What security obligations does the Atwell Suites hotel have regarding the PMS Solution?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.5 Hotel's Security Obligations.
Hotel will implement and maintain commercially reasonable and industrystandard measures, safeguards, and other controls to prevent a breach of or unauthorised access to the PMS Solution.
Hotel will ensure all Designated Users comply with industry best practices to implement secure passwords, regularly change such passwords, and protect the security and privacy of their user logins and the PMS Data.
Hotel shall be solely responsible for any and all Claims and Losses (as each such term is defined below) relating to an unauthorized third party access to the PMS Solution and/or PMS Data that results or arises out of breach of the foregoing.
Hotel will comply with any additional security requirements that HotelKey or IHG provides to Hotel in writing, which may be updated from time to time.
Hotel shall inform each Designated User of this Agreement's terms and restrictions and shall enforce such restrictions.
Hotel agrees to notify HotelKey and IHG if Hotel becomes aware of any failure of a Designated User to adhere to the license terms and restrictions in this Agreement.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites' 2025 Franchise Disclosure Document, the hotel has several security obligations regarding the PMS (Property Management System) Solution. The hotel must implement and maintain commercially reasonable and industry-standard measures to prevent unauthorized access or breaches of the PMS Solution. This includes ensuring that all designated users comply with industry best practices for creating and regularly changing secure passwords, as well as protecting the security and privacy of their user logins and the PMS data.
The Atwell Suites franchisee is solely responsible for any claims and losses resulting from unauthorized third-party access to the PMS Solution or PMS Data if it arises from a breach of these security obligations. The hotel must also comply with any additional security requirements provided in writing by HotelKey (the PMS provider) or IHG (InterContinental Hotels Group), which may be updated periodically.
Furthermore, the Atwell Suites franchisee is responsible for informing each designated user of the agreement's terms and restrictions and ensuring they are enforced. The franchisee must also notify HotelKey and IHG if they become aware of any failure by a designated user to adhere to the license terms and restrictions outlined in the agreement. These measures collectively aim to protect the PMS Solution and associated data from unauthorized access and potential security breaches, placing a significant responsibility on the franchisee to maintain a secure environment.