For Even Hotels, how is the 'Monthly Uptime Availability' calculated, and what is excluded from downtime calculations?
Even_Hotels 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"):
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' of the PMS (Property Management System) Solution is a key service level that HotelKey commits to achieving. This metric is calculated by starting with 100% and subtracting the percentage of minutes in a calendar month during which the PMS Solution is not accessible to the hotel. This calculation excludes specific periods of 'Excluded Downtime,' which are not counted against the uptime availability. If the Monthly Uptime Availability falls below 99.5%, the Even Hotels franchisee may be eligible for a service credit.
The 'Excluded Downtime' includes circumstances beyond HotelKey's or IHG's control, such as failures in the hotel's own technology, internet service provider issues, utility company problems, or force majeure events. It also covers scheduled maintenance and emergency maintenance performed to address security concerns related to the PMS Solution. Additionally, any downtime caused by the actions or inactions of the hotel, its users, or any third party is excluded from the uptime calculation.
For a prospective Even Hotels franchisee, understanding this calculation is crucial because it directly impacts potential service credits if the PMS Solution does not meet the uptime target. The exclusions protect HotelKey and IHG from being penalized for downtime caused by factors outside their control, which is a fairly standard practice in service level agreements. However, franchisees should carefully review these exclusions to understand their responsibilities in maintaining uptime, such as ensuring a stable internet connection and properly maintaining their own systems. Claim eligibility also requires the franchisee to be current on all payments to IHG and to submit any service credit claims in a timely manner.