Does HotelKey or IHG warrant that the PMS solution for Atwell Suites will operate without interruption?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
IHG is not the licensor or provider of the solutions made available to Hotel under this Agreement and offers no warranties on the solutions. HOTELKEY AND IHG HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR NETWORK CONNECTIVITY, SECURITY, AVAILABILITY, SOFTWARE, HARDWARE, SYSTEMS, OR TRANSACTION PROCESSING OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL SERVICES, AND ALL SUPPORT MATERIALS AND OTHER DATA, SOFTWARE OR OTHER ITEMS ARE PROVIDED "AS IS" AND "WHERE IS". HOTELKEY AND IHG DO NOT WARRANT THAT THE PMS SOLUTION WILL BE AVAILABLE, WILL OPERATE WITHOUT INTERRUPTION, OR WILL BE FREE OF ERRORS, BUGS, OR OTHER DEFECTS.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites's 2025 Franchise Disclosure Document, neither HotelKey nor IHG provide any warranties that the PMS solution will operate without interruption. They explicitly disclaim all warranties, whether expressed or implied, related to the availability and uninterrupted operation of the PMS solution.
This disclaimer extends to various aspects of the PMS solution, including network connectivity, security, software, hardware, systems, and transaction processing. Furthermore, HotelKey and IHG do not guarantee that the PMS solution will be free of errors, bugs, or other defects. The document states that all services, support materials, data, software, and other items are provided "AS IS" and "WHERE IS".
For a prospective Atwell Suites franchisee, this means accepting the risk that the PMS solution may experience interruptions, errors, or defects. It is crucial to have contingency plans in place to manage hotel operations during any system downtime. While the FDD does not specify the service levels or support provided, it does mention that the PMS Solution will include support services in accordance with the service levels set forth in Attachment 1 (Support and Service Levels). A franchisee should carefully review this attachment to understand the scope and limitations of the support provided by HotelKey.