Tourism and hospitality law

In Extenso Avocats employs a team of lawyers specialising in tourism, hotel et restaurant sectors working in France and abroad.

Today, we advise dozens of professionals in the hotel and restaurant industries.

Drawing on our hotel and restaurant industry expertise, we advise and represent small businesses, medium-sized enterprises and larger operators, both nationally and internationally. These include:

  • Hotel and apart-hotel owners and operators
  • Real estate and / or hospitality investment funds
  • Private and public investors in the hospitality, tourist lodging and restaurant industries

Our lawyers offer support in monitoring hotel or restaurant operations

Our teams are highly experienced in all areas of hospitality, meaning our advice is based on hands-on industry knowledge. We offer practical assistance in the following areas:

  • Drafting and negotiation of commercial leases, lease management contracts, franchise agreements
  • Assistance in all commercial lease issues: renewal, rent revision, contract execution, eviction
  • Drafting and negotiation of operational and commercial contracts, general conditions of sale
  • Preparation of employment contracts, notices of dismissal, representation at industrial tribunals and before the social security contributions collection agency (URSSAF) and tax authorities

 

Our team of dedicated lawyers helps clients develop new hotel and restaurant projects.

Having conducted a prior feasibility or market study for the most part, our clients seek to involve us in their thought process. If need be, In Extenso Avocats can advise on legal and tax arrangements in the very early stages of a project, working where necessary with the client’s hotel consultants, technical advisors, accountants and solicitors. We offer advice in the following areas:

  • Assistance with land purchases, building works, building leases, off-plan lease agreements and commercial leases
  • Analysis of legal feasibility (servitudes, planning regulations to be respected during the building’s construction/renovation and operation)
  • Tax optimisation with regard to the structure of the acquisition or group

In Extenso Avocats assists clients with hotel and restaurant acquisitions, sales and financing.

Our lawyers offer custom expertise and support at all key stages of a strategy or project’s implementation, both in France and abroad. Our clients appreciate the flexibility and reactivity of our firm, as well as its experience in the following fields:

  • Domestic or cross border transactions, on invitation to tender or directly between parties
  • Legal, tax and employment audits
  • Drafting of sales agreements, liability guarantees, share sale agreements, business sale agreements
  • Tax optimisation strategies
  • Drafting and negotiation of all types of loan agreements
  • Monitoring of guarantee registrations (collateral, mortgages)
  • Property and equipment leases, lease-back transactions

 

In Extenso Avocats has wide-reaching experience in hospitality and restaurant litigation.

We claim to be hands-on lawyers with proven experience in all types of hospitality, restaurant and property litigation. What could be more reassuring for clients, then, than calling on a practised litigator to ensure legal effectiveness in the event a case goes to court?

Our litigation lawyers frequently deal with the following issues:

  • Commercial leases, lease-management contracts, hotel management contracts
  • Construction works, renovation, building delivery and snagging and builders’ warranties
  • Commercial relations with suppliers and service providers, breach of contract
  • Claims handling (all types), relations with insurance companies, appeals for compensation
  • Sales litigation
  • Invoking liability guarantee

In Extenso Avocats advises on hotel and restaurant asset monitoring and restructuring.

Our clients trust us and seek our legal and tax advice. We apply our expertise on a case-by-case basis and can rapidly bring on board our lawyers with regard to:

  • Choice of company structure
  • Mergers, demergers, capital contribution and group restructuring
  • Employment law and social security protection
  • Intellectual property and new technologies, protection of personal data.

This list is not exhaustive.

Nb. Depending on the complexity of the issue (notably issues involving property and construction, or acquisitions and restructuring), our teams work closely with specialised consultants at In Extenso Tourisme, Culture & Hôtellerie, for example, enabling us to offer pragmatic advice.

 

Opinion articles

Five Essential Checkpoints For Successful Buy-Side Due Diligence – Hospitalitynet.org, 3 April 2019
By Christopher Boinet, Lawyer at the Paris Bar and Partners at In Extenso Avocats and Anne Epinat, Partner In Extenso Avocats and Christian Bardet, Managing Partner of In Extenso Côte d’Azur

A proverb states that prudence does not avoid all misfortune, but a lack of prudence never fails to attract it. This is why due diligence is a vital step in buying a hotel. In a hotel acquisition context, the term “due diligence” refers to the investigations carried out by the prospective buyer. These investigations focus both on the hotel assets (i.e. the operating building as a whole) and the company that owns these assets or operates the hotel. Due diligence must also enable the buyer to fully appreciate the hotel’s business, understand its structure, environment and market, and analyse the long-term viability of their project…

French Hotel, tourist residence and apart-hotel leases are evolving – Hospitalitynet.org, 22 August 2017
By Christopher Boinet, Lawyer at the Paris Bar and Partners at In Extenso Avocats and Anne Epinat, Partner In Extenso Avocats

Commercial leases, as well as hospitality and restaurant contract law, have been disrupted by the new regulations in France, applicable since 2014. Are these major shifts in tenancy relations in line with the economic challenges facing the French hospitality sector ?…

How Owners And Operators Successfully Negotiate in France ‘reverse’ Hotel Management Agreements – Hospitalitynet.org, 16 August 2017
By Christopher Boinet, Lawyer at the Paris Bar and Partners at In Extenso Avocats

In France, the negotiation to determine whether the hotel’s employees are employed by the owner or the operator is a contractual key matter. French owners require more frequently to pass the responsibility of employment to the operator, which has significant consequences on the negotiating and on the drafting of hotel management agreements…