What are some examples of 'Excluded Downtime' that would not count against the 'Monthly Uptime Availability' for Even Hotels?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
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"):
x 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);
x 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;
x 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);
x Any scheduled maintenance related to the PMS Solution;
x Any emergency maintenance related to the PMS Solution performed for the purposes of addressing any security matter; or
x Any actions or inactions of Hotel (or any of Hotel's users) or any third party.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, the 'Monthly Uptime Availability' service level for the PMS (Property Management System) Solution has specific exclusions. These 'Excluded Downtime' events do not count against the uptime calculation, meaning Even Hotels is not penalized for these outages.
The FDD lists several instances that qualify as 'Excluded Downtime'. These include issues stemming from the hotel's own technology, such as its platforms, software, equipment, or systems (excluding the PMS Solution itself). Failures of the hotel's internet service provider, utility companies, or other contractors used to access the PMS Solution also fall under this exclusion.
Additionally, events outside the control of HotelKey or IHG, such as force majeure events, scheduled maintenance of the PMS Solution, and emergency maintenance for security purposes, are considered 'Excluded Downtime'. Finally, any actions or inactions of the hotel, its users, or any third party can also be classified as 'Excluded Downtime'. This means that Even Hotels as a franchisee would not be eligible for service credits related to PMS downtime caused by these explicitly listed factors.