For Atwell Suites hotels, what is considered 'Available' or 'Availability' in the context of the Monthly Uptime Availability service level for the PMS Solution?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
For the purposes of this "Monthly Uptime Availability" service level, (A) "Available" or "Availability" means that the PMS Solution is available for access by the Hotel and (B) "Monthly Uptime Availability" will be calculated by subtracting from 100% the percentage of minutes during an applicable calendar month that the PMS Solution is not "Available", excluding any "Excluded Downtime" (as defined below).
The "Monthly Uptime Availability" service level shall not apply and the PMS Solution shall be deemed "Available" where any unavailability results from or relates to any of the below ("Excluded Downtime"):
Hotel's or any third party's platforms, software, equipment, hardware, systems, applications, or other technology in Hotel's information technology environment (other than the PMS Solution or the platforms, software, equipment, hardware, systems, applications, or technology of a third party provider used to provide the PMS Solution to Hotel);
Any failure of Hotel's internet service provider, utility companies, or other contractors, subcontractors, suppliers or vendors that Hotel utilises or relies on to access the PMS Solution or access the internet;
The occurrence of any event or circumstance outside of the control of HotelKey or IHG (including the occurrence of any "force majeure" event as set forth in Section 11.5 (Force Majeure) of the Agreement);
Any scheduled maintenance related to the PMS Solution;
Any emergency maintenance related to the PMS Solution performed for the purposes of addressing any security matter; or
Any actions or inactions of Hotel (or any of Hotel's users) or any third party.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites's 2025 Franchise Disclosure Document, 'Available' or 'Availability' within the context of the Monthly Uptime Availability service level for the PMS (Property Management System) Solution means that the PMS Solution is accessible for use by the hotel. The Monthly Uptime Availability is calculated by starting at 100% and then subtracting the percentage of minutes during the month that the PMS Solution was not 'Available'. This calculation excludes any 'Excluded Downtime'.
Several factors are considered 'Excluded Downtime,' during which the PMS Solution is deemed 'Available' regardless of actual accessibility. These exclusions include issues arising from the hotel's own or a third party's platforms, software, equipment, or IT environment, excluding the PMS Solution itself or its direct third-party providers. Failures of the hotel's internet service provider, utility companies, or other contractors used to access the PMS Solution also constitute Excluded Downtime. Events outside the control of HotelKey or IHG, including force majeure events, scheduled maintenance, and emergency maintenance for security purposes, are also excluded.
Furthermore, any unavailability resulting from actions or inactions of the hotel, its users, or any third party is considered Excluded Downtime. If the Monthly Uptime Availability falls below 99.5%, the Atwell Suites hotel may be eligible for a service credit. The amount of the service credit varies based on the percentage of uptime, ranging from 5% to 40% of the monthly PMS Solution fees, depending on the level of availability achieved. This service credit serves as the hotel's sole remedy for failures in the Monthly Uptime Availability service level.