HOSPITALITY AND LEISURE

Transcription

1 HOSPITALITY AND LEISURE An overview of our practice

2 YOUR CHALLENGES The hotel, leisure and tourism industry in France is constantly changing and has been growing for many years. Nevertheless, it is particularly vulnerable to changes in the economic, geopolitical, town-planning, environmental, regulatory and tax climate. Whether you are an owner, operator, franchisor, investor, promoter or builder of either a single hotel or an integrated hotel into a portfolio, and whether you already have a location or are seeking opportunities, the challenges are many: Anticipate tax issues in an increasingly difficult regulatory environment; Comply with environmental and safety standards, which are constantly changing; Stay abreast of the rules for the development and construction of hotels, including those related to urban planning; Adapt practices to labour laws, which vary greatly by sector and geographical area; Find concrete solutions regarding the acquisition, structuring, financing or negotiation of agreements or long-term partnerships; Secure the necessary authorisations from the competition authorities, when such transactions must be reported under merger control procedures; Understand the particulars of hotel contracts (leases, franchising, lease management, technical service contracts, SNDAs, hotel management contracts, etc.). All these issues need to be considered in light of your goals and strategy and your market position, whether domestic or international. International powerhouse advising luxury clients and brands within the fashion, hotel and wine industries. Chambers & Partners

3 Asset acquisition or sales transactions Audits, legal structuring, labour law and tax law with regards to investment or divestment, outsourcing, contract negotiations, etc. Support in all phases of the transaction (audits, drafting documentation, negotiation, consultation of staff representatives and more.) Obtaining required authorisations from the competition authorities, Joint ventures or other types of partnership agreements, Putting together dedicated vehicles such as funds, Securing your IP assets (trademarks, designs and models, domain names), support in your protection strategy, your assignment registration programmes, licensing or pledging, in France and abroad. The strategic choice and negotiation of hotel contracts Management mandates, leases, Distribution contracts, licensing, franchising, lease management. YOUR CHALLENGES Property transactions relating to assets Regulatory monitoring Monitoring transactions WE SUPPORT YOU Property purchases and sales, Hotel leases, construction leases, off-plan, property development contracts, works contracts and other construction Upgrading French hotel properties (fire safety standards, handicapped accessibility, Grenelle 2 energy performance standards, etc.) Compliance with data protection standards, Outsourcing certain operational functions, Technology security management, contracts, response from architects and interior designers, Retail property management. Financial regulations (Basel III, Solvency II, etc.). Setting up advertising platforms and defensive programmes and upgrading your brands, Monitoring specific regulatory issues (gambling and lottery, manual change, beverage room licenses, sporting events). Funding sources Acquisition financing (senior, subordinated or mezzanine debt, bond issue), legal and fiscal aspects, Specifics of multi-party debt agreements such as SNDAs, Alternative sources of financing and other types of structured financing (securities financing, asset-backed financing, project financing, financing of restructuring/construction projects). Debt or business restructuring Mutual agreement financial restructuring and debt renegotiation procedures (conciliation, ad hoc mandate) Insolvency restructuring of the company and its assets (safeguard, receivership) including, where appropriate, by setting up innovative mechanisms (accelerated safeguard or accelerated financial safeguard, pre-pack, trust, etc.) Redemption of receivables with or without implementation of a collateral strategy, Judicial/litigation monitoring if necessary.

4 AN INTERNATIONAL PLATFORM TO MEET YOUR NEEDS Our team in the hospitality and leisure sector is one of the largest and most active among international law firms. Working in more than 30 jurisdictions, we combine specific experience with the issues at hand with recognised expertise in the sector. OUR PRESENCE IN THE WORLD 30 COUNTRIES DLA PIPER Offices Affiliated firms DLA PIPER Brisbane Canberra Melbourne Perth Sydney AUSTRIA Vienna GERMANY Cologne Frankfurt Hamburg Munich HUNGARY Budapest ITALY BAHRAIN Manama Milan Rome BELGIUM JAPAN Antwerp Brussels BRAZIL São Paulo CANADA Calgary Edmonton Montreal Toronto Vancouver Yellowknife CHINA Tokyo KUWAIT Kuwait City LUXEMBOURG Luxembourg MEXICO Mexico City MOROCCO Casablanca NORWAY Oslo Beijing Hong Kong Shanghai NETHERLANDS CZECH REPUBLIC Prague Auckland Wellington FINLAND OMAN Helsinki Amsterdam NEW ZEALAND Muscat PORTUGAL Lisbon QATAR Doha ROMANIA Bucharest RUSSIA Moscow St. Petersburg SAUDI ARABIA Al Khobar Jeddah Riyadh SINGAPORE Singapore SLOVAK REPUBLIC Bratislava SOUTH AFRICA Johannesburg SOUTH KOREA Seoul SPAIN Madrid SWEDEN Stockholm THAILAND Bangkok UKRAINE Kyiv UNITED KINGDOM Birmingham Edinburgh Leeds Liverpool London Manchester Sheffield UNITED STATES ANGOLA KENYA BOTSWANA MAURITIUS BURUNDI MOZAMBIQUE Luanda Gaborone Nairobi Port Louis Bujumbura Hotels sector provides a Maputo steady CHILE NAMIBIA stream of work. Santiago Windhoek Albany PERU ChambersCOLOMBIA & Partners Atlanta Bogota Lima Atlantic City An excellent level of service [ ] CROATIA RWANDA Austin Zagreb Kigali Baltimore understands the hotel sector very EGYPT TANZANIA Boston well. Cairo Dar es Salaam Chicago Mwanza Dallas ETHIOPIA Legal 500 EMEA Houston Addis Ababa UGANDA Los Angeles Kampala GHANA Miami Accra ZAMBIA Minneapolis Lusaka New York Northern Virginia Philadelphia Phoenix COOPERATION FIRM Raleigh BRAZIL Sacramento Rio de Janeiro San Diego São Paulo San Francisco San Juan Seattle Short Hills Silicon Valley AUSTRALIA RELATIONSHIP FIRMS

5 HOSPITALITY AND LEISURE AREAS OF EXPERTISE Real Estate Finance & Projects Employment Intellectual Property and Technology Antitrust/Competition Corporate Tax Restructuring Whether you work in hotel management, investment funds, property, institutional investing, an SFO, institutional lending or debt funds, our multi-talented legal teams can help with all your legal, tax and labour issues both in France and abroad. Our multidisciplinary team has more than 20 specialists offering solid and recognised experience in the sector, covering tax, corporate, M&A, labour, intellectual property, financing, commercial and merger control procedures, litigation, restructuring and property, counting more than a dozen specialists among the team s 22 attorneys. A vast knowledge of the stakeholders and challenges A range of specialised expertise A wide variety of clients in France and abroad Our knowledge of the various market players and challenges faced enables us to facilitate prompt communication. On all legal and tax issues affecting business and development. We work with investors, users, developers, producers, promoters, builders, lenders and managers. 5 Amazon

6 YOUR KEY CONTACTS Antoine Mercier Partner, Real Estate T antoine.mercier@dlapiper.com Jérome Halphen Partner, Employment T jerome.halphen@dlapiper.com Olivia Michaud Partner, Real Estate T olivia.michaud@dlapiper.com Edouard Sarrazin Partner, Competition T edouard.sarrazin@dlapiper.com Lionel Rosenfeld Partner, Real Estate T lionel.rosenfeld@dlapiper.com Guillaume Valois Partner, Tax T guillaume.valois@dlapiper.com Erwan Lacheteau Partner, Finance & Projects T erwan.lacheteau@dlapiper.com Jeremy Scemama Partner, Corporate T jeremy.scemama@dlapiper.com Karine Disdier-Mikus Partner, Intellectual Property T karine.disdier-mikus@dlapiper.com Pierre-Alain Bouhénic Partner, Restructuring T pierre-alain.bouhenic@dlapiper.com Bijan Eghbal Partner, Employment T bijan.eghbal@dlapiper.com Pascal Martin Partner, Public Law T pascal.martin@dlapiper.com DLA Piper 27 Rue Laffitte, 75009, Paris T F paris@dlapiper.com DLA Piper is a global law firm operating through various separate and distinct legal entities. Further details of these entities can be found at Copyright 2017 DLA Piper. All rights reserved. APR