hospitality projects including land acquisition/ existing project acquisition, construction, structuring investments, negotiating on all contractual documents, financing and exiting a project.

Our hospitality team works closely with our tax, real estate, IBC and corporate team to provide comprehensive assistance to our clients in this sector.

Services

Acquisition of Land  

The hospitality team collaborates seamlessly with ELP’s real estate and tax teams to provide our clients with comprehensive assistance in conducting due diligence for land transactions, verifying land titles and tax structuring. Moreover, our team of experts excels in offering invaluable support in drafting and negotiation of various critical agreements, including sale deeds, lease deeds, tax structuring, development rights agreements, and other essential conveyance deeds.  

Construction and Development of Hotel 

Our team offers comprehensive support throughout the entire development phase by adeptly handling the drafting, negotiation, and execution of crucial documentation. This includes a range of essential contracts such as construction contracts, architect’s contracts, interior design consultancy contracts and agreements for appointing experts.  

Additionally, we extend our expertise to assist with agreements related to equipment supply, as well as other agreements with subcontractors and vendors.  

Acquisition of Projects 

ELP’s hospitality team is well versed in transactions for acquisition of projects through various modes of M&A. The hospitality team regularly represents owners seeking to acquire or sell hotel projects in the drafting, review and negotiation of such transaction documentation.  ELP also leverages its tax expertise to provide holistic advice on corporate acquisitions.  

Structuring of Investment 

ELP’s hospitality team collaborates seamlessly with its proficient tax team to craft and implement tax-efficient structures, proactively identifying potential tax exposures while ensuring optimal tax arrangements. 

Furthermore, our team has deep expertise in conducting comprehensive risk analysis of project documentation, encompassing legal, structuring, commercial, and tax aspects. This ensures that all potential risks are carefully assessed and addressed, safeguarding our clients’  project’s success. 

 In addition to our risk management capabilities, we offer invaluable support in the drafting, negotiation, and execution of various essential documentation. This includes joint venture agreements, investment agreements, shareholders’ agreements, private equity documentation, and other equity and/or quasi-equity funding documentation. 

Operator & Brand Engagement 

Our dedicated team provides comprehensive assistance in drafting, negotiating, and executing a wide range of vital documentation fundamental to many hospitality ventures. This includes hotel management agreements, technical services agreements, franchise agreements, marketing and publicity agreements. 

Financing 

The hospitality team at ELP collaborates closely with our banking and finance experts to proficiently handle the entire process of drafting, negotiating, and executing critical documentation. This includes facility agreements and essential security documents, such as guarantees, charge documents, and liens, ensuring the utmost protection and stability for your hospitality projects. 

Additionally, we offer valuable assistance in refinancing initiatives, working to optimize financial arrangements and potential for growth. 

Leveraging our experience in dealing with the complexities of the Insolvency and Bankruptcy Code (IBC), our team is well-equipped to support clients in drafting resolution plans and guiding them through the insolvency process. 

Finalization of consultants & service providers 

Our team specializes in providing expert assistance with the drafting, negotiation, and execution of essential documentation involving consultants and other entities. We meticulously handle agreements for the provisions of pre-opening and post-opening services, ensuring seamless collaboration and exceptional support for your hospitality ventures. 

Operation & Maintenance 

Our team provides advisory services on compliance processes pertaining to all applicable laws, including labor law, corporate law, indirect tax laws, and developmental and environmental regulations. With over two decades of profound experience in this sector, we also offer valuable advice on resolving issues encountered in the day-to-day operations of hotels. 

Furthermore, we extend our expertise to assist with advisory on additional investments into hotels, ensuring that business decisions are well-informed and strategically sound. 

As disputes can often be a significant concern for businesses in India, our experienced disputes team offers guidance and support throughout the dispute resolution process. Whether it involves litigation, arbitration, or conciliation, we assist our  clients navigate through these challenges with confidence and efficiency.  

Exit 

Our team offers assistance in structuring exits in the most tax-efficient manner, ensuring our clients makes strategic decisions that optimize financial outcomes. Additionally, we also assist with drafting, negotiating, and executing critical documentation, including share sale and share purchase agreements. 

General Advice 

ELP provides general advice on various regulatory and business requirements of the hospitality industry, both from the perspective of owners and operators.  

Thought Leadership

News & Media 2nd Feb 2024

Tourism and hospitality industry lauds direction of the budget proposals

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Newsletter/Booklets 7th Apr 2023

Financing & The Hospitality Sector

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Newsletter/Booklets 7th Apr 2023

Dispute Management & The Hospitality Sector

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Newsletter/Booklets 7th Apr 2023

The Hospitality Sector: Contractual Conundrums

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Newsletter/Booklets 7th Apr 2023

Consumer Laws & The Hospitality Sector

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Newsletter/Booklets 7th Apr 2023

Labour & Employment and The Hospitality Sector

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Newsletter/Booklets 7th Apr 2023

Taxation & The Hospitality Sector

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Newsletter/Booklets 1st Feb 2023

Union Budget 2023-24 – An Analysis by Economic Laws Practice (ELP)

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Recent Matters

Hospitality

Providing ongoing advisory services to SAMHI Hotels, encompassing acquisition strategies, HMAs, financing solutions, and comprehensive sell-side support, including pre-IPO advisory.

Providing ongoing advisory services to SAMHI Hotels, encompassing acquisition strategies, HMAs, financing solutions, and comprehensive sell-side support, including pre-IPO advisory.
Hospitality

Advised Chalet Hotels on contractual arrangements with Marriott Hotels India Private Limited for operation and management of 6 hotels across...
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Advised Chalet Hotels on contractual arrangements with Marriott Hotels India Private Limited for operation and management of 6 hotels across India.
Hospitality

Advised Accor Group on the sale of a large 5 star hotel in Delhi to Belaire Group.

Advised Accor Group on the sale of a large 5 star hotel in Delhi to Belaire Group.
Hospitality

Advised the Royal Family of Udaipur on management contracts for Taj Lake Palace in Udaipur, Fateh Prakash Palace and Gorbandh...
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Advised the Royal Family of Udaipur on management contracts for Taj Lake Palace in Udaipur, Fateh Prakash Palace and Gorbandh Palace, Jaisalmer.
Hospitality

Advised Phoenix Mills Limited on the HMA with Hyatt India Consultancy to manage and operate a luxury hotel in Bengaluru.

Advised Phoenix Mills Limited on the HMA with Hyatt India Consultancy to manage and operate a luxury hotel in Bengaluru.
Hospitality

Advised Fomento Resorts and Hotels on its HMA with IHCL for operating 2 hotels in Goa.

Advised Fomento Resorts and Hotels on its HMA with IHCL for operating 2 hotels in Goa.
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