Contractual Models in the Hotel Industry: A Comparative Legal Overview

The hotel industry operates under a variety of contractual models that separate ownership from operations, including lease agreements, franchise contracts, management agreements, consortia, and joint ventures. This article provides a comprehensive legal overview of these main contractual models, with a focus on their characterization and regulation under Greek law and in the broader European context. It examines the extent to which these contracts are defined by law or left as innominate agreements, and the legal uncertainties that arise when contracts are mixed or unnamed. The analysis covers relevant Greek civil law provisions, EU law influences (notably competition law and the freedom to provide services), (European Commission, 2022) and comparative perspectives from France, Germany, and Italy. Significant differences emerge: for instance, while Greek and German laws rely on general contract principles and case law to govern franchising and hotel management agreements (Athanasiou, 2004; Diathesopoulos, 2007; Georgiadis, 2003; Georgiadis, 2015), France and Italy have introduced specific legislation (e.g., France’s Loi Doubin and Italy’s Law 129/2004) to improve pre-contractual disclosure and stability in franchise relationships (Unidroit, 2007; Waldzus, 2014). The consequences of legal uncertainty in these contracts are explored, especially regarding investor confidence, legal predictability, and sustainable tourism management (HospitalityNet, 2023). The article concludes with recommendations to enhance clarity and uniformity in hotel industry contracts—such as adopting best practices or targeted regulations—to support sustainable and predictable growth in the tourism sector.