Hotel Finance Contracts and Litigations

Tourism Law, Hotel Rental, Hotel Purchase and Sale, Hotel Management and Hotel Finance Contracts and Litigations

Tourism Law; It is a unique branch of law that has developed in recent years, dealing with all elements such as tourists, tourist groups, tour guides, agencies, hotels and the relations between them and the disputes arising from these relations in the tourism sector.

The fact that Tourism Law is a new branch of law, its scope is quite wide and scattered, and that it is a new field, therefore, the small number of lawyers who are experts in tourism law and the size of the tourism sector necessitate expertise in tourism law. Moreover, another issue that requires expertise in tourism law is that the tourism sector is an international structure and its components are multifaceted.

Güneş & Güneş Law Firm, which specializes in and gains experience in all areas of Tourism Law, as the lawyer of accommodation facilities, hotels and holiday resorts, tour operators and travel agencies, supplier companies, investor companies and tourists in the tourism sector with over 25 years of experience, provides offices to domestic and foreign clients in Antalya and Turkey. It continues to serve as a hotel and tourism lawyer in all fields and disputes of the tourism sector, especially in tourism law, tourism, hotel rental, hotel purchase and sale, management and hotel financing contracts and lawsuits with tourism law lawyers.

As Güneş & Güneş law firm we provide hotel rental agreements, hotel management agreements, hotel investments and financing, rental and transfer transactions of tourism businesses, hotel rental and management agreements, travel agency, hotel, hostel etc. Negotiating the contracts of tourism enterprises, representing them in the negotiations, preparing the contracts, canceling the contracts, evacuating the hotel and holiday village, purchasing the hotel/holiday village or renting the hotel/holiday village within the scope of the preparations, after examining the actual and legal situation of the hotel to be the subject of the contract, In addition to the services of keeping the necessary minutes, our clients are best represented in the agreements to be made with national and international investors and financial institutions. As a law firm; When it comes to our clients’ hotel investments, we carry out processes such as the creation, development, financing of project drafts, determination of the zoning status of the land, its purchase, construction permit and license acquisition, land allocation or sharing, incentive application. Hotel Rental, Hotel Management, Hotel Management, Build-Operate-Transfer Model, Hotel Purchase and Sale Agreements, Hotel Rental Agreements, Hotel and Hotel Rental Agreements, Prepared in Many Foreign Languages by Attorneys of our Law Office who speak and speak English, German, Russian and Dutch with a command of foreign languages. In addition to issuing financing agreements, other services we provide include business and brand license agreements, procurement and management model development, advertising activities and asset transfers subject to special procedures.

With more than 23 years of experience in the tourism sector, our Law Firm, which is competent in fields including Accommodation, Tourism Law, Tourism, Hotel Rental, Hotel Purchase and Sale, Management and Hotel Finance Contracts and Litigations, major Hotel and Tourism Advocacy Services provides the following services:

• Preparation of Hotel rental agreements, hotel management agreements, hotel investments and financing, rental and transfer transactions of tourism businesses, hotel rental and management agreements, travel agency, hotel, hostel etc. Negotiating the contracts of tourism enterprises, representing them in the negotiations, preparing the contracts, canceling the contracts, evacuating the hotel holiday village, purchasing a hotel/holiday village or renting a hotel/holiday village within the scope of the preparations, after examining the actual and legal situation of the hotel to be subject to the contract, Tourism Law Consultancy/Tourism Advocacy Service regarding the best representation in agreements to be made with our clients, national and international investors and financial institutions, in addition to the services of keeping the necessary minutes,
• Filing a Lawsuit Against the Process Regarding the Cancellation of the Preliminary Permission Granted Before the Final Assignment of the Public Immovables to the Tourism Investor with the Easement Agreement; Filing a Lawsuit Against the Process Regarding the Cancellation of the Tourism Investment Certificate, Filing a Lawsuit Regarding the Final Allocation, Rental or Cancellation of the Usage Permit of the Public Immovables to the Tourism Investor; Making the Permit Application Procedure for the Transfer and Transfer of the Hotel or Holiday Village and Tourism Enterprises with the Easement Agreements Signed with the Public, Finalizing the Follow-up, Preliminary Permission Fee Requested in the Process of Allocation of Public Immovables to the Tourism Investor, Aga
• Dealing with Disputes Resulting from Fees such as Planting and Afforestation Maintenance Fee, Rent, Easement or Use Permit Fee, Forest Villagers’ Development Income, Social and Technical Infrastructure Contribution Share, Conflicts Related to Easement Rights, Rent and Expenses (Occupation Compensation) and Against the Process Regarding Cancellation of Tourism Operation License Litigation, Process Follow-up of the Lawsuits, Finalization of Cancellation Lawsuits Tourism Law Consultancy/Tourism Advocacy Service,
• The Law on the Organization and Duties of the Ministry of Culture and Tourism Related to Tourism Investment-Enterprises, which can be directly covered by Tourism Legislation Legal Regulations and Tourism Legislation Containing Only Provisions Specific to the Tourism Sector, Tourism Encouragement Law, Travel Agencies and Travel Agencies Union Law and Travel Agencies Regulation, Association of Travel Agencies Regulation, Yacht Tourism Regulation, Principles of Navigation of Yachts in Territorial Waters, Regulation on Certification and Qualifications of Tourism Facilities, Regulation on the Implementation of Penal Provisions of the Tourism Promotion Law, Regulation on Professional Tourist Guidance, Regulation on the Control of Tourism Investment, Operations and Organizations, Public Real Estate Regulation on the Allocation of Tourism Investments, Regulation on Employment of Foreign Personnel and Craftsmen in Certified Tourism Enterprises, Study for the Determination of Tourism Regions, Tourism Areas and Tourism Centers In addition to Organizations Belonging to Other Sectors, Containing Direct Tourism Laws and Regulations such as the Regulation on the Formation of a Groups, their Duties and Authorities and the Way of Working, the Regulation on the Relationship of Tourism Enterprises with the Ministry, Each Other and Their Customers, and the Regulations on Direct Tourism, such as the Regulation on Sportive Activities for Tourism Purposes, and Summary Provisions on the Tourism Sector. Legal Regulations Concerning Entrepreneurs and Tourists in the Tourism Sector, Identification Law, National Parks Law, Environment Law, Coastal Law, Forest Law, Passport, Visas, Residence and Real Estate Acquisition Regulations of Foreigners in Turkey and Other Regulations Related to the Operation of Alcoholic Places Applications (Regulation on the Principles to be Applied to Places Subject to Permission to Open), All Kinds of U Tourism Law Consultancy/Tourism Advocacy Service at Every Stage of Dispute, from Permission and Application to the Administration Regarding the Problems, Complaints, Solutions and Sanctions Related to Conflicts and the Relationship of Tourism Enterprises with the Ministry, Each Other and Their Customers,
• Tourism and Health Tourism Legal Counseling and Advocacy Services on All Kinds of Issues Regarding the Solution of the Problems arising from the Relations of Tourism Enterprises with the Ministry, Each Other, and Customers and Guests in accordance with the Law on Consumer Rights and Consumer Protection in Tourism,
• Dealing with all Agreements (Accommodation Facility Agreements (Hotel Agreement), Hotel Quota Agreements, Hotel Group Agreement, Tour Operator Agreement, Financial Rental Agreements, Franchise Agreements, Package Tour Agreements, Tourism Travel Agency Overseas Package Tour Agreement, Agreements Between Accommodation Operator and Travel Business, Agreements Between Accommodation Business and Consumer, Agreements Between Travel Businesses and Consumers, Other Agreements Between Tourism Businesses, Timeshare Agreement Reservation And Tour Sales Agreement, Joint Entrustment Agreement made by the Administration, Public Service Concession Agreement, Financial Leasing Agreement, Public Loan Agreement, Administrative Service Agreement, Mining Operation Concession Agreement, Forest Operation Agreement, Build-Operate-Transfer Agreement, Easement Rights Agreement, Hazi Agreements on the Establishment of Easement and Use Permits on Immovable Properties, All Kinds of Service and Employment Agreements, including Uncertain, Certain, Partial, Trial, On Call and Team Agreements with Tourism Personnel, Purchase, Rental, Operation and Transfer Agreements of the Tourism Sector, Tourism Law in Periodic Holiday Contracts, Arrangement of Management Contract, Execution of Contract Processes, Consultancy and Representation in Contract Relations and Negotiations, Interpretation of Concluded Contracts, Financial and Legal Risk Reporting of Contracts, Termination and Cancellation of Contracts and All Kinds of Litigation arising from Tourism Contracts Consultancy / Tourism Advocacy Service,
• Inspection and Post-Inspection of the Administration, Especially the Ministry of Tourism and Related Institutions, Tourism Enterprises, Travel Agencies and Other Certified Businesses Detected in Insist, Repeat. Warning Penalty, Administrative Fine and Administrative Application Against the Cancellation of Documents, Application to Litigation for the Annulment of These Penalties and the Cancellation of These Sanctions and Penalties. Tourism Law Consultancy/Tourism Advocacy Service,
• With respect of facilities with Tourism Operation Certificate; Administrative Application Against the Cancellation of Yacht Tourism Certificates of Tourism Enterprises and Yachts, Which Are Suffered from the Penalty of Cancellation of Tourism Operation License Due to Actions of Duplicity, Failure to Fulfill the Commitment, Unauthorized Transaction, Inconvenience and Decreased Quality, and Application to Litigation for Cancellation of These Penalties and Annulment of These Sanctions and Penalties
• With respect of Tour Travel Agencies; Behaving in Contrary to the Obligation of Collateral, Engaging in Prohibited Activity, Absence of Mandatory Personnel, Contrary to the Obligation to Provide Information, Contrary to the Obligation of Confidentiality, Misleading Advertisements and Advertisements, Undocumented Activity, Failure to Comply with the Obligation of Honesty, Failure to Comply with Tour Base Prices, Foreign Exchange Quota) Tourism Law Consultancy/Tourism Litigation Regarding Actions and Sanctions such as Non-Compliance with Tourism Regulations,
• Tourism Investment Certificate with Tourism Facility Certificates, Tourism Operation Certificates, Tourism Trial Operation Certificate, Partial Tourism Operation Certificate, Partial Trial Operation Certificate and Yacht Tourism Certificates, Marina Certificates, Yacht Certificates, Travel Agency Certificates, Temporary Operation Certificate, Group A Operation Tourism Law Consultancy for the Process of Making Applications for Certification of Tourism Facilities and Travel Agencies such as Certificate, B and C Group Business Documents, Preparation of Application Files, Relevant Documents and Receiving the Relevant and Necessary Documents by Concluding the Application, Follow-Up of the Relations and Transactions of the Tourism Sector with Public Institutions and Organizations/ Tourism Litigation Advocacy Service,
• Ensuring the Clients Benefit from the Incentives Provided to Tourism Facilities, Investments and Businesses and Incentives Related to Investment Incentive Certificate, Customs Duty and Mass Housing Fund Exemption, Investment Discount, Value Added Tax Exemption, Tax, Duty and Duty Exemption for Transactions Considered as Export, Real Estate Tax Exemption, Building Construction Fee Exemption, Value Added Tax Exemption, Exemption Fee Out of Fent, Credit Facilities, Payment Facilities, Structural Incentives, Land Allocation, Land Allocation within Touristic Regions, Land Allocation Outside Touristic Regions, Facilitation in Acquisition of Real Estate, Allocation of Healing Waters, Communication Facility Providing Incentives, Discounts and Benefits Provided to Tourism Operators and Investors such as Employing Foreign Personnel, Yacht Management Facilities, Other Business Incentives, Taking the Under 18s to Alcoholic Places, Sales of Alcoholic Beverages, Public Holidays, Weekends and Lunch Holidays. Application to Relevant Institutions, Tourism Facility Tourism Law Consultancy/Tourism Advocacy Service for Certification of Public Real Estates, Allocation of Public Immovables to Tourism Investments and Extension of Allocation Periods,
• Hotel Rental, Hotel Management, Hotel Management, Preparation of Hotel Rental Agreements, Hotel Purchase and Sale Agreements, Hotel Management Agreements, Hotel Investments and Financing, Hotel-Oriented Projects, Actual and Legal Status of the Hotel Using the Build-Operate-Transfer Model. Conducting Necessary Researches Before Land Registry, Municipality, Relevant Institutions, Ministry of Tourism, Trade Registry Offices, Courthouse, Conducting and Reporting the Eligibility for Rental and Purchase-Sale Research, Evaluation of your Tourism Investments from a Legal Perspective, Presenting Legal and Actual Suggestions Minimizing Your Risks, and Economic and Legal Preparation of the Feasibility Report, Representation in Agreements with Local and International Investors and Financial Institutions, To Our Clients Who Are Mainly Hotel Businesses; Preparation, Negotiation, Termination of All Kinds of Contracts with Tour Operators, Agencies, Suppliers, Customers and Related Individuals and/or Companies, Hotel Investments and Financing, Representation in Agreements with Local and International Investors and Financial Institutions Tourism Law Consultancy/Tourism Advocacy service,
• Resolving the Problems and Disputes arising from the Reservation Between the Guest/Customer/Agent/Hotel in Hotel Contracts; To the Necessary Institutions, Hotels and Travellers in order to eliminate the material and moral damages that domestic and foreign tourists may encounter during their domestic or international travels. Tourism Law Consultancy/Tourism Advocacy Service on Subjects such as Operation of the Necessary Procedure for Application to Line Agencies, Reclamation Disputes, Recommendation Management and Prevention in Hotels, Resolving Recommendation Problems, Representing Domestic and International Tourist Travel Agencies in Cases of Damage That May Occur in Turkey, Providing Trainings on This Subject,
• Within the Scope of Obligations Brought Pursuant to the Law on the Protection of Personal Data (KVKK), Carrying out Studies on Making Hotel and Tourism Businesses and Individuals Compliant with the Law and Related Regulations on the Subject of KVKK, Providing Trainings on the Personal Data Protection Law (KVKK), Pursuant to the Personal Data Protection Law (KVKK) Tourism Law Consultancy/Tourism Advocacy Service for Objection to the Administration and Cancellation of the Sanctions and Administrative Fines Given by the KVKK Institution,
• Preparation of Mooring Agreements for Marinas and Ports and Resolution of Disputes Arising from Mooring Contracts; Marina Advocacy, Concert and Conference Organizations and Advertisement Contracts, Arrangement, Cancellation and Refund of the Price and Compensation Lawsuits, Action for Cancellation of the Resolutions Taken at the Ordinary General Assembly Meeting of the Timeshare Owners, Due to the Failure of the Timeshare Owner to Benefit from the Timeshare Rights Due to the Company’s Fault Compensation Lawsuits, Other Disputes Resulting from Timeshare, Tourism Law Consultancy on These Issues / Litigation Attorney Services / Tourism Lawyer Service,
• Lawsuits Arising from Defective Services Resulting from Tourism Accommodation, Tours and Travels, Lawsuits Arising from Timeshare Holidays, Lawsuits Arising from Package Tours, Lawsuits Arising from Installment and Campaign Sales, Applications to the Arbitration Committee for Consumer Problems, Lawsuits Arising from Consumer Loans, Applications to the Advertisement Board, Tourism Law Consultancy/Tourism Advocacy Service on Issues such as Supervision and Arrangement of Timeshare Contracts,
• Hotels; Providing Legal Consultancy and Advocacy Services in Relationships with Suppliers, Travel Agencies, Tourists, Employees and All Other Persons with which they have Legal Relationships, Representation of Travel Agencies and Operation of Legal Procedures during the Establishment Phase, Providing Advocacy Services to Travel Agencies in All Kinds of Legal Transactions, Any Use of Hotel or Travel Agencies Tourism Law Consultancy/Tourism Advocacy Service for Preparation or Analysis of All Kinds of Documentation and Contracts,
• Marine Tourism Facilities Management Consultancy, Preparation of Contracts in Compliance with the Legislation Related to Marine Tourism Facilities, Preparation of Contracts Related to Marine Tourism Vehicles, Transfers, Purchases and Sales, Consultancy on the Principles of Navigation of Marine Tourism Vehicles in Turkish Territorial Waters, Duration of Stay of Foreign Marine Tourism Vehicles and Cabotage Rights. , Preparation of Contracts and Legal Consultancy in the Scope of Thermal Tourism in accordance with the Regulation of Spas and the Right to Use and Operation of Thermal Waters, Legal Consultancy in accordance with the Regulation on Sporting Activities for Tourism Purposes, Legal Consultancy in accordance with Legal Regulations for the Orientation of Tourism Investments,
• As Güneş & Güneş Law Office we provide to domestic and foreign investors or Joint Venture Capital, the following services : Guidance in investment for Tourism Facility (Hotel/Holiday Village/Pension/Motel/ Mall etc.) Project Development, Project Finance, Land Purchase, Services from the Beginning to the Termination Or Sharing, Determination of Zoning Status, Construction Licensing, Construction Phase, Brand and Business Licensing, Establishment of Supply Chains, Developing Management and Operation Model, Franchise of Accommodation and Hotel Businesses (Use of Name and Similar Rights Under the Brand and Group Umbrella), Management (Management) Negotiation, Preparation, Interpretation of Contracts such as ‘Manchise’ including Mixed Branding and Partial Management Support.