Go Back  FlyerTalk Forums > Miles&Points > Hotels and Places to Stay > Marriott | Marriott Bonvoy
Reload this Page >

Hotels without Platinum "amenity" - legal or not?

Hotels without Platinum "amenity" - legal or not?

Old Jan 10, 2019, 8:31 pm
  #46  
A FlyerTalk Posting Legend
 
Join Date: Aug 2002
Programs: UALifetimePremierGold, Marriott LifetimeTitanium
Posts: 71,096
Am I the only hoping Marriott audits the OP's account?

Cheers.
SkiAdcock is offline  
Old Jan 10, 2019, 9:25 pm
  #47  
Marriott Contributor Badge
 
Join Date: Jan 2009
Location: TUL
Programs: AA EXP 2MM; Marriott Titanium; Hilton Diamond; Hyatt Explorist; Vistana 5* Elite; Nat'l Exec Elite
Posts: 6,177
Originally Posted by igor82j
What i found out the hard way, one has to record the conversation at check-in. Otherwise, it might be hard to proof what has been offered at check-in.
With all you've said in this thread, I would love to read the notes that have been entered by FDCs and Hotel Management on your Marriott account!
controller1 is offline  
Old Jan 10, 2019, 11:23 pm
  #48  
 
Join Date: May 2001
Location: Vancouver, BC, Canada
Programs: AC SE100K MM, Bonvoy Lifetime Titanium, Accor Diamond, National Emerald Club Exec Elite
Posts: 1,085
Originally Posted by C17PSGR
In many jurisdictions, the answer is yes, you do need to ask permission. I'll throw out California, Canada....
If you’re using Canada as an example of a jurisdiction where you’d need consent to secretly record the FDC talking to you, you’d be wrong. As long as you’re a party to the conversation in Canada, you can record it without disclosing that to the other party. However, you cannot record a conversation to which you’re not a party.

Last edited by ac/elite; Jan 12, 2019 at 7:20 pm
ac/elite is offline  
Old Jan 12, 2019, 2:01 pm
  #49  
 
Join Date: Oct 2018
Programs: SPG, UA, AA
Posts: 9
There is actually a Supreme Court (I think?) case that determined that FF miles are not legally "property" as the airlines can take them away at any time for any reason or for no reason. My guess is that any Platinum amenities would fall under the same category.
FuryRoadWarrior is offline  
Old Jan 12, 2019, 6:26 pm
  #50  
 
Join Date: Jun 2015
Posts: 343
Originally Posted by FuryRoadWarrior
There is actually a Supreme Court (I think?) case that determined that FF miles are not legally "property" as the airlines can take them away at any time for any reason or for no reason. My guess is that any Platinum amenities would fall under the same category.
You should go read the actual SCOTUS decision, Northwest Inc. V. Ginsberg. That's related to suing an airline frequent flier program, although I have a feeling you're referring to American Airlines, Inc. V. Wolens et al. Which is an earlier decision again relating to an airline FF program. Wolen involves changing the value of program rewards. Both these cases are decided under the ADA (Airline Deregulation Act), which has no bearing on hotel programs. Furthermore, even if your metaphor held water, and you could apply the same standard to both Hotel and Airline programs, you're comparing the value of a point redemption, not the benefits derived from the programs stated guidelines. In the sense that, Marriott could arbitrarily rewrite the benefits, as they have done, and continue to do fairly frequently, you are correct. However, this thread is more about the enforcement of the current contract and program terms, not changes therein.
FlyBitcoin likes this.
Zelucifer is offline  
Old Jan 12, 2019, 6:47 pm
  #51  
Moderator: Chase Ultimate Rewards
 
Join Date: Apr 2005
Location: SFO
Programs: UA 2P, MR LT Plat, IHG Plat, BW Dia, HH Au, Avis PC
Posts: 5,445
When I was a desk clerk, we made sure to take care of guests like the OP. We would ensure they had exactly what they were entitled to: the $5 voucher to the snack bar and the slight upgrade to a room with a robe, which was all the rules said we had to give them at the time.

For guests who decided to treat the staff like people and not reference a rule book throughout the stay, we would actually take care of them... extra food, wine to the room, panoramic view in a double sized suite, etc.

I have always remembered that difference between compliance and care.
MDtR-Chicago is offline  
Old Jan 12, 2019, 6:49 pm
  #52  
 
Join Date: Oct 2018
Programs: SPG, UA, AA
Posts: 9
Originally Posted by Zelucifer
In the sense that, Marriott could arbitrarily rewrite the benefits, as they have done, and continue to do fairly frequently, you are correct. However, this thread is more about the enforcement of the current contract and program terms, not changes therein.
Yep - those are the lines I am thinking along. I vaguely remember in reading those cases (but law school was so long ago...) that the finding was that the miles did not constitute "property" and furthermore that participation in the FF program did not constitute a "contract" that could be enforced.

EDIT: Really dredging my memory now, but wasn't there a further provision that because FF miles are not "property", they couldn't be considered taxable income?

Last edited by FuryRoadWarrior; Jan 12, 2019 at 6:49 pm Reason: More thinking
FuryRoadWarrior is offline  
Old Jan 12, 2019, 7:59 pm
  #53  
 
Join Date: Mar 1999
Location: Ottawa, Canada.
Programs: AC*SE 2MM, Marriott*Plutonium Lifetime, other stuff
Posts: 484
[QUOTE=C17PSGR;30638925]In many jurisdictions, the answer is yes, you do need to ask permission. I'll throw out California, Canada, Germany as examples.


Wrong - rules in Canada vary by province. Legal to record a conversation in Ontario if one party is aware.

D
Travellin_man is offline  
Old Jan 12, 2019, 8:28 pm
  #54  
A FlyerTalk Posting Legend
 
Join Date: Aug 2002
Programs: UALifetimePremierGold, Marriott LifetimeTitanium
Posts: 71,096
Originally Posted by MDtR-Chicago
When I was a desk clerk, we made sure to take care of guests like the OP. We would ensure they had exactly what they were entitled to: the $5 voucher to the snack bar and the slight upgrade to a room with a robe, which was all the rules said we had to give them at the time.

For guests who decided to treat the staff like people and not reference a rule book throughout the stay, we would actually take care of them... extra food, wine to the room, panoramic view in a double sized suite, etc.

I have always remembered that difference between compliance and care.
I would hazard a guess most FDC are like this. I know some very well at different full-service properties (including int'l/ROW). I don't want to get any of them in trouble, but one int'l property told me if an elite did a DYKWIA the elite got only what they were required to do minimally via the program. If an elite was polite, etc, etc, they tried to do a lot more for the elite if they were able to do so.

FWIW - IMO the OP has hutzpah in his attempts to do the 'gotcha' thing.

Cheers.
andrewstahl likes this.

Last edited by SkiAdcock; Jan 12, 2019 at 8:35 pm Reason: cut part of response because in wrong thread...
SkiAdcock is offline  

Thread Tools
Search this Thread

Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.