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Franchising
Taking the franchise route
As tourism in India takes centrestage, international hospitality
brands making a beeline for the hotel and restaurant circuit are looking to
franchising as their main strategy. Express Hospitality dwells into the
evolution of the concept
Franchising, as a concept, has been around for the past 50
years. But only in the past decade or so have companies in India been lending
their names to other properties or bringing in foreign names through the franchise
route. In India, franchising found takers initially in the food and beverage
industry. In 1995, Domino's entered the Indian market with their plans of opening
one outlet every month. The company tied up with Vam Organic Group that was
authorised to franchise the brand.
On the accommodation front, in 1994, Sarovar Hotels signed a territorial development
agreement with Northern California-based Park Plaza International Hotel &
Resorts to set up 40 properties all over India. Carlson Hospitality later took
over the brand in a worldwide deal and Sarovar Hotels was deemed master franchisee
for India for a period of 50 years.
By 1998, franchising had begun to get a foothold in the food and beverage market,
and developers were looking for franchises in fast food, theme and specialty
restaurants. ITC's Bukhara restaurant led the trend. In 1998, Pizza Hut set
up its first franchise outlet in Pune. Education institutes too got on to the
trend, with Kohinoor franchising the Switzerland-based International Hotel Management
Institute (IMI) brand name.
High on popularity charts
The turn of the century saw the franchise model getting increasing acceptance
with more and more foreign companies entering the Indian market by franchising
their brands to new developers. In January 2000, Cendant Corporation came scouting
for a master franchisee for its seven brands including Days Inn. In the same
year, Best Western International decided to increase its presence in India by
adding 18 more properties taking the tally to 30.
In the second half of 2000, the foodservice industry caught the bug and chains
such as Nirula's, Kamat's, Copper Chimney and Geoffrey's were planning on expanding
their trade by searching for franchisees.
The economic downturn of 2001-02 threw a spanner in the works. The Regent, a
brand of Carlson, had to rethink its franchise with the Lokhandwala group, leading
to Carlson taking away the brand from the Mumbai property. Though the number
of franchisees had reduced during this period, there were some happenings nevertheless.
Choice Hospitality confirmed its plans to establish its Clarion brand, bringing
the New Delhi-based Qutub Hotel within its fold. Actor Sanjay Khan's World Resorts,
parent company of the Bangalore-based Golden Palms Spa & Resorts, also had
plans of expanding the business nationally and internationally and was in discussions
with property owners for management franchisees. Six Continents Hotels, on the
other hand, discarded their policy of offering franchise agreements and decided
only to stick to management tie-ups.
Franchising also made its mark in the hotel equipment market. Realising the
importance of one-stop shops for hospitality equipment, New Delhi-based FCML
projects also took the franchising route to enhance its presence in the segment.
Both five-star hotels and mid-market operators have realised that brand positioning
is crucial and that it plays a major role in attracting business to one's property.
Indian hospitality majors like the Oberoi and the Taj group who so far thrived
on their own brand strength have entered into marketing tie-ups with international
brands Hilton and Raffles respectively to compete on the international turf.
Global brands like Four Seasons, Shangri-La and the Accor group (with its mid-market
brand Ibis and Novotel) are all set to make a foray in the market, while the
likes of Mandarin, Sol Melia and Ascot are waiting in the wings for the right
opportunity.
If one carefully analyses the developments that have taken place in the Indian
hospitality industry in the recent past, hotel brands like Quality Inn, Comfort
Inn, Park Plaza, or Fortune Park have witnessed phenomenal growth, thus further
instilling that required confidence in the concept in the minds of existing
and aspiring hoteliers. According to K B Kachru, vice president of Carlson Hospitality
India, "In India, franchisors and franchisees build strong personal relationships
and thrive largely on mutual trust. First-time franchisees often take time to
understand the benefits and the added value that the umbrella of franchising
provides. They tend to evaluate only the real business transacted through the
system and it takes time for them to understand the benefits of visibility and
positioning of their product. Only few countries in Asia have laws that govern
the franchisor-franchisee relationship. In India, these laws are mere safeguards
for both parties involved. Although India is yet to enact these laws, some that
already exist can be adequately applied to franchising also."
Sunil Mathur, head (Development hotels) at Cendant Corporation,
feels that the situation in India is changing with rapidly increased competitiveness.
"The concept is being better understood by hotel and restaurant owners
for the major multiplier benefits that are gained by their hotels through good
chain affiliation," he says.
| Quite clearly, there is no specific regulation governing
franchising relationship in India. The contractual relationship between
the franchiser and the franchisee would be governed by the Indian Contract
Act, 1872. In addition to the Central statutes governing the whole of India,
the State statutes and regulations wherever applicable, would have to be
complied with. For example, for a franchise outlet to be set up in Maharashtra,
the Bombay Shops and Establishments Act, 1948 and the local municipal rules
would have to be kept in mind depending on the nature of business.
At the national level, foreign exchange laws applicable
to the whole of India would be of significance in the case of businesses
where a foreign franchiser is involved. With the latest amendments in
the foreign exchange laws by the Foreign Exchange Management Act (FEMA),
1999, the requirements are considerably simplified and approvals, wherever
required, are now easier to get.
Relevant laws: Various laws would have an
implication on the rights and obligations of the parties. This essentially
can be determined from how their relationship is reflected in the documents.
Hence the nature of the relationship is important and this is determined
primarily on the basis of the terms and conditions reflected in the franchise
agreements. In franchising, the following possible relationships may exist:
Buyer-seller: If the contract involves a
sale of franchise package by the franchiser to the franchisee, a buyer/seller
relationship may be said to be established. The relationship of buyers
and seller would be governed by the Indian Contract Act, 1872 and the
Sale of Goods Act, 1930. It may be noted that the Sale of Goods Act would
apply only when there is a sale of goods by the franchiser to the franchisee.
Principal-agent: Under Indian law, the relationship
of a principal and agent may be created by (i) express appointment; (ii)
implication of law from the conduct or institution of parties or from
the necessity of the goods; (iii) subsequent ratification by the principal.
The concept of agency is stipulated in Sections 186 and 187 of the Indian
Contract Act. The various aspects of agency including rights, liabilities
and duties of the principal and agents are governed under Sections 180
to 238 of the Indian Contract Act.
Partnership: Section 4 of the Indian Partnership
Act, 1932 defines 'partnership' as the relationship between the persons
who have agreed to share the profits of the business carried on by all
or any of them acting for all. There are three elements of partnership
under the Indian law, viz (a) agreement entered unto by all the persons
concerned; (b) agreement must be to share profits of the business; (c)
business must be carried on all or any of the persons concerned acting
for all.
Intellectual property: An important aspect
of franchise business is intellectual property. The protection of such
intellectual property is of paramount consideration. Hence, it is very
essential to incorporate sufficient clauses in the franchise agreement
for proper use of the intellectual property. The law relating to trademark
is the Trade and Merchandise Marks Act, 1958. However, the same is proposed
to be replaced by the Trademarks Act, 1999. This Act has been passed but
the effective date is not yet notified.
(Information assistance courtesy:
Kanga & Co)
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On the proven track
Franchising in the hospitality industry is looked upon as a profitable business
arrangement, which results in gaining recognition and awareness and achieving
higher occupancies and revenues. Franchising in India vis-à-vis franchising
abroad are two very different systems at work. In Western countries, the concept
works successfully because of higher consistency in product. Also the government
regulations on hygiene, safety and health being very stringent, compliance of
the same becomes mandatory. Systems and processes are well defined and followed.
In the Indian hotel context, pure franchising has a low success rate. The franchise
name alone is no guarantee for success. The reasons for this are product inconsistency,
a lack of quality management and absence of rigid government regulations and
policies.
A franchising arrangement coupled with management has been, and continues to
be immensely successful in India. Apart from professionalism being infused,
the benefits relate into a superior quality hotel and in generating additional
revenues and profits.
A successful franchising and management company combines expertise, a performance-driven
approach, flexibility and a sound foundation of values and integrity. The company
continuously endeavours to achieve mutual respect with the owners.
A successful franchising and management arrangement provides various advantages,
which a pure franchise would lack in. Some of these essentials are:
- Hotels in India require a very strong sales and
marketing network in the country to drive business. This is due to the large
volumes of business from local corporates, travel agents, tour companies,
et al. The challenge is to provide business to the hotels and the Indian network
must perform. If this is lacking, only a big name on the roof does not get
business. GDS and international CRS systems cannot deliver significant business
into non-metro B and C category, corporate hotels. Business prospects on the
internet amount to less than one per cent.
- There should be continued and consistent investments
in brand building and marketing. Brands have to be built globally and there
cannot be any compromise.
- This arrangement also maintains high service standards
and works aggressively towards quality compliance and improvements.
- A very strong corporate people infrastructure. A
team personifying expertise, experience and excellence are highly essential.
- Another challenge is to maintain standardisation
to the optimum at all levels.
Franchise v/s management
Both these revenue models have over time proven to be highly profitable. This
is because each system in its own right is strong when applied correctly. In
India's context, the management concept has got an excellent headstart over
franchise. This has not been the case in other countries such as USA, where
both concepts were developed alongside each other.
This is not to say that the franchise method of business will fall by the wayside.
The benefits of franchising as a method of business expansion fall into two
general categories:
- Benefits relating to the capital investment furnished
by franchisees to expand the network
- The motivated management by franchisees of the businesses
in which they have made substantial investments. These benefits are enhanced
by the strong interdependence that exists in a franchise relationship.
Such strong bonding or interdependence is not commonly visible in a management
relationship for the simple reason that the property owner takes on a manager
as a replacement.
Expansion: From the capital investment and business
point of view of a franchiser, the franchising system is excellent because it
enables a company to establish a large number of business outlets in a relatively
short time period. The capital and much of the work to locate and acquire sites
and develop outlets is supplied by the franchisee.
Given that the management system's form of expansion is much slower than that
of franchise, has not deterred companies such as the Marriott, Hilton, Hyatt,
Taj, Oberoi, Sarovar Park Plaza, Park Hotels.
Longevity: In the area of longevity, the management
model scores over franchise. This is because management contracts, while being
based on the performance of property, are generally seven years and above -
one complete business cycle in Indian hospitality. Such long spells at one location
allow for greater adaptability to the location. This is highly desirable not
only in the high-end categories of accommodation, but also amongst the middle
levels in a tumultuous economy.
RoI: A franchising company can realise a higher return
on its invested capital because the investment in the development of outlets
is typically made with few fixed assets, other than the outlets that it owns.
Therefore, though its revenue from franchised outlets (composed of fees and
product sales to franchisees) is substantially lower than it would be from owned
outlets, a higher percentage of the revenue is profit and that profit is generated
with a much lower capital investment.
For the franchisee, the return on investment is generally at a quick pace (in
direct relation to the investment and the revenue model of the franchise), because
he has not had to spend on researching systems, independent marketing campaigns
or incur expensive mistakes. One reason why management companies enter in to
long-term contracts - other than long-term business - is that their own break-even
is a long drawn process. Return on investment for a managed property is directly
related to its revenue model and of course investment.
Taking Indian brands abroad
The market for franchising in the hospitality industry of this country is booming
with many international concepts making inroads. Deriving support from the buzz,
the strong potential of Indian franchise concepts is now being taken seriously.
But for some, it is the international not the Indian market that holds greater
lure.
An Indian brand's presence abroad is not new. However, it is restricted to a
handful of accommodation and food and beverage players like the Taj and the
Oberoi Group and the Gaylords restaurants which has set up properties abroad.
But these properties are managed, not franchised. Till date, Indian companies
have only just begun spreading their brand through the franchise route on foreign
shores.
Increasing market awareness
As far as Indian brands are concerned, unlike the accommodation
segment, over the past few years a great potential has developed for franchising
abroad in the restaurant segment, especially in UK and USA. Besides the presence
of a large Indian or Indian origin population, the awareness and interest in
everything 'Indian' from Bollywood to cuisine in the Western world has opened
up a plethora of opportunities in the restaurant segment.
Param Kannampilly, director of Concept Hospitality, feels that there is a huge
market abroad. According to him, they are in the process of locating cities
with good base support or a strong Indian population for the expansion of 'Vital
Kamat's', an Indian cuisine fast food restaurant chain, the brainchild of Vithal
Kamat. After setting up two restaurants in San Fransisco, the project however
has been put on the back burner for a while. Kamlesh Barot, managing director
of Encore Hotels, has a more positive contribution. "We are looking at
two to three options in USA and UK. We want to cash in on the Western craze
for vegetarian fare by franchising for Rajdhani restaurant," he says.
Kannampilly states, "We are working to tie-up with like minded businessmen
and entrepreneurs for a franchising-cum-management option. While we have been
pure franchisers for the two restaurants in San Fransisco, we feel that skilled
craftsmen are essential for the operations abroad. This is also one of the reasons
why the project has been stalled as post 9/11 it has become difficult to send
across the same."
There are a substantial number of investors for Indian restaurants today, but
management is the key ingredient resulting in the increasing popularity of the
franchising-cum-management module. Indian franchising abroad is likely to find
more takers as it is quite profitable due to foreign exchange earnings. According
to Barot, there is a strong demand for franchising abroad and it is mostly need-based,
generally the need arising for a 'local' (Indian) chef. "An Indian restaurant
in Vietnam approached us to be a franchisee of Revival. It was also a management
deal, which was a result of managers and chefs quitting in succession. While
the local population is not too fond of Indian cuisine, the restaurant is very
popular with expats," he says. Goa Portuguesa is yet another popular Mumbai
restaurant with overseas expansion plans in the pipeline.
While the Indian restaurant market in USA and UK is cluttered with resident
Indian, Pakistani, Bangladeshi entrepreneurs (all restaurants owned and run
by these groups is tagged as Indian) Indian franchisers can gain a foothold
through NRI endorsement and 'authentic' and 'ethnic' Indian cuisine.
Given the nature of expansion by this business model, it looks like India is
a fertile breeding ground for franchising. Analysts generally believe that existing
businesses are willing to surrender some degree of independence and agree to
pay fees in order to gain a stronger trade identity, regional and national marketing
and the economic advantage of combined purchases of goods and services. On why
franchising may succeed in India, Rajeev Chopra, managing director of The Residency
Hotels, has a valid explanation. According to him, the hospitality market is
cluttered with big international players and it is therefore easier for a sole
proprietor to take the franchising route rather than creating and establishing
a new brand which has a much longer gestation period. In his opinion, a franchisee
to a well-known international brand offers international identity and value
attachment. "The single most important factor as a franchisee is the market
recognition and an assured market. For any new property half the battle is recognition,
value attachment and marketing. As a franchisee to Marriott, all international
values attached to the brand name are automatically affixed to my property,
along with the bouquet of vast marketing resources and advertising spend. Marriott
International spent about US $120 million on advertising last year," states
Chopra.
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