factual

What obligation does the Delta Hotels By Marriott franchisee have regarding access to the Electronic Systems?

Delta_Hotels_By_Marriott Franchise · 2025 FDD

Answer from 2025 FDD Document

7.4 Access to Information. Franchisor may access the information contained in the Electronic Systems and Franchisee will take all actions reasonably necessary to provide such access.

Franchisor and its Affiliates may use any information contained in or obtained through the Electronic Systems, including Guest Personal Data.

Source: Item 23 — RECEIPTS (FDD pages 134–251)

What This Means (2025 FDD)

According to the 2025 Delta Hotels By Marriott Franchise Disclosure Document, the franchisee has specific obligations regarding access to the Electronic Systems. Delta Hotels By Marriott may access information contained within the Electronic Systems, and the franchisee is required to take all actions reasonably necessary to provide such access. Furthermore, Delta Hotels By Marriott and its affiliates are permitted to use any information obtained through these Electronic Systems, including Guest Personal Data. This ensures that Delta Hotels By Marriott can effectively manage and utilize the data collected through the Electronic Systems for various purposes, such as improving services or marketing efforts. The Electronic Systems include all Software, Hardware and all electronic access to Franchisor's systems and data (including telephone and internet access), licensed or made available to Franchisee relating to the System, including the Reservation System, the Property Management System, the Yield Management System and any other system established under Sections 7 and 10.

In addition to providing access to Delta Hotels By Marriott, the franchisee must also ensure that only authorized individuals have access to the Electronic Systems and that these systems are used only for their intended purpose. The franchisee is prohibited from copying, reverse engineering, modifying, or providing unauthorized access to the Electronic Systems or any of its components without the consent of Delta Hotels By Marriott and any applicable third-party vendor. Moreover, the franchisee must not attempt to bypass any measures implemented by Delta Hotels By Marriott to protect the Electronic Systems and intellectual property. This highlights the importance of maintaining the security and integrity of the Electronic Systems to protect sensitive data and intellectual property.

Delta Hotels By Marriott also has the right to audit or inspect the franchisee's facilities and systems related to the Electronic Systems. At Delta Hotels By Marriott's request, the franchisee must provide access to any facility or system from which the franchisee or its affiliates are accessing the Electronic Systems, including data, records, and the systems themselves. The franchisee is obligated to cooperate and provide any assistance reasonably required for such audits or inspections. This provision allows Delta Hotels By Marriott to ensure compliance with the terms of the franchise agreement and to verify the proper use and maintenance of the Electronic Systems. Any third-party vendor of Electronic Systems will have the right to enforce any end-user terms directly against Franchisee.

These obligations collectively ensure that Delta Hotels By Marriott maintains control over its Electronic Systems, protects its intellectual property, and can effectively manage data collected through the systems. For a prospective franchisee, understanding and adhering to these requirements is crucial for a successful and compliant operation. Failure to comply with these obligations could result in penalties or termination of the franchise agreement. Franchisee may be required to execute agreements with third-party vendors and comply with any privacy and security or other standards in order to obtain access to certain Electronic Systems.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.