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Old Jul 8, 2013, 11:43 am
FlyerTalk Forums Expert How-Tos and Guides
Last edit by: FLYGVA
Recent discussion (After January 01, 2016) could be found in this thread.

Most important points to consider for a valid BRG:

1. The comparison website MUST bill in the same currency as the hotel .

2. The cancellation terms must be equal or better, than the terms by the hotels.

3. The Website needs to provide INSTANT confirmation.

4. The room names should match, but if you can demonstrate, that the room is comparable, it will also work with discrepancies in the name.

5. The price difference has to be more than either USD 1 or 1% (whichever is higher).
5.b In regards to hotels located in australia and New Zealand the price difference must be greater than 3% .

Hotels for which you will get reimbursed:
(Note: There have been significant problems with getting full reimbursements from IHG, especially for reimbursements in other currencies than USD)

IC Istanbul ( BRG claim from the 17.05.2013/ "Technical Difficulties")

IC Frankfurt ( BRG claim from the 20.08.2013/ "Technical Difficulties")

Link to the Terms and Conditions : https://www.ihg.com/hotels/us/en/cus...rms-conditions
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Old Dec 19, 2013, 9:21 am
  #5101  
 
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Originally Posted by nacho
However that rate is not available to general public - since it's a member only rate. So as per Terms and Conditions your friend's claim should be accepted.
Actually, if the rate shows up for everyone by performing a BAR search, the claim shouldn't be accepted.
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Old Dec 19, 2013, 11:38 am
  #5102  
 
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It is a game to get a free room, from a customer's perspective. The customer is not gonna give a damn where he or she gets the lowest price, he/she only cares about the lowest price itself or a free room. But from a supplier's perspective, yes you are right, it is a way to let people book on ihg.com
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Old Dec 19, 2013, 12:08 pm
  #5103  
 
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Originally Posted by StevieCRock
It is a game to get a free room, from a customer's perspective. The customer is not gonna give a damn where he or she gets the lowest price, he/she only cares about the lowest price itself or a free room. But from a supplier's perspective, yes you are right, it is a way to let people book on ihg.com
We'll just have to agree to disagree on this. I don't see anything *wrong* with taking advantage of a free night, or even looking for one, but the majority of customers are seeking solace that they can look in one place and find the cheapest rate -- not go look on 25 websites to trap IHG into a gotcha so they can get a free rate.
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Old Dec 19, 2013, 12:24 pm
  #5104  
 
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Originally Posted by tangey
Your friend should have tried making a claim based on not being a member, i.e. not logged into the IHG website, at which point, the member's rate would not have been available to him.

I think this member's rate is another way of IHG dealing with BRG. One assumes 3rd party sites T&C with IHG is that they must not be lower than the headline rate. Even if they end up being slightly lower, chances are they wouldn't be 10% lower.
Well, I think they will still reject it...someone might wanna report about it?
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Old Dec 19, 2013, 3:30 pm
  #5105  
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I think some of these rejections would be the good basis for legal action against IHG.

The rate says 'guaranteed' best price. A screen-shot (provided you can verifiy it has not been altered' should be proof enough!
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Old Dec 19, 2013, 8:15 pm
  #5106  
 
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Originally Posted by LHR/MEL/Europe FF
I think some of these rejections would be the good basis for legal action against IHG.

The rate says 'guaranteed' best price. A screen-shot (provided you can verifiy it has not been altered' should be proof enough!
We've been through this before. IHG is allowed to set whatever terms and conditions it wants in its best price guarantee and certainly it has never said that a screenshot is enough. So good luck suing on that basis.

Moreover, this is not a contract, but a promotion. There is no consideration. You have given up nothing and are seeking something for nothing. Yes, you will argue with me about this, but the law is quite clear that a promotion is not a binding contract until you pay money. (There can be a detrimental reliance claim in certain circumstances, but where it is 100% clear that you should wait to see if your claim is approved, you would have no detrimental reliance claim if you went and booked nonrefundable stuff based on the belief your claim for a free room would be approved.)
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Old Dec 19, 2013, 8:47 pm
  #5107  
 
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It appears I have been humbled as 7 days after my claim was submitted, I have received approval. Credit to IHG for following through, they have changed my opinion.
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Old Dec 19, 2013, 8:53 pm
  #5108  
 
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Originally Posted by Adam1222
We've been through this before. IHG is allowed to set whatever terms and conditions it wants in its best price guarantee and certainly it has never said that a screenshot is enough. So good luck suing on that basis.

Moreover, this is not a contract, but a promotion. There is no consideration. You have given up nothing and are seeking something for nothing. Yes, you will argue with me about this, but the law is quite clear that a promotion is not a binding contract until you pay money. (There can be a detrimental reliance claim in certain circumstances, but where it is 100% clear that you should wait to see if your claim is approved, you would have no detrimental reliance claim if you went and booked nonrefundable stuff based on the belief your claim for a free room would be approved.)

Last edited by bearvest; Dec 19, 2013 at 9:17 pm Reason: Whoops, Posted below
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Old Dec 19, 2013, 9:09 pm
  #5109  
 
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How is the lower rate still available after 7 days on the third party website?!
And they took 7 days to respond?! Or did they reject and you wrote back?
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Old Dec 19, 2013, 9:13 pm
  #5110  
 
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Originally Posted by Adam1222
We've been through this before. IHG is allowed to set whatever terms and conditions it wants in its best price guarantee and certainly it has never said that a screenshot is enough. So good luck suing on that basis.

Moreover, this is not a contract, but a promotion. There is no consideration. You have given up nothing and are seeking something for nothing. Yes, you will argue with me about this, but the law is quite clear that a promotion is not a binding contract until you pay money. (There can be a detrimental reliance claim in certain circumstances, but where it is 100% clear that you should wait to see if your claim is approved, you would have no detrimental reliance claim if you went and booked nonrefundable stuff based on the belief your claim for a free room would be approved.)
With respect, there is consideration and a contract formed.

IHG does not simply expect you to report the price discrepancy.

You must book with them and report. The booking process prior to the report is, indeed, consideration. You have put yourself out--even if you can cancel.

IHG should play by the rules of contract. But they don't.

I simply don't bother. I had a free night at an Intercontinental about 2 years ago. But it's now a waste of time.

With over 5,000 posts complaining about the BRG program, why bother?

It's a far more productive use of one's time to chase butterflies, tilt at windmills, or follow the yellow brick road.
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Old Dec 19, 2013, 9:44 pm
  #5111  
 
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Originally Posted by bearvest
With over 5,000 posts complaining about the BRG program, why bother?
.

Because this thread is typically like most things stuck in a negative feedback loop (plus questions from the less informed, who often want others to do all the work for them). Very few FTEers post saying how easy/good/painless an IHG BRG claim was.

In reality their will be far more positive results than each negative BRG claim.

Few sucessful BRGs by FTers get reported here, but majority of issues will get posted, the 5000posts here in thread are not nearly all complaints, and the subset that are complaints are not represtative of the overall BRG promo picture.

Yes IHG have put in place more restrictive criteria for submitting claims , and maybe issued instructions to BRG checkers to be less liberal/flexible in giving claim some leeway, but such restrictions became necessary if IHG were to be able to continue this BRG program without totally alienating their franchises as the pricematch guarantee became to many a freenight guarantee eg with some booking multiple brg nights on alternate days OR never book paid nights with IHG only free BRG nights.
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Old Dec 19, 2013, 10:04 pm
  #5112  
 
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Originally Posted by bearvest
With respect, there is consideration and a contract formed.

IHG does not simply expect you to report the price discrepancy.

You must book with them and report. The booking process prior to the report is, indeed, consideration. You have put yourself out--even if you can cancel.

IHG should play by the rules of contract. But they don't.

I simply don't bother. I had a free night at an Intercontinental about 2 years ago. But it's now a waste of time.

With over 5,000 posts complaining about the BRG program, why bother?

It's a far more productive use of one's time to chase butterflies, tilt at windmills, or follow the yellow brick road.

Your view of consideration is cute, but one that would get a law student an F on his first-year contracts exam, and perhaps sanctions if filed in court. Filling out a form is not consideration.
Moreover, in your view, the offer and acceptance don't match. If I say, you can submit a BRG in X,Y,Z ways, you can't accept by sending a screenshot if that is not one of the ways my offer specified. Just like a contract isn't formed if I say "I will sell you 13 brown widgets for $100," and you say "Great, I will buy 10 brown widgets and 2 white ones for $85." (That would be a counteroffer.)

The reason there are so many posts complaining is because when anyone tries to report a positive experience, they get berated and jumped on, accused of working for IHG, etc.. As I've said, I've had over a dozen positive BRG claims with IHG, including one two days ago -- on a $700 night. So, either I'm incredibly lucky, or maybe just people who have problems are disproportionately likely to post on this thread.

(And yes, there are 5000 posts, but some are about things like "I booked a nonrefundable rate and now 2 weeks later the rate is lower." Or, "a screenshot should suffice" -- i.e., things that are in no way compliant with any reading of the T&C of the policy. The number of actual legitimate complaints is a fraction)
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Old Dec 19, 2013, 10:05 pm
  #5113  
 
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The real problem here is the bpg agents lying and not responding to our claims. There is no issue around their restricted policies, but if you have filed claims recently it is more obvious that their people are not playing with their own rules. If a claims takes longer than 48 hours to respond, chances are, the Lower rate is gone. And as bpg agents, they should know that. They not only respond with obviously flawed screenshots to deny claims, but also not responding for over a couple days period, that is not how you treat BRG claims in general. If IhG wants to keep that department, either get more people to respond within reasonable timeframe or just cancel the program so that people stop having false hope on this!!
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Old Dec 20, 2013, 12:04 am
  #5114  
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Originally Posted by Adam1222
We've been through this before. IHG is allowed to set whatever terms and conditions it wants in its best price guarantee and certainly it has never said that a screenshot is enough. So good luck suing on that basis.

Moreover, this is not a contract, but a promotion. There is no consideration. You have given up nothing and are seeking something for nothing. Yes, you will argue with me about this, but the law is quite clear that a promotion is not a binding contract until you pay money. (There can be a detrimental reliance claim in certain circumstances, but where it is 100% clear that you should wait to see if your claim is approved, you would have no detrimental reliance claim if you went and booked nonrefundable stuff based on the belief your claim for a free room would be approved.)
Ah - but there could be legal action under relevant advertising laws, depending on the country you are in.

A best rate guarantee that is not, in fact, a best rate guarantee (because they take so long to approve it) may not cut the mustard.

Just as an example a popular travel agent in Australia got into some difficulty for advertising lowest airfares 'guaranteed'. In essence the company meant that if you found a lower airfare they would beat it, but the consumer tribunal held it was possible for consumers to think that the travel agency was offering the lowest airfares... guaranteed. (And that the person need not look any further.)

They have subsequently changed their tag line. http://www.accc.gov.au/media-release...ranteed-slogan

I am thinking there are some similarities with IHG.
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Old Dec 20, 2013, 7:31 am
  #5115  
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Originally Posted by Adam1222
We've been through this before. IHG is allowed to set whatever terms and conditions it wants in its best price guarantee and certainly it has never said that a screenshot is enough. So good luck suing on that basis.

Moreover, this is not a contract, but a promotion. There is no consideration. You have given up nothing and are seeking something for nothing. Yes, you will argue with me about this, but the law is quite clear that a promotion is not a binding contract until you pay money. (There can be a detrimental reliance claim in certain circumstances, but where it is 100% clear that you should wait to see if your claim is approved, you would have no detrimental reliance claim if you went and booked nonrefundable stuff based on the belief your claim for a free room would be approved.)

there is a lot lawsuits in US against IHG
www bloomberg com/news/2013-12-17/expedia-starwood-ask-judge-to-dismiss-price-fixing-suit-1-.html
http:// dockets justia com/docket/texas/txndce/3:2013cv00614/228629
http:// dockets justia com/docket/texas/txndce/3:2013cv00614/228629
http:// dockets justia com/docket/texas/txndce/3:2013cv00066/227305
http:// dockets justia com/docket/texas/txndce/3:2013cv00052/227338
and many more
www travelweekly com/Travel-News/Online-Travel/Hotels-and-OTAs-accused-of-price-fixing-in-lawsuit/
www travelweekly com/Travel-News/Online-Travel/Lawsuit-against-OTAs-and-hotels-alleges-conspiracy-to-prevent-discounting/

Last edited by kaell; Dec 20, 2013 at 7:40 am
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