Practice area
Tourism and Hospitality
Advice to hotels and tourism businesses on operating and management agreements, leases of facilities and tourism certificates.
Scope
Tourism investment sits where property law, commercial law and administrative permits meet. Under the Tourism Incentive Law No. 2634 and its implementing regulations, certification, the operating model and the contractual structure need to be considered together. Our firm assists hotel owners, operators and investors within the legal framework of this process.
- Drafting and negotiating hotel operating and management agreements
- Long-term leases of hotels and tourism facilities
- Legal support with tourism investment and operation certificate applications
- Review of travel agency, tour operator and supplier contracts
- Legal due diligence on the transfer or acquisition of a facility
- Commercial disputes involving tourism businesses, including mediation
Process
How it generally works
- Assessing the project
The ownership position, zoning and permit history of the facility are reviewed together with the intended operating model.
- Legal due diligence
Title records, existing contracts, certificates and potential liabilities are examined in detail.
- Contract structure
The key terms of the operating, management or lease agreement are settled in line with the parties’ expectations and a draft is prepared.
- Negotiation and signing
We conduct negotiations with the counterparty and follow up signing and any required registration or annotation at the land registry.
- Operating period
Advice continues on questions arising during performance of the agreement and on certificate renewals.
- Title deed record and zoning status certificate of the facility
- Occupancy permit
- Any tourism investment or operation certificate
- Existing operating, management or lease agreements
- Trade registry records and signature circular of the company
- Licences and permits relating to the facility
- Insurance policies
Questions
Lawyers working in this area
- Av. Nevra Akyarlı · TR EN DE
- Av. Defne Ertürkmen · TR EN DE
What is the difference between an operating agreement and a management agreement?
In practice, under an operating agreement the operator largely assumes the commercial risk, whereas under a management agreement the operator provides management services in the name and for the account of the owner. The content of the agreement matters more than its title. Revenue sharing, performance criteria and termination rights should be carefully drafted under either model.
Is a tourism certificate mandatory?
A tourism certificate is not mandatory for every accommodation facility, but it is relevant to access to incentives and certain rights. The appropriate type of certificate depends on the nature of the facility and the investment plan. The minimum requirements in the applicable regulations should be reviewed before applying.
May a foreign investor operate a hotel in Türkiye?
Foreign investors usually operate or lease a hotel through a company incorporated in Türkiye. Where real estate is to be acquired, the restrictions on acquisition of property by foreigners are considered separately. The structure should be planned together with tax and work permit matters.
This content is for general information only and does not constitute legal advice.
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