Originally Posted by
perplexed
- "Ineligible Rates" are in contrast defined as discounted rates.; that is, what is key in determining eligibility is once again the rate paid, not where the rate is found or how/through whom the booking is made. If the rate I paid had been a discounted rate, then clearly I would not be entitled to have my stay credited.
So my quest to understand continues.... Ultimately, if Hyatt wants to exclude all 3rd party bookings, then like Hilton's T&C, the T&C could easily say that in far fewer, clearer and hence fairer clauses.
I think there is a possible interpretation discrepancy in the "Ineligible Rates" section that might be the sticking point. The language, which was quoted before, is:
"Ineligible Rates" are discounted rates, including, but not limited to, any free night stays, Third Party Internet Rates (examples include priceline.com, hotels.com, Expedia, and Travelocity), traditional wholesale rates (examples include GOGO Worldwide Vacations, Pleasant Holidays, etc.), airline crew rates, airline employee rates, travel agency employee rates, Club at the Hyatt discount certificate stays, Hyatt employee or employee family discount rates, airline interrupted-trip vouchers or contracted rooms (a contracted room is a room that has been reserved pursuant to a written and executed agreement between a hotel and a corporation, government agency or individual for a negotiated room rate in exchange for an agreed upon number of rooms to be rented for an extended period of time).
I think the sticking point may be what the term "discounted rates" applies to. The two interpretations are:
- everything listed after "discounted rates"
- "discounted rates, including, but not limited to, any free night stays" as a standalone statement
The difference is that in #2, the term "discounted rates" only applies to the statement directly after, namely "but not limited to, any free night stays". In #1, the term "discounted rates" is a general category that applies to everything listed afterwards, including "Third Party Internet Rates (examples include priceline.com, hotels.com, Expedia, and Travelocity)".
I believe you are interpreting it as #1, meaning that you think "Third Party Internet Rates" falls under the umbrella of "discounted rates". And since you didn't get a discount from what Hyatt offered directly, you think the entire clause doesn't apply.
However, if Hyatt is interpreting it as option #2, then everything listed is a separate and stand-alone "ineligible rate", which means that the statement "Third Party Internet Rates" is a standalone example that is separate from "discounted rates, including, but not limited to, any free night stays". As such, it wouldn't matter if you got a discount, because all "Third Party Internet Rates" are ineligible.
I hope I got my logic right in there, because even I got confused as I was writing it!