Food, Horeca & Retail
The Food, Horeca & Retail sector is extremely dynamic and is governed by a host of legislation and regulations. The sector also faces various challenges in relation to competition, e-commerce, globalisation and economic developments. In these hectic times, it is important that specialists create ‘workable preconditions’ to remove the burden for the entrepreneurs, leaving them to do what they’re good at – run businesses. We know the sector and offer you complete support in this jungle of legal rules.
We point our clients the way in managing, operating, developing and selling shops, hotels, bars or restaurants. This could involve licences, changes of use, and hotel, restaurant, bar or retail related lease issues. Then there is also the daily operation of the business. Issues in the area of employment law, standard terms and conditions, terms and conditions of delivery or purchase, exclusive purchasing, financing and security, franchise agreements or purchasing or selling a business are our day to day work. The various legal areas that play a part are dealt with integrally.
We act on behalf of chains, franchise chains and individual hotel, restaurant, bars or retailers. Advice and conducting legal proceedings are our expertise.
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Who is entitled to the petrol station at the end of the lease agreement?
The law provides a rule for answering this question, but the lease agreement may include different agreements. In practice that happens, but these agreements are often unclear or undated, creating opportunities and threats.
Bank has limited duty of care in respect of the franchisee
On 23 May 2017, the The Hague Court of Appeal gave a judgment in respect of a bank's duty of care regarding an ex-franchisee. In short, the Court of Appeal is of the opinion that it was not established that the bank neglected its duty of care by not warning the franchisee about the poor financial position of the franchiser.
Introduction of the Franchise Act does not produce a rosy future for franchise formulas
I have written about the Netherlands Franchise Code (NFC) before and explained its contents. In that context, I noted briefly that Minister Kamp sent a white paper for the Franchise Act to the Dutch House of Representatives. The white paper concerns special regulations for a franchise agreement and is open for consultation up to 25 May 2017, inviting stakeholders and interested parties to express their opinion.
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