What constitutes abandonment of a Sonesta Simply Suites Hotel operation that would be considered a breach of contract?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
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Fail to continue to identify your Hotel to the public as a Brand Hotel, or abandon the operation of your Hotel by failing to operate your Hotel for five consecutive days, or any shorter period after which it is not unreasonable under the facts and circumstances for us to conclude that you do not intend to continue to operate your Hotel, unless the failure to operate is due to fire, flood, earthquake or similar causes beyond your control, provided that you have taken reasonable steps to minimize the impact of such events;
Source: Item 22 — CONTRACTS (FDD pages 79–80)
What This Means (2025 FDD)
According to the 2025 Sonesta Simply Suites Franchise Disclosure Document, failing to operate your hotel for five consecutive days can be considered abandonment of the operation, leading to a breach of contract. However, Sonesta Simply Suites may consider a shorter period as abandonment depending on the specific circumstances, if it's reasonable to conclude you don't intend to continue operating the hotel.
This condition does not apply if the failure to operate is due to events beyond your control, such as fire, flood, or earthquake. In such cases, you must demonstrate that you have taken reasonable steps to minimize the impact of these events to avoid being considered in breach of contract.
This clause protects Sonesta Simply Suites from franchisees who may want to close a location without properly terminating the agreement, which could harm the brand's reputation and revenue. It also sets clear expectations for franchisees regarding continuous operation, while providing some flexibility for unforeseen circumstances.