HOTEL BUSINESS REVIEW

FOCUS:

 

Construction and Value-Add Deals: Lender Perspective in Today's Economy

By Shivan Perera Managing Director of CRE, Bridge Marketplace | May 2025

The hospitality sector has faced a turbulent half-decade, navigating a series of economic challenges. To put this in context, before the pandemic, the industry enjoyed an unprecedented 10 consecutive years of RevPAR growth, a first in modern lodging history.

At the time, new hotel supply expanded rapidly and demand - for the most part - kept pace, preventing significant oversupply in most markets. Industry evolution naturally paved the way for emerging trends. Extended-stay and select-service hotels grew in popularity, driven by strong occupancy and efficient operating models. The industry also saw an increase in brand proliferation, with major hotel chains introducing niche brands targeting specific traveler segments. The emergence of alternative accommodations, such as Airbnb, introduced competition and initial concerns, but ultimately did not significantly impact hotel performance.

Major metropolitan areas experienced a surge in high-end and luxury developments, while secondary markets also saw strong growth. Most importantly, financing a project was much easier at the time. Banks were eager to bring on new borrowers, valuations were at a high and climbing, the distressed market was thin and leverage more often than not, was a non-issue. In hindsight, the challenges of that decade were minor compared to the unprecedented disruptions that followed.

The COVID-19 pandemic devastated the hotel industry in 2020, leading to an uneven but ultimately strong recovery, shaped by shifting travel patterns, labor shortages, and changes in hotel operations. By 2023, most markets had returned to pre-pandemic performance levels. However, just as a nationwide recovery seemed within reach, the economy was hit with high inflation, prompting the Federal Reserve to implement the most aggressive interest rate hikes in history. Skyrocketing rates stalled transactions as deals struggled to underwrite at previous leverage levels.

Two years later, with valuations having adjusted, underwriting has finally started to stabilize. However, banks, the primary lenders for middle-market and small-cap deals, continue to face liquidity constraints and are continuing to underserve the markets, giving rise to a slow start in 2025. Given this backdrop, securing project financing requires a deep understanding of these shifts and their impact on lending dynamics. As in all cycles, lenders are reverting to the core fundamentals of successful deals. Today, the structure of the deal, the hotel brand (flag), the sponsor’s track record, general contractor and the project’s location are more critical than ever in determining financing viability.

Getting Construction and Conversion Deals Financed

1. Construction Lending

Hotel construction has never been a preferred deal type for lenders due to its high costs and inherent risks. Experience has shown that inadequate oversight and poor underwriting can lead to disastrous outcomes. Before closing, lenders meticulously track the allocation of every dollar in a project, though even this process isn’t foolproof. Cost overruns, forgotten budget items and change orders can jeopardize the completion of a project and as any banker dealing with liquidation knows, an incomplete hotel holds little value. The larger and more complex the project is, the greater the likelihood of unforeseen expenses. If a liquidity-constrained borrower cannot cover these excess costs, the lender faces a difficult choice: overleveraging the deal or foreclosing at a higher risk of loss. For this reason, traditional banks will prioritize borrowers with sizable balance sheets and experience.

Furthermore, with construction deals not all markets are created equal. The “smile states” which include Arizona through Texas, Florida and up into the Carolinas continue to be easier states to develop due to affordable labor, reasonable fees and business friendly regulation. By far, labor, taxes, insurance, and materials are quickly becoming the most cost prohibitive line items for construction deals. This is exemplified in states that have high land, permitting and entitlement costs. There are always special cases and markets that can justify higher build costs, however, generally speaking these are the challenges that erode returns for borrowers and investors alike.

Banks have largely withdrawn from hotel construction financing, with select relationship lenders remaining active. Private lenders have stepped in to fill the gap, but with risk under intense scrutiny, even the private market is highly selective, especially with new clients. In tight financing economies, borrowers turn to the private debt market for hotel construction loans because traditional lenders, such as banks, tighten their lending standards, reducing loan-to-cost ratios and increasing equity requirements.

Private lenders offer greater flexibility, faster underwriting, and more customized loan structures that banks cannot match, including higher leverage and creative capital stacks. They are willing to fund projects that banks might reject, such as non-stabilized hotels or unique assets like boutique properties, resorts, or adaptive reuse projects. Additionally, private lenders provide higher loan-to-cost ratios and can structure interest-only periods or draw schedules, which help borrowers manage cash flow. While they charge higher interest rates, private debt funds are more willing to take on risk and fund deals that traditional lenders won’t, making them an attractive option during economic uncertainty.

2. Conversion Deals

While conversion projects may seem less risky than ground-up construction, they come with their own set of challenges for both lenders and sponsors. These projects remain attractive in today’s market because they allow developers to deliver new hotel products at a significantly lower cost per key and within a shorter time frame. A typical ground-up hotel takes 18 to 24 months to build, whereas conversions are often completed within six to 12 months.

Key considerations for conversion projects include lower construction risk since the building shell is already in place. However, hidden conditions such as structural issues, outdated MEP systems, asbestos, or code non-compliance can lead to major cost overruns. Budget uncertainty remains until demolition and inspections are completed. Ramp-up risk is also a factor as a conversion project with existing cash flow such as a repositioned hotel, carries less ramp-up risk than ground-up construction, which must build occupancy from zero. However, market demand for the converted product must be validated, especially if the asset is shifting segments.

To mitigate risks, borrowers should build in contingency budgets and time buffers to address unexpected challenges during a hotel conversion or rehab project. A contingency budget (typically 10%-15% of the total cost) helps cover unforeseen issues like structural problems or code compliance, while time buffers allow for delays in permitting, contractor availability, or supply chain disruptions. The industry saying for rehab deals is “you never know what you will find behind the walls.” As such most lender recognize the risk and will de-lever accordingly. For higher leverage rehab deals lenders will often impose stricter post-closing liquidity requirements and experience.

3. Ownership Matters

Hotels occupy a unique position between an operating business and an investment real estate asset. In today’s lending environment, lenders prioritize owners and groups with a demonstrated ability to operate hotels effectively.

Owner-operators have “skin in the game,” meaning they are directly invested in the hotel’s success. They are less likely to walk away during downturns compared to absentee owners or passive investors. Active management is crucial. Experienced owner-operators typically achieve stronger occupancy, RevPAR, and NOI. Third-party management companies, while useful, may lack the same level of commitment or operational expertise. Leverage considerations also play a role. If a deal has conservative leverage, lenders may be more flexible regarding hands-on management experience within the sponsorship group.

4. Location, Location, Location

Location is one of the top two most important factors for lenders when evaluating a hotel project. Hotel success is primarily driven by demand generators in the local market, though there is no precise formula for assessing location quality. Lenders analyze a range of factors to evaluate underwriting risk, with a particular focus on urban cores (CBDs) and resort markets, which are expected to experience strong RevPAR growth. Population trends can offer insights into long-term demand, but they are not always reliable predictors. Key performance indicators like occupancy, ADR, and RevPAR must align with market norms, and lenders will closely scrutinize penetration rates to gauge market share and performance. If a sponsor projects above-market performance, they must provide clear, substantiated evidence; otherwise, lenders will likely normalize assumptions to reflect more conservative expectations.

In addition to these quantitative metrics, lenders also consider qualitative factors, such as the property’s walkability, proximity to demand drivers, access to major transportation routes (e.g., highways or interstates), and whether the amenities align with the market’s needs. Experienced lenders also recognize the potential economic and legal challenges associated with lending in certain states, and borrowers should be equally aware of these factors. Beyond selecting projects in business-friendly states, borrowers must also have a deep understanding of the local market segmentation and how that aligns with their chosen brand or flag, ensuring that the property caters to the right target audience.

5. Investor Sentiment

Investor sentiment in the U.S. hotel market remains positive, with 94% of investors surveyed by CBRE planning to maintain or expand their hotel investments in 2025—up from 85% in 2024. This optimism stems from expectations of higher total returns and distressed investment opportunities. However, some investors are scaling back due to slowing RevPAR growth. While labor, insurance, and capital costs remain key concerns, their impact appears less severe than in previous years.

6. General Contractor Selection

The general contractor (GC) is often an overlooked but critical component of lender evaluations. An experienced and financially strong GC can make a deal, while even a slightly subpar GC can derail it. Lenders consider the GC’s experience in franchised hotel construction, financial stability, ability to secure payment and performance bonds, and track record of completing projects on time and within budget. Subcontractor relationships, state-specific licensing, and adherence to brand standards are also key factors. A thorough GC qualification process helps mitigate construction risk, ensuring the project stays on track.

7. Choosing the Right Hotel Flag

Selecting the right hotel brand is a strategic decision that impacts a property’s financial performance and collateral value. Economy and midscale brands offer greater franchise flexibility, lower conversion costs, and higher cash-on-cash returns. However, collateral values tend to be lower, and these assets typically trade at higher cap rates. Upper-midscale and upscale brands require more stringent adherence to brand standards but can command higher RevPAR and lower cap rates. Extended-stay versus select-service strategies also vary; a lower-tier extended-stay brand in a high-occupancy market can perform as well as a premium select-service brand in a market with only 60% occupancy. Understanding the revenue model, RevPAR versus occupancy-driven strategies is essential.

Borrowers with strong lending relationships, proven track records, and well-capitalized balance sheets have a significant advantage in today’s market. Lenders remain cautiously optimistic heading into 2025. However, the “wall of debt” from upcoming loan maturities transitioning from low-interest to high-interest environments is beginning to strain the market. Many banks have extended loan maturities as far as possible, but this pressure is creating opportunities for well-structured value-add projects.

While construction remains challenging, the lack of new supply in underbuilt or high-growth markets makes select ground-up projects viable. However, rising labor, insurance, and tax costs continue to erode P&Ls. Ultimately, lenders are reverting to core credit principles. Sponsors who understand these fundamentals and align their strategies accordingly will have the highest likelihood of securing financing.

Mr. Perera

Shivan Perera is the Managing Director of CRE at Bridge and is currently spearheading the launch of its hospitality lending platform. Mr. Perera has more than 10 years of specialized hospitality financing expertise with additional experience in business banking, private debt, and CRE loan syndications. His core expertise is in Private Credit CRE lending, Risk Management, and Financial Technology. Mr. Perera holds an MBA in Finance from the Thunderbird School of Global Management at Arizona State University. His academic background complements his professional experience, underpinning his commitment to innovation and excellence in the real estate finance sector. His leadership style is defined by a focus on innovation, client-centric solutions, and a forward-thinking mindset. He continuously seeks ways to improve lending processes, enhance risk assessment methodologies, and create value for both borrowers and lenders through technology. His ability to anticipate market trends and drive transformative change has established him as a respected voice in commercial real estate and hospitality financing. Extended Biography & Contact Information

HotelExecutive retains the copyright to the articles published in the Hotel Business Review. Articles cannot be republished without prior written consent by HotelExecutive.

Other articles from this author

Choose a Social Network!

The social network you are looking for is not available.

Close

Terms & Conditions

The following are terms of a legal agreement ("Agreement") between you and HotelExecutive. By accessing, browsing and/or otherwise using this web site, HotelExecutive, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use HotelExecutive. The material provided on HotelExecutive is protected by law, including, but not limited to, United States copyright law and international treaties.

These terms of access apply to your access to and use of HotelExecutive and do not alter in any way the terms and conditions of any other agreement you may have with HotelExecutive for products, software, services or otherwise, unless otherwise directed by HotelExecutive. If you breach any of these terms and conditions, your authorization to use HotelExecutive automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to HotelExecutive.

1. USE RESTRICTIONS

Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of HotelExecutive © 1996-2016, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display and use the materials on HotelExecutive for private individual, educational and noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on HotelExecutive for commercial use without prior written approval from HotelExecutive. You may not "mirror" any material contained on HotelExecutive on any other server without prior written permission from HotelExecutive. Any unauthorized use of any material contained on HotelExecutive may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Trademarks

The trademarks, service marks, trade names and logos (the "Trademarks") used and displayed on HotelExecutive are registered and unregistered Trademarks of HotelExecutive. In addition, all page headers, custom graphics, icons and scripts are service marks, trademarks and/or trade dress of HotelExecutive, and may not be copied, imitated or used, in whole or in part, without the prior written permission of HotelExecutive. You acknowledge that the Trademarks used and displayed on HotelExecutive are and shall remain the sole property of HotelExecutive or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in HotelExecutive shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on HotelExecutive, without the express written permission of HotelExecutive or the Trademark owner. The misuse of the trademarks displayed on HotelExecutive, or any other Content on HotelExecutive, is strictly prohibited.

Hyperlinks

You are granted a limited, nonexclusive right to create a hypertext link to HotelExecutive provided that such link is to the entry page of HotelExecutive and does not portray HotelExecutive or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found at HotelExecutive, the Content of any text or the layout/design of any page or any form contained on a page without HotelExecutive's express written consent. Links to third party sites on HotelExecutive are provided solely as convenience to you. If you use these links, you will leave HotelExecutive. HotelExecutive has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their Content or their policies, including, without limitation, privacy policies or lack thereof. HotelExecutive does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to HotelExecutive, you do so entirely at your own risk. You acknowledge and agree that HotelExecutive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.

Downloadable Materials

Any software, including codes or other materials that are made available to download from HotelExecutive, is the copyrighted work of HotelExecutive and/or its suppliers and affiliates. If you download software from HotelExecutive, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of HotelExecutive in the case of codes or other downloadable materials.

Limited Access

Except as otherwise expressly permitted by HotelExecutive, any access or attempt to access other areas of HotelExecutive computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the Web pages on HotelExecutive or the Content contained therein without HotelExecutive's prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of HotelExecutive for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of HotelExecutive. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on HotelExecutive's infrastructure.

Additional Use Restrictions

You shall not post, transmit, e-mail, re-transmit or store material on or through any of the services provided by HotelExecutive (the "Services") which, in the sole judgment of HotelExecutive: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other unauthorized photos or software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to its use of the Services. In addition, you may only use the Services in a manner that, in HotelExecutive's sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact HotelExecutive at editor@HotelExecutive By way of example, and not limitation, the following uses described below of the Services are expressly prohibited:

A. upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, "Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, sexually intolerant or racially, ethnically or otherwise objectionable;

B. impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

C. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

D. upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;

E. upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

F. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;

G. upload, post, e-mail or otherwise transmit any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

H. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

I. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

J. 'stalk' or otherwise harass another user of HotelExecutive or Company employee or official;

K. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites; and

L. effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.

M. advertising to, or soliciting any user of HotelExecutive to buy or sell any products or services through the unauthorized or impermissible use of the Services. You may not transmit any junk email or chain letters to other users. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Services, you acknowledge that you will have caused substantial harm to HotelExecutive, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HotelExecutive $500 for each such unsolicited email or other unauthorized commercial communication you send to each user through the Services.

2. DISCLAIMER WARRANTY

HotelExecutive, including all software, functions, materials, and information is provided "as is" without warranties of any kind, either express or implied. HotelExecutive disclaims all warranties, express or implied, including, but not limited to, warranties of non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, merchantability of computer programs, data accuracy, system integration, and informational Content. HotelExecutive does not warrant or make any representations regarding the operation of HotelExecutive, the use, validity, accuracy or reliability of, or the results of the use of the materials on HotelExecutive or any other sites linked to HotelExecutive. The materials of HotelExecutive may be out of date, and HotelExecutive makes no commitment to update the materials at HotelExecutive. HotelExecutive does not and cannot guarantee or warrant that the files available for downloading from HotelExecutive, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. HotelExecutive does not warrant that HotelExecutive, software, materials, products, or services will be uninterrupted or error-free or that any defects in HotelExecutive, software, materials, products, or services will be corrected.

3. LIMITATION OF LIABILITY

In no event will HotelExecutive, its suppliers or other third parties mentioned at or in HotelExecutive be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of HotelExecutive, any web sites linked to HotelExecutive, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from HotelExecutive results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

4. REVISIONS TO THIS AGREEMENT

HotelExecutive may revise this Agreement at any time without notice by updating this posting. By using HotelExecutive you agree to be bound by any such revisions and should therefore periodically visit HotelExecutive and page to determine the then current Terms of Access and Use conditions of use to which you are bound.

5. TRANSMISSIONS

Any idea you transmit to or post on HotelExecutive by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by HotelExecutive or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing products. You are prohibited from posting or transmitting to or from HotelExecutive any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.

6. YOUR WARRANTIES

You warrant to HotelExecutive that:

You are the sole owner of all rights in the materials posted or uploaded by you (including all related copyrights) or that you have the absolute right to license their use as provided in this section. While you will retain ownership of the copyright in the materials posted or uploaded by you, you agree that all materials posted or uploaded by you shall become part of a database, and that HotelExecutive will own the compilation copyright in that database. In addition, you hereby grant HotelExecutive a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publically display and distribute such materials, and portions of such materials and any derivative works created from such materials, in print, electronic and other media, by any means now known or developed in the future. We may sublicense all of our rights and licenses or assign them to third parties. Neither HotelExecutive nor any third party using the materials in accordance with this section will be obligated to pay you any royalties or other compensation for use of the materials.

You will comply with these Terms of Access and Use including, without limitation, the USE RESTRICTIONS set out in Section 3 above;

You agree to indemnify and hold HotelExecutive harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use and/or membership arising from any breach or suspected breach of these Terms of Access and Use by you or your violation of any law or the rights of any third party.

7. ACTIONS WE MAY TAKE AT OUR SOLE DISCRETION

HotelExecutive may take any or all of the following actions at our sole discretion:

Remove any member profile (including photographs) or other material that, in our sole discretion may be inappropriate or we suspect to be illegal, subject us to liability or which may violate these Terms of Access and Use or where required to do so by law;

Issue members with verbal or written warnings and may take such further action as we deem appropriate if such warnings are not heeded;

Suspend or terminate a member's access to the members's area of HotelExecutive or a member's account without notice at any time;

Inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or bring legal action against a member or other user of HotelExecutive in relation to any breach of these Terms of Access and Use or any illegal or suspected illegal activity.

8. GOOD SAMARITAN CONTENT AND COMPLAINT PROCEDURES POLICY

A. Policy

We have provided opportunities for you to contribute Content to our Site. It is our policy, however, not to allow any Content which may constitute intellectual property infringement; violations of federal, state, or local law; obscene or defamatory material, or may otherwise be unacceptable or inappropriate. Upon learning of such Content, we will attempt, and you hereby give HotelExecutive the right, to delete, edit, remove, disable, change, or restrict access to or the availability of the Content, which in our sole discretion, is otherwise unacceptable or objectionable. We may or may not notify you about what action we take with respect to the disputed Content. The provisions of this section are intended to implement this policy but are not in any way intended to impose a contractual obligation upon us to undertake, or refrain from undertaking, any particular course of conduct.

B. Complaint Procedures

If you believe that another user or other third party has posted Content which violates this policy or specifically the USE RESTRICTIONS in Section 3 above, you may notify HotelExecutive via e-mail at editor@HotelExecutive . In order to allow HotelExecutive to respond effectively, please provide HotelExecutive with as much information as possible in your correspondence, including: (1) the nature of the right infringed or violated (including any applicable registration numbers of the federally-registered intellectual property allegedly infringed), if applicable, or the unacceptable or inappropriate Content; (2) all facts which lead you to believe that a right has been violated or infringed, if applicable; (3) the precise location where the offending Content is located; (4) any grounds to believe that the party or user which posted the Content was not authorized to do so or did not have a valid defense (including the defense of fair use), if applicable; (5) if known, the identity of the party or user who posted the infringing, offending, or inappropriate Content; and (6) in the case of alleged copyright infringement claims, information sufficient to identify the work and your claims to ownership.

C. Indemnification/Waiver of Certain Rights

By contacting HotelExecutive and complaining of an alleged violation, you agree that the substance of your complaint shall constitute a representation made under the pains and penalties of perjury pursuant to the laws of the State of California. In addition, you agree, at your own expense, to defend and indemnify HotelExecutive and hold HotelExecutive harmless against all claims which may be asserted against HotelExecutive, and all losses incurred, as a result of your complaint and/or our response to it.

D. Waiver of Claims and Remedies

We expect all users of our Site to take responsibility for their own actions and cannot and do not assume liability for any acts of third parties which take place at our Site. By utilizing the Good Samaritan procedures set forth herein, you waive any and all claims or remedies which you might otherwise be able to assert against hotelexecutive under any theory of law (including, but not limited to, intellectual property laws) that arise out of or relate in any way to the content at hotelexecutive or our response, or failure to respond, to a complaint.

E. Investigation/Liability Limitation

You agree that we have the right, but not the obligation, to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, edit, disable or restrict access to or the availability of Content. We will not act on complaints that we believe, in our sole discretion, to be deficient, incomplete, or otherwise questionable. If you believe that Content remains on HotelExecutive which violates your rights, Your sole and exclusive remedy shall be against the user or other party responsible for said content, not against HotelExecutive. your sole and exclusive remedy against HotelExecutive shall be to terminate your use of HotelExecutive and service.

Digital Millennium Copyright Act Compliance. As set forth in Subsection (b), you must contact our agent if you believe that a work protected by a U.S. Copyright which you own has been posted on our Site without authorization or that our Site, in some material way, contributes to its infringement. It is our policy in appropriate circumstances, if possible, to terminate the access rights of repeat infringers and other users who use HotelExecutive in an inappropriate or objectionable manner.

9. COOPERATION WITH LAW ENFORCEMENT

HotelExecutive reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing HotelExecutive to disclose the identity or other information regarding any user or member alleged by any governmental entity to be using HotelExecutive or any Content or materials available in, at, through or in association with HotelExecutive in violation of any law or regulation, or in violation of this Agreement, including, without limitation, the posting of e-mail messages, or publishing or otherwise making available any such materials. By accepting this agreement you waive and hold harmless HotelExecutive from any claims resulting from any action by HotelExecutive during, or as a result of, its investigations, and from any actions taken as a consequence of investigations by either HotelExecutive or law enforcement authorities

10. APPLICABLE LAWS, VENUE, JURISDICTION & MANDATORY ARBITRATION

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. HotelExecutive's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HotelExecutive in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by HotelExecutive. This Agreement may not be assigned in any manner by you without the express, prior written permission of HotelExecutive.

Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court or competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States.

Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter with the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby HotelExecutive, in its sole discretion shall elect the dispute to be resolved by either (1) a court of competent jurisdiction in the State of California or (2) a panel of three new arbitrators.

This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of laws provisions. You and HotelExecutive agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be San Francisco, California. You and HotelExecutive further agree that in case of any litigation regarding this Agreement, you irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of San Francisco, California for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the California Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the California Courts represent the exclusive jurisdiction for all litigation relating to this Agreement.

11. MEMBERSHIP FEES

Hotel Business Review Subscriptions

If you choose to purchase a subscription, member subscription payments can be made in U.S. Dollars, as well as a variety of international currencies. Membership terms are Annual Recurring, and Monthly Recurring. The Annual Recurring subscription is an annual commitment and subscribers will be charged each consecutive billing cycle. Annual Recurring subscriptions can be cancelled after the first billing cycle and within 30-days of the billing date for a full refund. Monthly Recurring subscriptions are ongoing and subscribers will be charged each consecutive monthly billing cycle. Monthly Recurring subscriptions can be cancelled after the first month and within 7 days of the monthly billing cycle for a full refund.

12. PAYMENT AUTHORIZATION

Payment for the services provided to you in, at, through or in association with HotelExecutive may be made by automatic credit card, debit card, direct debit, bankwire or Paypal and other approved payment means offered in, at, through or in association with HotelExecutive, and you hereby authorize HotelExecutive and its agents to transact such payments on your behalf.

You hereby authorize HotelExecutive's Internet Payment Service Provider to charge your credit card to pay for your membership to HotelExecutive. You further authorize HotelExecutive's Internet Payment Service Provider to charge your credit card for any and all purchases of products, services in association with HotelExecutive. You agree to be personally liable for all charges incurred by you in association with your access or other use of any content provided by HotelExecutive or any third party in association with HotelExecutive. You acknowledge and agree that your liability for all such charges shall continue after termination of your access or any type of membership arrangement with HotelExecutive.

In the event that you have chosen to have your membership automatically rebilled, unless and until you notify HotelExecutive that you wish to cancel or terminate your membership to HotelExecutive, you hereby agree and authorize HotelExecutive's Internet Payment Service Provider to automatically renew your membership to HotelExecutive on a continuing basis and to charge your credit card (or other payment means you have selected) to pay for the ongoing cost of your membership. You hereby further authorize HotelExecutive's Internet Payment Service Provider to charge your credit card (or other approved payment means you have selected) for any and all purchases of products, services and entertainment provided to in, at, through or in association with HotelExecutive.

13. PRIVACY POLICY

The following is the Privacy Policy for HotelExecutive

We can be reached via telephone, email, or online at our contact page. When you visit our site we do not log any information regarding your domain or email address. Information Sharing: We do not share user information with any third parties other than via press release distribution as described below.

Hotel Newswire is a newswire service that distributes press releases on behalf of our users. If you decide to submit a press release for distribution through our system we will transmit your entire press release including any personal information therein contained to our media contacts and online distribution points including search engines. This is the only redistribution of your information that we engage in. Your submission of press releases through our system indicates consent with this policy. The information we collect during your registration process is used to notify users about updates to our service and inform users of any special events hosted by Hotel Newswire. This information is not shared with other organizations for commercial or non-commercial purposes.

Cookies: Our system requires the use of cookies to enable the user to log back into our website to access information from the newswire, without having to log in each time using the required username and password.

If you do not want to receive email from us in the future, please let us know by following instructions included in our communication with you. Users who supply us with telephone numbers online may receive telephone contact from us regarding their account, or informing them of new products and services available on the HotelExecutive website. If you do not wish to receive such telephone calls, please edit your account and remove your phone number from your account profile. This can be done from your user account menu.

Ad Servers: We do not partner with or have any relationship with any ad server companies. From time to time, we may use customer information for new uses not previously disclosed in our privacy notice. If our information practices change at any time, we will post the policy changes to our website to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our website periodically.

Upon request we provide site visitors with access to all information (including proprietary information) that we maintain about them. Users can access this information by logging in to their account.

Security: We always use industry-standard encryption technologies while transferring and receiving user data exchanged with our site. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of information that we have collected from you on our site. We do not store credit card information in our systems.

If you feel that this site is not following its stated information policy, you may contact us.

Paul McElroy
Patric Yumul
Justin Taillon
Theresa Hajko
Carol Stratford
Roland Mouly
Miguel Campo
Bonnie Knutson
Kasia Russell
Don DeMarinis
Nicholas Tsabourakis
Jacqueline Voronov
Walt J. Leger
Amy Draheim
Coming up in March 1970...