Meetings & Conventions: Planner's Portfolio July
1999

July 1999
PLANNER'S PORTFOLIO:
The Law & the Planner
By Jonathan T. Howe,
Esq.
NEGOTIATING WITH CLOUT
Identify what you need; anticipate what they want
Q: What areas of the typical group sales
contract are negotiable?
William R. Lemaster
Trade Show Manager
Syntron Bioresearch
Carlsbad, Calif.
A: The title of world-renowned negotiator Herb
Cohen's book, You Can Negotiate Anything, pretty much sums
it up. Nonetheless, you do not want to haggle over every detail.
The key here is knowing what will make the most beneficial
difference for the group.
Planners should determine the most important things that must be
provided and look at those as the key elements in the negotiating
process. I suggest a negotiation format that identifies the
planner's needs and wants, as well as interests that might make the
meeting even more successful than expected. Planners then should
anticipate the property's needs, wants and interests.
If the basic fundamentals in the "needs" column cannot be met,
there is no sense in going forward with negotiations. These
fundamentals would be dates, rates, room block and perhaps some
other issues unique to the event. Also, some basics that should be
in every contract are agreed-upon approaches to attrition,
cancellation, indemnification, duties under various laws (such as
the American With Disabilities Act) and best rate available.
A current watchword in the hotel industry is "revpar," which is
short for "revenue per available room." In days gone by, the
important thing in negotiating was to recognize the room rate would
drive the value of the meeting. Now, the value of the meeting is
viewed in terms of the property as a whole. This includes revenue
not only from those events that are sponsored by the meeting
organizer, but also revenue from attendees' peripheral spending, on
room service, in the bar, at the gift shop and on greens fees, for
example. In other words, "revpar" is determined by how much money
will drop to the bottom line as a result of this group being on
property, not just those revenues generated by the meeting
sponsor.
To establish clout in negotiations, it is essential for planners
to have complete histories of all their meetings. The property is
the main source for much of the data, so contracts should require
the hotel to provide this information in the post-meeting reporting
process.
Attach to the contract a form to be completed by the hotel
before the master account is finalized and paid. Included on this
form should be the following information.
Total room nights usedAverage room rate for occupied rooms and revenue receivedTotal food and beverage charges and a breakdown of breakouts,
meals, hospitality suites, etc.Room service chargesFood and beverage charges from dining rooms, lounges, gift
shop, etc.Valet services including laundry and dry-cleaningValet parking and parking chargesBusiness center chargesTelephone chargesAny early departure feesGuest rooms used before and after the meetingMeeting room chargesIn-house A/V and other captive-services costsAttrition fees for rooms, and food and beverageRoom block adjustmentsPercentage of available rooms used by the groupAny other revenue generated by the meeting
By the way, "win-win" situations do not exist. In contract
negotiations, what you want is a partnership, where both parties
share in risk and reward.Jonathan T. Howe, Esq., is
a senior partner in the Chicago and Washington, D.C., law firm of
Howe & Hutton, Ltd., which specializes in meetings, travel and
hospitality law.
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