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IHG Account Terminated (after registering for several promotion codes)

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Old Jun 24, 2014, 2:19 am
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Last edit by: soitgoes
IHG Account Termination Fact Summary

1) IHG has been terminating accounts due to abuse since approximately 2010 (#244).

2) IHG account terminations happen suddenly and without warning. If your account is terminated, you will not be able to login. You will have to call customer service, who will either reinstate your account and warn you, or refer your case to another office, in which case your account is probably permamently closed.

3) No one except for IHG knows exactly what the trigger for account cancellation is. The reason given is usually excessive use of promo codes. In the past, it was thought that most of the people who got their accounts canceled was due to either selling points or excessive point break bookings, but it appears that mere registration of promo codes now can sometimes trigger a cancellation.

Who has gotten their account terminated?

(If you, or someone you know has got their account terminated, please list your username here, and reference the post you made on this thread).

bgmike (#1)
lcpteck (#5)
DavidAL - father - (#85)
Dolphinyong - friend - (#155)
Bakkie (#180)
Tim O'Brien (#187) reinstated
chongcao - good summary, esp. of events from flyertea forum (#244)
soitgoes (#262) deactivated temporarily; reactivated after phone call
travelismylife - brother inlaw - (#329)

Also, LoyaltyLobby has a number of data points in the comment thread.

FlyerTea (a Chinese site) also has a number of data points.

What do we know about terminations

1) The usual reason IHG gives is non-targeted promo code usage. We don't know which promo codes IHG considers invalid, although IHG told Bakke (#180), that he used a code that was supposed to be for platinum members when he was not.

2) Status does not matter. Gold members, Platinum members, even RAs have all had their account terminated.

3) Credit card does not matter. Some people terminated did not have the IHG Chase card, some did, for more than 3 years (#329).

4) Stay history does not matter. Some people had their accounts terminated before any stay, some had their accounts terminated after one stay that accrued many points, and some had a history of lot of paid stays.

5) Termination usually doesn't cause a loss of booked nights. Apparently, even though your points are gone, any nights reserved stay booked in the system.

6) Some account terminations are caused by calling customer service on incorrectly credited nights. A number of people who had their accounts terminated called in on a stay that posted as non-qualifying, only to have their account cancelled shortly thereafter.

IHG Terms and Conditions downloadable PDF, including:

4. Membership Cancellation. SCH reserves the right to cancel any IHG®Rewards Club membership and revoke any and all unredeemed IHG® Rewards Club points collected by any member for reasons that include, but are not limited to: 1) violation of these Terms and Conditions; 2) misrepresentation of any information or any misuse of this Program; 3) violation of any national, state or local law or regulation in connection with the use of membership privileges; 4) failure to pay for hotel charges; 5) a check to a participating hotel brand that is returned for insufficient funds or is invalid for any reason; 6) commission of fraud or abuse involving any portion of this Program; 7) more than one active account per member; or 8) physical, verbal, or written abuse of hotel or IHG personnel; or 9) action, in any other way, to the detriment of the Program or any of its alliances; all as may be determined by SCH in its sole discretion.
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IHG Account Terminated (after registering for several promotion codes)

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Old Jul 17, 2014, 7:42 am
  #511  
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Originally Posted by sethb
Before: X has the capability of staying at a particular hotel for 5 nights for no cash out of pocket. After: X lacks that capability. Do the arithmetic.
There's no arithmetic to be done. Sitting in an account the points are just points that don't belong to the collector. Apply them to a booking and they look more like money. The capability you refer to is irrelevant.
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Old Jul 17, 2014, 12:59 pm
  #512  
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Originally Posted by Wan1dap
There's no arithmetic to be done. Sitting in an account the points are just points that don't belong to the collector. Apply them to a booking and they look more like money. The capability you refer to is irrelevant.
You keep ignoring the fact that the T&Cs will be interpreted within the scope of existing law. In many jurisdictions, including the UK, many of these nonsense conditions will simply be void. But we've been into that at least two times already. This is the third.

HTB.
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Old Jul 17, 2014, 2:27 pm
  #513  
 
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Originally Posted by Wan1dap
It's pretty clear in the T&C that members have no ownership interest in accrued points and points have no value until they are linked to a reservation. It also clarifies that the word "earn" is to be construed as meaning "collect". What exactly are they stealing?
What about points that are paid for? IHG made a large number of points available for purchase via the Daily Getaways. I bought over 500k points from there. Don't I own those points? I certainly can put a value to those points as I know what I paid for them.
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Old Jul 17, 2014, 2:33 pm
  #514  
 
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Originally Posted by htb
You keep ignoring the fact that the T&Cs will be interpreted within the scope of existing law. In many jurisdictions, including the UK, many of these nonsense conditions will simply be void. But we've been into that at least two times already. This is the third.

HTB.
+1, tiring explaining one cannot contract out, a bit like liablity disclaimers airlines are infamous for, "we won't be liable for your injuries or death " let the judge or jury be the judge of that, let's look at the torts law, not your T&C
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Old Jul 17, 2014, 2:42 pm
  #515  
 
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Originally Posted by whimike
What about points that are paid for? IHG made a large number of points available for purchase via the Daily Getaways. I bought over 500k points from there. Don't I own those points? I certainly can put a value to those points as I know what I paid for them.
+1 ^i believe under common law there would be no question that it would be reasoned you have made an exchange of money for points, that have an established valuation, ie at the price point you exchanged at for them, and notwithstanding any suggestion in any T&C that you don't own them, they are for your benefit and control, and therefore effectively a currency capable of exchange for youself to enjoy.
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Old Jul 17, 2014, 5:16 pm
  #516  
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(...) I am still the only one using facts to back my statements: I refer to the printed T&C as issued by IHG. If someone actually takes a case to court and is proved correct, I will of course acknowledge that fact. (...)

Last edited by FLYGVA; Jul 18, 2014 at 3:47 am Reason: not necessary personal comments edited out of post
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Old Jul 17, 2014, 6:19 pm
  #517  
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Has anyone commented on this thread, about the AMEX promo of a few years back ?

People 'earned' millions of points ( one guy claimed over 13 miliion reward points ).

AMEX claimed T&Cs.

Claimants took legal action, and I believe many of them actually won their case, and AMEX were ordered to pay the millions of points to the accounts.
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Old Jul 17, 2014, 6:51 pm
  #518  
 
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Originally Posted by Wan1dap
Despite all the huffing and puffing from aggrieved parties here, I am still the only one using facts to back my statements: I refer to the printed T&C as issued by IHG. If someone actually takes a case to court and is proved correct, I will of course acknowledge that fact. Until then, what is the point of all the attacks on my comments?
Because you are completely missing the point; just because something is written in the terms and conditions does not make it legally untouchable. In the UK, and in many other countries, companies cannot use their terms and conditions to exempt themselves from abiding by the law. It's really simple to grasp and I'm surprised you don't understand this. Perhaps it's different where you reside?
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Old Jul 17, 2014, 7:06 pm
  #519  
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Originally Posted by AMDB7
Because you are completely missing the point; just because something is written in the terms and conditions does not make it legally untouchable. In the UK, and in many other countries, companies cannot use their terms and conditions to exempt themselves from abiding by the law. It's really simple to grasp and I'm surprised you don't understand this. Perhaps it's different where you reside?
Fair enough. Have you successfully taken IHG to court, based on your solid legal grounds? Has anyone? If so I wish they would share their success.

What point exactly am I missing?

(Actually not missing any points - still got all mine )

Last edited by Wan1dap; Jul 17, 2014 at 7:16 pm Reason: Pun
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Old Jul 18, 2014, 4:56 am
  #520  
 
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Originally Posted by Wan1dap
What point exactly am I missing?
This:

At least in the UK, we have the "Unfair Contract terms act (1977)" which prevents a breach of duty through the imposition of contract terms.

It seems nobody here has yet gone down that road, but having a vague "and anything else we, and we alone, decide without recourse" would most likely be deemed unreasonable and unfair contract term.
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Old Jul 18, 2014, 5:34 am
  #521  
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Originally Posted by HarryHolden68
This:

At least in the UK, we have the "Unfair Contract terms act (1977)" which prevents a breach of duty through the imposition of contract terms.

It seems nobody here has yet gone down that road, but having a vague "and anything else we, and we alone, decide without recourse" would most likely be deemed unreasonable and unfair contract term.
This has been explained both often and continuously, in this and similar terms and conditions threads. It's also been covered in other forums, in particular BAEC However, it seems to no avail.

The issue he hasn't grasped yet is that no one in the UK has yet emerged that has been effected and needed to take the route. No one in the UK can take action until they suffer a loss. Perhaps IHG are purposefully avoiding the UK because of our consumer laws and small claims process. That would be wise and would explain why no one has posted from the UK here or in other places.

He also for some reason keeps thinking that every time we explain this, that it is a " class action" which it isn't. It is an individual taking action. Every time this is explained. Let us try and keep the thread open in order to help people as they emerge.

I think we have now done that aspect to death, and if someone from the UK emerges that has been effected, I am confident those in the UK that would like to see this go down the fast small claim track and we will provide help and encouragement. Until then, repeating this over and over again will only nudge the thread to be closed by the mods as "going nowhere".

It would be great for it to remain open so that people effected in the future can congregate and discuss the issue in an adult and helpful way and how to handle it in the most appropriate way considering local consumer laws.


Last edited by uk1; Jul 18, 2014 at 6:34 am
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Old Jul 18, 2014, 6:33 am
  #522  
 
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Originally Posted by AMDB7
Because you are completely missing the point; just because something is written in the terms and conditions does not make it legally untouchable. In the UK, and in many other countries, companies cannot use their terms and conditions to exempt themselves from abiding by the law. It's really simple to grasp and I'm surprised you don't understand this. Perhaps it's different where you reside?
+1, 'contacting out' is the attempt to contravene laws by way of private agreements, and doesn't stand.
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Old Jul 18, 2014, 7:39 am
  #523  
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Originally Posted by uk1
This has been explained both often and continuously, in this and similar terms and conditions threads. It's also been covered in other forums, in particular BAEC However, it seems to no avail.

The issue he hasn't grasped yet is that no one in the UK has yet emerged that has been effected and needed to take the route. No one in the UK can take action until they suffer a loss. Perhaps IHG are purposefully avoiding the UK because of our consumer laws and small claims process. That would be wise and would explain why no one has posted from the UK here or in other places.

He also for some reason keeps thinking that every time we explain this, that it is a " class action" which it isn't. It is an individual taking action. Every time this is explained. Let us try and keep the thread open in order to help people as they emerge.

I think we have now done that aspect to death, and if someone from the UK emerges that has been effected, I am confident those in the UK that would like to see this go down the fast small claim track and we will provide help and encouragement. Until then, repeating this over and over again will only nudge the thread to be closed by the mods as "going nowhere".

It would be great for it to remain open so that people effected in the future can congregate and discuss the issue in an adult and helpful way and how to handle it in the most appropriate way considering local consumer laws.

The UK is one jurisdiction. This is a global program. A small claims win is no indicator of an underlying gross contravention of law, and would be ignored by any large corporate.

What has been done to death is the constant speculation and continued ranting about what a terrible company/program/management group this is. But no-one's got the guts or interest to prove it? Or believes their case is strong enough to follow through? And I don't mean just in the UK. Until someone successfully wins a major court action that causes significant change in IHG's T&C, behaviour, IT system etc, the fact remains that the T&C apply and have been accepted by all IHG Rewards members.

No other facts have been presented.
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Old Jul 18, 2014, 7:47 am
  #524  
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Originally Posted by HarryHolden68
This:

At least in the UK, we have the "Unfair Contract terms act (1977)" which prevents a breach of duty through the imposition of contract terms.

It seems nobody here has yet gone down that road, but having a vague "and anything else we, and we alone, decide without recourse" would most likely be deemed unreasonable and unfair contract term.
Again, what did I miss? So there's an Act in the UK. Has IHG been tested against it? No. Have they been forced to hand back points/change the T&C? No. Nor has this happened in any other country in which the program operates, to our knowledge, because there's been silence on the matter from all the normally vociferous accusers. Wonder why?
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Old Jul 18, 2014, 7:54 am
  #525  
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Originally Posted by Wan1dap
There's no arithmetic to be done. Sitting in an account the points are just points that don't belong to the collector. Apply them to a booking and they look more like money. The capability you refer to is irrelevant.
Your belief is irrelevant. The only opinion that matters is that of a court of competent jurisdiction.

The fact that (as you admit) the customer is the one who can make them "look more like money" will certainly aid any customer who chooses to sue over this.

Originally Posted by Wan1dap
(...) I am still the only one using facts to back my statements: I refer to the printed T&C as issued by IHG. If someone actually takes a case to court and is proved correct, I will of course acknowledge that fact. (...)
Can you explain precisely why the statements made by IHG should be considered to override the law? You aren't presenting facts, other than the fact that IHG made particular statements. Other people have equally presented facts, that specific laws make those statements inoperable.
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