호텔경영계약시 자본참여, 경쟁제한, 상표권, 분쟁해결 및 계약종료에 관한 연구

A Study on hotel Management Contract regarding Operator Loan and Equity Contributions, Restrictive Covenants, Trademark Right, Dispute Settlement Procedures, and Condition for Contract Termination

This study was designed to examine the analytical comparisons, the point of issues and reform measures of major contents of the management contracts of 8 domestic hotels which have introduced the internationally operating chain hotel brand of management companies, through which to furnish the upright information on negotiation of management contract for domestic hotel owners. The study was carried out by the methods of documentary and specialists group interviewing ones at the same time. It focuses on review of the management contract letters of 8 domestic hotels for fact-findings by the comparative study method. It was chosen a method of interviewing of the related specialists group as a study of management contract letter and relating questionnaires were given to 12 hotel management-related specialists for balancing the objectivity of research materials in which only the common opinions were accepted. The components of questionnaires on concerning specialists were categorized as general notions on hotel management contract, operator loan and equity contributions, restrictive covenants, trademark right, dispute settlement procedures, and condition for contract termination. As a result of the interviewing survey on the hotel management-related specialists, it was proposed the improvements as follows. It is beneficial for the owner to introduce operator equity participation as much as possible under the condition the management right is not to be violated, and to introduce financing also as the owner needs more funds in the beginning of hotel operation. The owner is to set the restrictive area provisions specifically by real or geographical distance in order not the business area of owner to be encroached by similar properties of the management company. Regarding the rights of trademark, the owner should negotiate with the operator that additional management fees are not be paid, if possible, when another revenues are created thru expansion of outside catering business, and the consumption inventories are to be used up for the hotel operation until they exhausted regardless of the termination of the management contract. Concerning dispute settlement procedures, the both parties need to clarify prior dispute items and ranges, and to establish and solve the problems thru the dispute settlement committee before going to the litigation. Relating to the termination of the contract provision, if the actual revenue is less than the budget, the option to terminate by the owner should be stipulated in the operator performance provisions. Generally, this study suggests that the hotel management contract should be balanced to both the owner and operator.