호텔경영계약에 있어서 계약기간 및 주요 분쟁조항에 관한 연구

A Study on Hotel Management Contract regarding Its Term and Major Contention Provisions

The purpose of 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 11 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 term and major contention provisions, let say, trademark right, condition for contract termination, and dispute settlement prccedures. As a result of the interviewing survey on the hotel management-related specialists, it was proposed the improvements as follows. It was suggested that the hotel owner’s bargaining power is prevailing over the operator, the length of the term should be rather shorter than past, for example, 5 to 10 years through which let the owner positively control the operator during operation. 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 are exhausted regardless of the termination of the management contract. 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. 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.