The hotel franchise contract in the HoReCa domain and applicable ADR methods from a comparative perspective

Abstract

The hotel franchise contract in the HoReCa field is of particular importance from the point of view of the development of this network, of increasing the profitability of the business of both contracting parties, respectively of the franchisor and the franchisee. The interpretation of the clauses resulting from this contract, specific to this domain of activity, implicitly generates a series of disputes. This article provides an overview of the clauses specific to this type of contract as well as the alternative dispute resolution methods (ADR) used in the case of disputes resulting from the international hotel franchise contract and, in particular, of mediation and arbitration. The article also presents considerations regarding legal solutions adapted to online platforms, in particular regarding the ADR method of online mediation (ODR).