英國留學生dissertation酒店學范文：關于酒店資產管理的運營分析Hotel safe and efficient operation of assets

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Hotel owners in the management contract negotiations Mistakes

酒店業主在管理合約會談中的誤區

First, the management contract negotiation text text equivalent management contract negotiation, we should first be clear: the management contract is a non-equity -style hotel business model , which mainly includes the civil legal relations commissioned a series of contractual arrangements , including . Management contract this model, first introduced by Hilton Hotels Corporation introduced in the 1960s , from a long-term shared interests evolved over the lease contract , management contract and management contract text is different , the latter only reflects the civil rights and obligations legal documents .
首先，將管理合約文本的書契會談等同于管理合約會談，我們首先應該明確的是:管理合約是一種非股權式的酒店打理標準樣式，它主要里面含有了拜托有關民法的法律關系在內的一系列出賣文書安置。

Secondly, the contract text talk about the contract . Management contract was born in the common law of business environment, many provisions of expression and tone different from domestic contracts , if we only focus on the text of the contract , ignore the fact that the substantive meaning of the contract system itself , in the negotiations , it will appeared on the text and the text , the terms and the terms of negotiations , and even dwell on the contract in tone and more cf purely domestic contracts and contract management commission contract and management rights in favor of competing terms .
其次，就合約書契談合約。管理合約誕生于英美法系的經濟活動背景中，眾多條款的表現形式及語氣異于國內合約，假如我們只關心注視了合約文本，疏忽了這種出賣文書制度本身的本質性涵義，在會談中，便會顯露出來就書契而書契，就條款而條款的會談形式，甚至于纏磨于合約語氣上，并更多比照國內承包打理合約和天真的拜托合約，且偏向于搶奪管理職權范圍的條款。

These will not help owners get the contract benefits, but also the spirit of the contract with the management contract deviates . Contract management contract model in determining the risk management contract arrangements , the owners and the management company 's contract demands vary, but in the hotel business objectives and operating cost control, the demands of the owners and the management company are basically the same Therefore, the ownership of assets as the hotel owners who operate from the safety of assets and efficiency , access management contract contractual benefits , not only to meet the best interests of the owners , also in line with the contract management contract model for the management company generally accepted.

In fact , when the owners get a land assets , the management contract for the owners , which is essentially just a landlord establishes the significance of an asset management tool . So, we established the owners from asset operations safety and efficiency point of view , to focus on management of some of the key terms of the contract , the contract management contract characteristics , the expression of the owners to build and reasonable contract demands to care about than we simply text much more important.

Combined with past experience , the owners need to pay attention that some of the provisions proposed arrangements : the management company about cotton counterpart ( owners ) of hotel assets ( including land ) of the legal owner . In previous negotiations, about who the management company as a management contract Contracting counterpart , there are many different interpretations. In fact, the need to be clear is that the management company contracting locked object , but the hotel property assets, including legal owner of the land , this will involve delegate management rights to the hotel sources of legality and legitimacy . Therefore, such a number of provisions , is the need to understand the correct owners :

( 1 ) Management contract will emphasize the owners and when signing the contract period, the right of ownership of land and property assets of the hotel 's commitment to ( the owners agreed to transfer, transfer of property rights arising except ) , and , if the hotel is not in the contract state built or under construction , the management company will be concerned about the construction of the entire hotel property investment if there is a reasonable satisfaction of financing options. Based on this , management contracts require owners to bear the cost alone : hold property -related taxes , for the purchase of property assets, property class of insurance , accrued reserve facilities , the capital expenditures , etc. , and these accompanying produce all types of taxes , in the management of the framework contract is not entered in operating expenses , which is the management contract model one of the characteristics of this contract .

( 2 ) the owners sell their shares or effective control over , and the owners sell the hotel property assets subject to reasonable restrictions . Here the key issue involved is to generate a contractual relationship with the management company of the relative change, leading management company for the future stability of the management of the concern . Therefore, you need to be agreed in the management of the contract , the owners considered these provisions , it should be for the future development of the company is expected to have a strategy , while focusing audit management contract assignment clauses in the conditions of the owners , is inconsistent with such expectations , and in the management contract stating .

Selection of hotel brand an important factor affecting the scale of investment in regional markets to be investment in the hotel , the management contract period , it can support a branded hotel to be selected , which is always a need to first solve the problem of the owners . International hotel management group , demands that its core business : the market share of hotel products to maximize the management of the lucrative remuneration , in order to achieve the brand value chain upgrading and group interests , therefore , brands and systems standards, these management the core values ??of the company to survive , which in the management contract negotiations would involve such a clause :

( 1) the owners will be asked for the " brand standards " ( also called " System Standard " ) compliance obligations. Based on this, " technical service assistance services agreement ", which is a foreign management company usually requires owners compulsory purchase of technical assistance services , which aims to urge the owners to comply with brand standards . There is a significant factor to be considered the owners are : ① " brand / System standard," and the owners are closely associated construction costs , the cost of their investment budget and the owners want to match . ② technical assistance services followed by "brand / System Standard " requires stability and continuity , to avoid such standards are inconsistent with the owner's investment result in the loss of reset . ③ technical assistance services, an important node in the establishment of technical service team approach to service , to meet the various owners to hire designers, architects, decorators , landscape architects , etc. requirements.

( 2 ) facilities ready sword often called "FF & E) Extraction and use a certain extent , FF & E of the extraction and use , but also for the" brand / System Standard , "the maintenance of the service , the need to fully understand the terms , that is why we got a premium brand to bring the property , while property criteria need to be considered to maintain cost.

Owner's control is the management of risk rather than

Management contract a long time span , usually between 15 to 25 years , the management of individual high-end luxury brands in terms of 30 years or so. Despite the complexity of the legal relationship management contract , but the main contract management rights to all of the hotel commissioned as the main legal relationship. Therefore, long-term assets by huge hotel management company , as the ownership of the asset , owners concerns and worries are taken for granted. Some owners believe that: through more in-depth and extensive hotel management to control ( such as the various systems and audit expenses , etc. ) , to achieve the hotel's control , we believe that this argument is debatable , in fact , the owners as an asset owner instead of hotel managers in the management contract to consider such a system is appropriate .

( 1) assist in the localization of international brand hotel , the hotel in the local coordination of good public relations , the owners shall, according to their own requirements , considering the way the owners on behalf of the owners sent representatives accredited institution , two factors need to be considered : First, serving professional qualifications , the second is the right boundary of the division ;

( 2 ) Notwithstanding the owners' representatives , establish a management company and co- owners of the usual communication mechanism between and temporary joint communication mechanism ;

( 3 ) agree to recognize the management company 's business plan , business plan agreed upon the content and submission time , and the timely introduction of expert arbitration mechanism ; ( cited funds to pay the reasonable supervision system which degree the design of the management contract , whether they are related to the control management rights , the owners of conception is important, and the payment of funds for the hotel project and type very complicated , so we favor is a reasonable regulatory regime , rather than binding management company operating a hotel , but not for everyday business management to set unnecessary obstacles .
Operating performance evaluation system benefits expected

Obviously, any one want the hotel owners are not long-term loss of performance , which is seeking the owners entered into a management contract for International Management Group advanced management ideas and technology , as well as the intention and purpose of our services , however, that any one Management Company also hotel performance to the owners promised not return , because the results do not depend on the hotel management company , but on the future of the market, and this market is sensitive and vulnerable. How to go inside in the management contract to adequately address the concerns of the owners , at the same time , but also allows management companies need to assume the obligations it is not their responsibility ,

The point is not " poor performance , who bears the responsibility ," but rather , a reasonable exit contract termination mechanism . There are two content owners need to be concerned in the management of the contract :

    ( 1 ) It should be noted that management companies charge a management fee has two parts , one is the basic management fees, incentive management fee is two , then let more incentive management fee reflects its intention to set the contract , it should work with hotels the level of gross operating profit more closely linked ;

    ( 2 ) The hotel's operating results primarily depend on the market , however, in addition to market factors , the management of contractual rights and obligations , the Management Company in obtaining the right after the hotel management , hotel performance should be right to assume management responsibility , this responsibility mainly reflected in the results of the evaluation of the above . To establish a scientific and rational evaluation mechanisms , while also introducing a contract can exit mechanism, which is crucial for the owners .

    In summary, the management contract that was born in the context of common law contract model , the more rights and obligations from hoteliers agreed business practices , coupled with native speakers of English expression, so most domestic owners limited understanding of management contracts , how to understand the essence of management contracts , to accurately establish the owners of the contractual benefits management contract , in this typically lasts more than 20 years in the contract , is essential.