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Page 1: Contract Negotiation For Meeting Planners

Welcome To Our

Continuing Education Series

Conquer the Jungle

Page 2: Contract Negotiation For Meeting Planners
Page 3: Contract Negotiation For Meeting Planners

Our current time

in the area of

hotel proposals and contracts

are different than they’ve been

in the recent past.

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The economy’s pick-up has put

the hotel industry

back in the driver’s seat

and the planners are experiencing

a seller’s market.

Page 5: Contract Negotiation For Meeting Planners

There is high demand

and low supply

of available meeting space

and guest rooms.

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Start With a Solid RFP:

● Provide history, pattern, flexibility, audience, and decision making

process and timeframe

● Disclose important decision making factors

● Always have a conversation with the Sales Manager

● Compare all RFPs side-by-side to allow for best negotiating

between properties

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● No charge from in-house AV nor security for utilizing an outside AV

provider

● 1:40 comp/1:35 comp

● Free meeting space

● Site visit / staff guest rooms at no cost

● Wifi

● Discounts from catering, AV, outlets, etc.

● Etc.

Consider Concessions You May Want:

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● Request rebates / commissions

● Include mutual indemnification clauses

● Review payment terms for hotel based on client’s cash flow

● Add in rebooking clauses

● Request that meeting rooms cannot change without written

permission from the client.

More Items to Consider:

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Be prepared to sign contracts quickly

because demand is high and availability is low;

and ask for “signing bonuses” if the sales manager is under pressure

to meet month/quarter deadlines.

Act Fast!

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Let’s Help The Venue – Everyone Wins!

Ask what holes need to be filled if dates are flexible;

you might have a better value contract

if the hotel needs to fill a specific “niche”.

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Legal Issues

● Understand the importance of a written agreement and appreciate the

potential for litigation as a worst case scenario

● Always maintain a good paper trail

● Use caution when negotiating non-economic items (e.g., risk

management)

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Room Block Attrition

● Right to reduce before?

● Minimum pickup

● Per night or cumulative?

● Dollar multiplier – lost profit vs. lost revenue

● Treatment of resold rooms

● Right to audit pickup and resell numbers

● Credit for all group rooms regardless of rate paid or method of

reservation

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Function Space Attrition

● Watch for attrition issues

● Other groups

● Conflict avoidance

● Specify groups

● Reassignment of space

● No reassignment without prior written consent

● Quiet Enjoyment

● Cover noise, odors, dust

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Rights of Cancellation

● With cause

● Without cause

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Force Majeure

● Acts of God

● Acts of War

● Strikes

● Other

● Not poor attendance or business conditions

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Common Force Majeure Issues

● Illegal or impossible

● “Grocery list” with “catch all” statement

● Standard of impact

● Perform anyway

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Construction or Renovation

● Notice

● Group gets to decide whether construction will impact its meeting

● Specific representations for known construction projects

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Strike or Labor Dispute

● Cover both legal strikes as well as any type of labor dispute

● Disruption in services

● Notice and right to decide if it will impact meeting

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Change In Management

● Could be management company or rebranding of hotel within

management company family

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Cancellation by Group Without Cause

● Sliding scale

● Negotiate date parameters

● Fee based on lost profit or revenue? Include food and beverage?

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Cancellation by Hotel Without Cause

● “Grocery list” approach

● Include indirect and consequential damages and attorneys’ fees

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