There are many brands and hotel companies. We can say what are the right or wrong decisions that are made. But the right choice is the one that fits your needs perfectly. Akaryn Hotel Group was created by a hotel owner for hotel owners. Because we proudly own real estate, we think like homeowners, and we protect the interests of homeowners. At AKARYN, our pre-opening services are specially tailored to the needs of the hotel owner, where our objectives and objectives in terms of standards, turnover and above all costs correspond to those of the owner. Our success is based on your success. Although the owner is responsible for the involvement of design professionals, the brand retains certain licensing rights in relation to the project architect, interior designer, engineer, contractor and other senior advisors. Parties may agree to include in the Technical Services Agreement a list of experts in acceptable or previously approved designs, or to further define the scope of these licensing fees by specifying the minimum criteria that experts must meet. In Castillo Grand, it was found that the TSA did not explicitly define the scope of the brand`s discretion when design professionals were admitted and in fact left it to the Florida law to provide for the extent of that discretion. Given that the law in Florida requires the parties to act in good faith, which limits a party`s ability to act arbitrarily or goateed in the exercise of its discretion, the court had reason to conclude that the mark had exceeded its contractual rights by the manner in which it was included in the professional selection process of the interior architecture.
, which went well beyond the initial agreement of these professionals. The construction of a beautiful hotel alone does not guarantee its lasting success. In the absence of objective standards within the TSA, the court found that trademark approval required everything necessary to make the project`s interior architecture attractive to the decision makers of the brand`s executives. What complicates matters further is that the leaders and the design team have completely changed over the course of the project. With the “running meter” on the construction loan, the owner began to rush the normal planning and construction process on an extreme “fast track” called “cave construction.” In this “process” parts of the hotel were built by the training of subcontractors from sketches, notes and instructions from the interior designer instead of formal drawings. Mistakes, problems and compromises have led to escalating conflicts between the owner and the brand. The management agreement and the TSA are usually negotiated and signed before anticipating the pick for the hotel project. As a result, some provisions of the TSA are necessarily broad to account for many unknown aspects of the design, design and construction of the project. This inherent limitation of details can lead to future problems and disagreements to the detriment of the parties and the project. In a recent decision of the New York State Supreme Court in a case concerning the design and construction of the St. Regis Hotel – Residences in Fort Lauderdale, Fla. ownership or operating disputes relating to the design, construction and opening of the project, as well as the impact of the technical service contract terms on the project and the working relationship of the parties? the failure of the parties` relationship, the loss of the brand, construction and opening delays, as well as the substantial increase in construction and debt service costs.