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BUSINESS TO BUSINESS CONTRACTS SARA LANDINI. TOURISM INDUSTRY CONTRACTS AND STRUCTURAL FORMULAS: MANAGEMENT AND OWNERSHIP The most common forms of business.

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Presentation on theme: "BUSINESS TO BUSINESS CONTRACTS SARA LANDINI. TOURISM INDUSTRY CONTRACTS AND STRUCTURAL FORMULAS: MANAGEMENT AND OWNERSHIP The most common forms of business."— Presentation transcript:

1 BUSINESS TO BUSINESS CONTRACTS SARA LANDINI

2 TOURISM INDUSTRY CONTRACTS AND STRUCTURAL FORMULAS: MANAGEMENT AND OWNERSHIP The most common forms of business ownership are the sole proprietorship, partnership and corporation. It is also possible to separate ownership from management though contracts like lease and management.

3 HOTEL LEASE A lease is a contract between the property owner (lessor) and a lessee (or tenant) who obtains the right to possess and use the property owned by the lessor for a certain period of time without gaining ownership. Tenant agrees to pay rent and a deposit. Upon regaining possession of the property, Landlord shall refund to Tenant the total amount of the deposit less any damages to the property, normal wear and tear expected, and less any unpaid rent.

4 HOTEL LEASE A lease agreement is almost like ownership. Lease agreements are not particularly popular among big operators, because they are quite risky and costly.

5 HOTEL LEASE Particular conditions: +owner’s cost and responsibility +redevelopment clauses or early termination clauses +compensation for the loss of goodwill

6 FRANCHISING A franchise contract is an agreement under which one party (the franchisor) grants another party (the franchisee) the right to carry on a business supplying goods or services under a specific system or marketing plan.

7 FRANCHISING Particular duties and conditions -Duty of disclosure. ( the franchisor is obliged to send to the franchisee a disclosure document ) -provisions relevant to the use by the individual franchisee of the franchisor’s distinctive signs, trade name, trademark, service mark, store sign, logo or other distinguishing identification; -the franchisor’s right to adapt the franchise system to new or changed methods; -the duration of the agreement which should be long enough to allow individual franchisees to amortize their initial investments -Term of payment

8 MANGEMENT It is an agreement under which a company (called operator or provider) runs a business on behalf of a third party (called owner) in return of a fee. In this arrangement the responsibilities and rewards of owning and operating are divided in accordance with the contract drawn up between the parties.

9 MANAGEMENT The main obligations of the owner are: fee payment and obligation for operator’s integration into the owner’s structure. The main obligations of the operator are related to its fiduciary duties. Other obligations refer to the exact goal assumed by the provider or represent implicit means to achieve the scope of the relationship (assignment of management staff and staff training, respect for the managed company’s policy, obligation to integrate the managed company in the provider’s business network) There is a bilateral obligation of collaboration and of non competition

10 MANAGEMENT Main characteristics: It’s founded on a fiduciary duty It’s a typically incomplete agreement because it is not possible to determine in advance all the aspect of the relationship, but many aspects need to be constantly negotiated because of the above considerations


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