KUCERA hosts the Montagsgesellschaft. Topic: Hotels and Gastronomy in the Corona Crisis

On Monday, 25.05.2020, from 19:30, industry experts will discuss the topic:

Hotels & gastronomy in the Corona crisis: hope in sight or wave of bankruptcies ahead?

The coronavirus poses massive problems for the hotel and catering industry: The approximately 223,000 companies in the sector lost an estimated ten billion euros in turnover by the end of April. Around 70,000 hotel and catering businesses are said to be facing insolvency in the corona crisis, with small and medium-sized businesses in particular having little or no financial buffer.

A gradual reopening of the hospitality industry has been decided, but how this is to be achieved in practice will probably only become clear in the coming weeks. It is also questionable how many Germans will book overnight stays and visit restaurants again in their usual form.

What is the actual situation in the local hotel and restaurant industry? What is the next step? What solutions and ideas from the crisis are there?

On the panel are:

Julius Wagner, Chief Executive Officer, Hotel- und Gastronomieverband DEHOGA Hessen e.V.

Rolf Westermann, Chief Editor, ahgz Allgemeine Hotel- und Gastronomie-Zeitung

Matthias Frank, Partner Practice Group Hospitality, Kucera Rechtsanwälte

For the recording the Montagsgesellschaft is hosted by KUCERA. Watch the discussion here: https://www.youtube.com/watch?v=5iiSw6tym2I

Bye-bye written-form-curing-clause?

German High Court Bundesgerichtshof (BGH) has dismissed so-called written-form-curing-clauses. With this decision BGH ruled on a long-time controversial issue. Common practice intended to hinder early termination of long term leases by deploying curing clauses. Curing clauses are incompatible with section 550 German Civil Code which is mandatory and, therefore, always void. Seen individually, these clauses  cannot hinder a contracting party to terminate a lease on the grounds of a written form issue, BGH held. However, in the subject matter (BGH , decision  dated 27. September 017 , XII ZR 114/16)  the termination was held invalid. A party who terminates an inconvenient lease on the grounds of a subsequent agreement which does not comply with statutory form requirements is in breach of good faith, if  such agreement was only in favor for the terminating party, BGH ruled. As an outlook, it is probably worth having a closer look on the grounds for termination. On the other hand: Does this really give the axe to curing clauses? Visit this website again to read more  soon.

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