Lawyers for hotels and hotel chains

Under a lease, the operator pays rent to the owner and bears the business risk. Under a management agreement, the operator runs the hotel on the owner’s behalf in return for fees, and the business risk stays with the owner. Under a franchise, the hotel is operated using the franchisor’s brand and systems in return for royalties.

Parity clauses have been closely examined by European competition authorities. Booking.com, designated as a gatekeeper under the Digital Markets Act in May 2024, cannot prevent hotels from offering better terms on other channels, including their own website. For other platforms, validity depends on the scope of the clause and the country.

Accommodation establishments must register and report to the Spanish Ministry of the Interior the traveller and transaction data set out in Royal Decree 933/2021. That data is processed in accordance with the GDPR: only for that purpose, with security measures and for the prescribed period.

As a general rule, the reduced rate of 10%. Other hotel services may be taxed at different rates, and some autonomous communities also levy a tourist tax per stay.

Yes. We have clients in Europe, North America, Latin America, the Middle East and Asia-Pacific. We negotiate multi-jurisdictional contracts and coordinate with local lawyers where each country’s rules require it.

It must notify the supervisory authority, in Spain the AEPD, within 72 hours of becoming aware of it, unless the breach is unlikely to result in a risk to individuals (article 33 GDPR). If the risk is high, it must also inform the affected individuals without undue delay (article 34). All breaches must be documented internally.