Last edit by: SanDiego1K
Description of resolution can be found here: https://www.flyertalk.com/forum/31088204-post759.html
Outrageous No-Show Fee Incurred At St. Regis Aspen
#391
Join Date: May 2004
Location: Exclusively OMNI/PR, for Reasons
Posts: 4,188
I wouldn't be surprised if the cancellation policy changed during the off-season. How's the skiing in Aspen at the end of May?
#392
Join Date: Apr 1999
Location: Colorado
Programs: UA 1KMM, Bonvoy Titanium
Posts: 296
#395
Suspended
Join Date: Feb 2019
Location: Buffalo, but live from suitcase
Programs: Delta, AA, Marriott
Posts: 240
Antarius, Don't mean to be arguable. But when you signed on to the SPG award program, the fine print there said they (SPG) could change the rules at any time unilaterally. "you" agreed to it. Thus when SPG was bought by Marriott, SPG changed its rules to match the Marriott. If you are upset at it, it is not an issue with Marriott, it is between "you" and SPG. The terms and conditions you agreed with with SPG is binding and those said SPG could do whatever they wanted with the program. Example. I had over a million miles of the "old Delta" FF program which they extended for a short term when they changed to the new program. The old miles were about 10x more valuable. I used a lot but still had close to a million that became "new" miles. I had lifetime at the Crown room. When it changed to the sky room, guess what - no more Crown Room
#396
Suspended
Join Date: Feb 2019
Location: Buffalo, but live from suitcase
Programs: Delta, AA, Marriott
Posts: 240
Starwood T&C stated $ and miles returned 10/2014
Starwood Awards Rules Oct 15, 2014:
If an SPG Member fails to cancel a guaranteed SPG Award reservation within the permitted cancellation time, the SPG Participating Hotel will charge the applicable cancellation fee to the credit card provided by the SPG Member at the time the reservation was made and the Starpoints that had been redeemed will be re-deposited into the SPG Member’s account. For Free Night Awards only, an SPG Member may request a refund of the applicable cancellation fees charged by forfeiting the portion of the Starpoints that he/she had redeemed for the SPG Award necessary to cover the applicable cancellation fees by emailing his/her request to [email protected] no later than 60 days after the reservation arrival date, provided that the SPG Member has adequate Starpoints in his/her account.
#397
FlyerTalk Evangelist
Join Date: Aug 2012
Location: KHOU/KIAH
Programs: AA EXP | Marriott Bonvoy Titanium| Hyatt Globalist
Posts: 11,244
Antarius, Don't mean to be arguable. But when you signed on to the SPG award program, the fine print there said they (SPG) could change the rules at any time unilaterally. "you" agreed to it. Thus when SPG was bought by Marriott, SPG changed its rules to match the Marriott. If you are upset at it, it is not an issue with Marriott, it is between "you" and SPG. The terms and conditions you agreed with with SPG is binding and those said SPG could do whatever they wanted with the program. Example. I had over a million miles of the "old Delta" FF program which they extended for a short term when they changed to the new program. The old miles were about 10x more valuable. I used a lot but still had close to a million that became "new" miles. I had lifetime at the Crown room. When it changed to the sky room, guess what - no more Crown Room
You cannot, however, unilaterally change terms of a contract. If I book a suite, the hotel cannot just give me a closet and say, tough .... - we changed our rules. If I book a fully refundable fare, an airline cannot retroactively require me to pay a change fee. This is a case of the latter. SPG or Marriott T&C may say that they can do this, but courts do not share this opinion.
#398
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Join Date: Feb 2019
Location: Buffalo, but live from suitcase
Programs: Delta, AA, Marriott
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except no laws have not allowed frequent flyer programs to change their rules. And in googling, I posted Starwood rules 10/2014 which stated you get charged for a no-show and the miles put back in your account.
#399
FlyerTalk Evangelist
Join Date: Aug 2012
Location: KHOU/KIAH
Programs: AA EXP | Marriott Bonvoy Titanium| Hyatt Globalist
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Antarius You are so wrong. When you signed up to the Starwood awards, you agreed to the T&C
Starwood Awards Rules Oct 15, 2014:
If an SPG Member fails to cancel a guaranteed SPG Award reservation within the permitted cancellation time, the SPG Participating Hotel will charge the applicable cancellation fee to the credit card provided by the SPG Member at the time the reservation was made and the Starpoints that had been redeemed will be re-deposited into the SPG Member’s account. For Free Night Awards only, an SPG Member may request a refund of the applicable cancellation fees charged by forfeiting the portion of the Starpoints that he/she had redeemed for the SPG Award necessary to cover the applicable cancellation fees by emailing his/her request to [email protected] no later than 60 days after the reservation arrival date, provided that the SPG Member has adequate Starpoints in his/her account.
Starwood Awards Rules Oct 15, 2014:
If an SPG Member fails to cancel a guaranteed SPG Award reservation within the permitted cancellation time, the SPG Participating Hotel will charge the applicable cancellation fee to the credit card provided by the SPG Member at the time the reservation was made and the Starpoints that had been redeemed will be re-deposited into the SPG Member’s account. For Free Night Awards only, an SPG Member may request a refund of the applicable cancellation fees charged by forfeiting the portion of the Starpoints that he/she had redeemed for the SPG Award necessary to cover the applicable cancellation fees by emailing his/her request to [email protected] no later than 60 days after the reservation arrival date, provided that the SPG Member has adequate Starpoints in his/her account.
Read Rodman vs Safeway first. Just because something is in some obscure T&Cs does not make it enforceable.
#400
Suspended
Join Date: Feb 2019
Location: Buffalo, but live from suitcase
Programs: Delta, AA, Marriott
Posts: 240
Yes and no. They can change aspects of the program, but they cannot arbitrarily change everything. For example, they can make Platinum into Gold and add a new tier above Ambassador, effectively demoting everyone. Not much we can do about that.
You cannot, however, unilaterally change terms of a contract. If I book a suite, the hotel cannot just give me a closet and say, tough .... - we changed our rules. If I book a fully refundable fare, an airline cannot retroactively require me to pay a change fee. This is a case of the latter. SPG or Marriott T&C may say that they can do this, but courts do not share this opinion.
You cannot, however, unilaterally change terms of a contract. If I book a suite, the hotel cannot just give me a closet and say, tough .... - we changed our rules. If I book a fully refundable fare, an airline cannot retroactively require me to pay a change fee. This is a case of the latter. SPG or Marriott T&C may say that they can do this, but courts do not share this opinion.
1) SPGs rules stated clearly that if you cancel after cut-off date (= no-show) your credit card is canceled and points returned. And you could appeal Perhaps SPG did not always follow their rules - but apparently those were the rules in effect when OP made his reservation. The fact that he did not read them is his fault
2) Delta devalued its miles as have other programs. If you don't show up for your airline, they do not have to refund you
3) You cannot find one court case stating otherwise
#401
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Join Date: Feb 2019
Location: Buffalo, but live from suitcase
Programs: Delta, AA, Marriott
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The rules were in effect 10/2014 That is five years prior to his making his reservation. The fact that he did not read the rules is his fault. But again, I think we agree that if he really did check in prior to noon, he was not a no-show and his miles should have been used. That is the only fact that he will win on. I don't think Safeway applies
#402
Join Date: Jan 2013
Location: Hawai'i Nei
Programs: Au: UA, Marriott, Hilton; GE
Posts: 7,140
I had over a million miles of the "old Delta" FF program which they extended for a short term when they changed to the new program. The old miles were about 10x more valuable. I used a lot but still had close to a million that became "new" miles. I had lifetime at the Crown room. When it changed to the sky room, guess what - no more Crown Room
Last edited by 747FC; Mar 20, 2019 at 4:07 pm
#403
Join Date: Sep 2010
Location: Chicago
Programs: Hyatt Glob; UA 1K; BonVoyage LTT (RIP SPG); HH Dia; JX Insighter
Posts: 1,642
But antarius
1) SPGs rules stated clearly that if you cancel after cut-off date (= no-show) your credit card is canceled and points returned. And you could appeal Perhaps SPG did not always follow their rules - but apparently those were the rules in effect when OP made his reservation. The fact that he did not read them is his fault
2) Delta devalued its miles as have other programs. If you don't show up for your airline, they do not have to refund you
3) You cannot find one court case stating otherwise
1) SPGs rules stated clearly that if you cancel after cut-off date (= no-show) your credit card is canceled and points returned. And you could appeal Perhaps SPG did not always follow their rules - but apparently those were the rules in effect when OP made his reservation. The fact that he did not read them is his fault
2) Delta devalued its miles as have other programs. If you don't show up for your airline, they do not have to refund you
3) You cannot find one court case stating otherwise
#404
Join Date: Nov 2014
Location: New York
Programs: MB-LTT , HH-Diam., HGP-Expl.
Posts: 778
Ex.: Customer buys a first class ticket form JFK to HKG on Cathay Pacific for 70K miles. Because all flights were cancelled from her departure airport, she asks calls the airline to explain that she will miss her award flight. The miles are refunded she is charged $20,000, even if the airline resold the seat. Even if that is legally permissible, I would avoid booking an award ticket with that airline.
#405
FlyerTalk Evangelist
Join Date: Aug 2012
Location: KHOU/KIAH
Programs: AA EXP | Marriott Bonvoy Titanium| Hyatt Globalist
Posts: 11,244
The rules were in effect 10/2014 That is five years prior to his making his reservation. The fact that he did not read the rules is his fault. But again, I think we agree that if he really did check in prior to noon, he was not a no-show and his miles should have been used. That is the only fact that he will win on. I don't think Safeway applies
1. The fee was not disclosed at booking
2. Marriott/spg cannot prove that the booking party received or read the retroactive fee addition
Safeway 100% applies as precedent. Spg cannot say "you may be charged a fee", not disclose a fee and then arbitrarily charge you. That's illegal and every court has sided with this.