What specific amounts are Crowne Plaza franchisees responsible for reimbursing related to chargebacks?
Crowne_Plaza Franchise · 2025 FDDAnswer from 2025 FDD Document
communications that you receive from us via electronic means, including via email or the internet ("Electronic Communications"), you are responsible for: (a) configuring Merchant Systems so that you can receive, access, and view Electronic Communications, including disabling spam filters and whitelisting domain names and email addresses; (b) the accuracy of, and all activity and communications under, your email addresses and accounts; (c) regularly monitoring and checking Electronic Communications; and (d) regularly monitoring and checking Business Track and any other websites, tools, and databases that contain information related to your Merchant Account. You are solely responsible for any disclosure, interception, or viewing of any Electronic Communication that has been transmitted from our server.
- 6.8 Test Messages and Automated Technology. You understand and agree that by disclosing your cell phone number, our service providers, American Express, and other Card Organizations may contact you at that number, including through the use of automatic technology or text, in connection with your Merchant Account. Your phone plan charges may apply.
6.9 Additional Information Regarding Interchange. The interchange rate schedule provides the most common interchange rates applicable to your transactions ("Interchange Rate Schedule"). Transactions may downgrade, resulting in higher interchange rates. You are responsible for all interchange fees as part of your responsibility for Third Party Based Fees. For more information on Visa's and Mastercard's interchange rates, please go to: www.visa.com/merchants and www.mastercard.us/merchants.
7 Chargebacks
- 7.1 Chargebacks Generally. You must reimburse us for all transactions you submit that are charged back and all related amounts, including: (a) all Chargebacks; (b) all fees, fines, penalties, assessments, and other amounts related to disputing or arbitrating a Chargeback or failing to produce records within applicable time limits; and (c) all Chargeback Fees set forth on the Fee Schedule or elsewhere in the Agreement, regardless of whether a Chargeback is settled in your favor or the Cardholder's favor.
- 7.2 Disputing Chargebacks. You may dispute a Chargeback as provided in the Card Organization Rules, including any requirements for timely submission. Our obligation to you respecting Chargeback disputes is limited to presenting your dispute to the appropriate Card Organization, to the limited extent required by Card Organization Rules. We will not engage in direct collection efforts against Cardholders on your behalf. The Your Payments Acceptance Guide contains additional details and requirements related to Chargebacks.
- 8 Representations; Warranties; Covenants; Limitations On Liability; Exclusion Of Consequential Damages
- 8.1 Your Representations and Warranties. Without limiting any other warranties hereunder, you represent, warrant to, and covenant with us, and with the submission of each Sales Draft reaffirm that:
- (a) each Card transaction is genuine and arises from a bona fide transaction permissible under the Card Organization Rules by the Cardholder directly with you, represents a valid obligation for the amount shown on the Sales Draft, preauthorized order, or Credit Draft, and does not involve the use of a Card for any other purpose;
- (b) each Card transaction represents an obligation of the related Cardholder for the amount of the Card transaction;
- (c) the amount charged for each Card transaction is not subject to any dispute, set-off or counterclaim;
Source: Item 23 — Receipts (FDD pages 100–424)
What This Means (2025 FDD)
According to Crowne Plaza's 2025 Franchise Disclosure Document, franchisees are responsible for chargebacks associated with transactions they submit. This includes several specific cost categories. Franchisees must reimburse Crowne Plaza for all chargebacks, along with any related amounts. These related amounts include all fees, fines, penalties, assessments, and other amounts connected to disputing or arbitrating a chargeback, or for failing to produce necessary records within the required timeframes. Franchisees are also responsible for all chargeback fees as outlined in the fee schedule or elsewhere in the agreement, regardless of whether the chargeback is ultimately settled in the franchisee's favor or the cardholder's favor.
In addition to general chargeback costs, Crowne Plaza franchisees may incur excessive chargeback fees. If a franchisee's chargeback percentage in any line of business exceeds the estimated industry chargeback percentage, they must pay an excessive chargeback fee for all chargebacks occurring that month in that specific line of business. The industry chargeback percentages are subject to change by Crowne Plaza to reflect changes reported by Visa, Mastercard, or Discover. The franchisee's chargeback percentage is calculated based on the total Visa, Mastercard, and Discover chargeback items or the total dollar amount of chargebacks divided by the corresponding number or dollar amount of transactions.
Furthermore, Crowne Plaza franchisees are responsible for all chargebacks, third-party-based fees, servicer fees, and other amounts resulting from fraudulent activity processed through their merchant systems or accounts, irrespective of any AVS (Address Verification System) response received. If a franchisee or their merchant provider is determined by any card organization to be the likely source of a data compromise event, they must promptly pay Crowne Plaza for all related expenses, claims, assessments, fines, losses, costs, penalties, and issuer reimbursements imposed by the card organizations. Franchisees must also cover all expenses and claims made by issuers against Crowne Plaza alleging responsibility for the data compromise event, even apart from claim procedures administered by the card organizations.