A concession contract is a contract between two parties in which one party grants the other the rights to operate a particular business under certain conditions. In a concession contract, land, property and other rights are negotiated between the two parties to the contract. Interestingly, the term «concession contract» has two different meanings when it comes to commercial contracts. Personally, I think the company is as confusing as it is, each term should only mean one thing! However, it stands to reason that there should be some sort of contract between the two companies. As the article indicates, the concessionaire company may want the exclusive right to sell concessions on the site and, of course, there are other issues that also need to be resolved. Complex Private Finance Initiative (PLT) projects may include a concession contract that gives private contractors the right to use certain assets. However, when transferring these rights, the government or judicial authority may set certain expectations regarding the level of maintenance and investments made, as well as the operating standards to be met. Public services such as water supply can be operated as a concession. In the case of a public service concession, a private company enters into an agreement with the government to have the exclusive right to operate, maintain and implement investments in a public service (e.g.
B, privatization of water) for a number of years. Other forms of contracts between public and private entities, namely leases and management contracts (often referred to by the French as leasing in the water sector), are closely related, but differ from a concession in terms of rights and remuneration of the operator. A lease gives a company the right to operate and maintain a public service, but the investments remain the responsibility of the public. Under a management contract, the operator collects revenue only on behalf of the government and in turn receives an agreed fee. It therefore appears that a concession contract is probably most often used when one party is disadvantaged and the other party then has more bargaining power. A common space for concession contracts between governments and private companies includes the right to use certain parts of public infrastructure, such as railways .B. Rights can be granted to sole proprietorships – resulting in exclusive rights – or to several organisations. As part of the agreement, the government could have rules for construction and maintenance, as well as ongoing operating standards. With respect to an operating concession, the agreement gives the Company the exclusive right to work on a site such as a sports stadium, cruise ship or government building.
In this case, the company operates a concession that can sell food, accessories and a variety of other products. He must pay an annual royalty for the right to operate or give a percentage of his income to the place. In return, the place undertakes not to sign concession contracts with other companies offering similar products or services. Reading the article, I wondered why a company would do such a thing. However, I can understand why a government would make concessions if it really had to do business with the other side. For example, there is a concession contract between the governments of France and the United Kingdom and two private companies concerning the Channel Tunnel. British Channel Tunnel Group Limited and the French company France-Manche S.A. operate the Channel Tunnel, often referred to as «Chunnel» under this agreement. The tunnel connects the two countries and allows the transport of passengers and goods by rail between them. It is 31.5 miles long, with 23.5 miles under the English Channel. This makes the underwater tunnel the longest in the world and an important part of the public infrastructure.
When it comes to contracts with foreign companies, a concession contract is established between the company and the government of the country in which it wishes to do business. The government may want to create incentives for the business by reducing taxes, easing restrictions, or offering other incentives. In cases where the government is not as enthusiastic, the company may have to make concessions, for example. B, transfer a portion of the profits to the government or pay a special tax rate that may be higher than that of domestic companies. Once the agreement has been negotiated and signed, the company has the right to do business locally in accordance with the terms of the agreement. According to the law on a sector, the concession may either allow the authority to retain or retain ownership of the assets, or hand it over to the concessionaire and return the ownership to an authority at the end of the term of its concession, or the authority and the concessionaire own the facilities. At best, concession contracts are a form of outsourcing that allows all parties to enjoy comparative advantages. Often, a country or company has resources that lack the knowledge or capital to use them effectively. By outsourcing the development or exploitation of these resources to others, it is possible to earn more than they could on their own. For example, a country may lack the capital and technical skills to use offshore oil reserves.
A concession contract with a multinational oil company can create revenue and jobs for that country. This type of concession contract is often used when a place or company wants to provide a product or service, but does not want to be directly involved. On a cruise ship, for example, the company could operate concessions with restaurants and cafes, so it is not responsible for gastronomy. This means that the cruise ship is deprived of some of the potential profits, but also of problems such as legal liability for contaminated food, securing staff and organising supplies. Typically, concession contracts include some of the conditions given when a private company is granted exclusive rights to use a property, including maintenance of utilities, repair if necessary, and other compensation. Within the European Union, the award of concessions by public authorities is subject to regulation. Works concessions have been subject to procurement rules for some time, as Directive 2004/18/EC of the European Parliament and of the European Council on public procurement applies to works concessions and the award of service concessions of cross-border interest is subject to the principles of the Treaty on the Functioning of the European Union. However, the European Parliament and the European Council adopted a resolution on 26 September.
In February 2014, a new Directive 2014/23/EU on the award of concession contracts[4] was adopted, requiring EU Member States to introduce national legislation on the award of concession contracts for EUR 5 186 000 awarded from 18 April 2016. Concession contracts are also popular with retail companies, with these companies using the other party`s facility or place of business under certain conditions. Retailers can also enter into a concession agreement with local authorities that gives them the right to sell their products in federal parks, amusement parks, and other government-owned open spaces. The terms of a concession contract may include the payment of royalties, the percentage of revenue generated, or liability for the cost of maintaining the facility. Want to know what franchise or dealership options are available? Below are a number of additional resources on existing franchise and concession opportunities, as well as background information for the New York Department of Parks and Recreation, the Department of Transportation, and the Department of Information Technology and Telecommunications: Concession Agreements, also known as Concession Agreements, cover various industries and are available in many sizes. These include mining concessions worth hundreds of millions of dollars, as well as small food and beverage concessions at a local cinema. Regardless of the type of concession, the concessionaire must generally pay the concession fee to the party granting the concession fee. These fees and the rules by which they can change are usually described in detail in the contract. Both types of concession contracts involve a transfer of «operational risk» to the contractor, i.e.
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