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Old Oct 6, 2018, 6:39 am
  #556  
Counsellor
 
Join Date: May 1998
Posts: 6,790
Originally Posted by craigthemif
I look forward to you providing actual applicable examples of which legal jurisdiction protects miles, points, etc.

Airlines are free to add fuel surcharges, co-payments, close-in charges, etc. as they wish to awards. Hotels can add resort fees to award nights. Hotels (and chains) are free to place whatever capacity controls they choose on free award nights. (in a legal, consumer protection sense)

We participate according to the T&Cs that the companies are free to rewrite at any time. Marriott is free to move 99% of its hotels out of Categories 1-4 if it so chooses and there will be no legal recourse. Simply it will ruin the perception of loyalty and cost them future business.
Don't confuse the rules as applied to airlines and their frequent flyer programs to the situation with Marriott and hotels.

In the United States, the Airline Deregulation Act signed by President Carter exempted airlines from most state consumer protection laws, and the court cases have applied that to the frequent flyer programs to preempt application of the state laws to the frequent flyer programs as well.

There is no "Hotel Deregulation Act" so state consumer protection laws apply to hotels and to frequent "stayer" programs. Most states do indeed bar applying changes that are to the detriment of the consumer, if the consumer has already "purchased" the product or service. So, while the "price" of a product (e.g., hotel room) can be changed (by devaluation of points, for instance), once the consumer has bought the hotel room (by redeeming the points) the T&C normally can't be changed to his detriment. (This is a general statement, not legal advice; the legal result will vary by jurisdiction and is -- of course -- dependent on the specific facts.)
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