The Legal Nature of Hotel Management Agreements under National and EU Law
Sofia Tsiftelidou
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Sofia Tsiftelidou: University of Western Macedonia, Department of International and European Economic Studies
A chapter in Synergizing Management, Culture, and Arts for Tourism Development - Vol. 2, 2026, pp 33-50 from Springer
Abstract:
Abstract Hotel management agreements (HMAs) have emerged as a significant contractual model within the hospitality sector in Greece and across the European Union. Often characterized as atypical or innominate contracts, HMAs integrate diverse legal elements from traditional civil-law agreements such as leases, mandates, and service contracts. Their hybrid and composite structure poses significant challenges for their legal classification under existing Greek civil law, leading to considerable ambiguity regarding applicable rules, rights, and obligations of the involved parties. This uncertainty has prompted reliance on judicial interpretations and scholarly analysis to clarify these issues in practice. Furthermore, the absence of dedicated statutory provisions exacerbates the complexity surrounding HMAs, creating potential for disputes and market inefficiencies. At the EU level, while there is no specific regulatory framework addressing HMAs directly, overarching principles such as the freedom of establishment and EU competition law shape their interpretation and cross-border applicability. This paper critically examines both Greek national jurisprudence and relevant EU legal influences, arguing for enhanced regulatory recognition and a clearer legislative framework to govern HMAs. Such developments could substantially improve contractual certainty, mitigate disputes, and support sustainable growth within the European hospitality industry.
Keywords: Hotel management agreements; Atypical contracts; Innominate contracts; Greek civil law; EU law; Hospitality industry (search for similar items in EconPapers)
JEL-codes: K12 L83 (search for similar items in EconPapers)
Date: 2026
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Persistent link: https://EconPapers.repec.org/RePEc:spr:prbchp:978-3-032-17534-2_3
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DOI: 10.1007/978-3-032-17534-2_3
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