Regarding Even Hotels, what specific services are provided by the Bank, and what services are explicitly excluded?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Services Provided by Bank. Bank only provides, and its obligations and liability are limited to, sponsorship, settlement, and related Bank services for certain Card transactions, which do not include Non-Bank Card transactions or Non-Bank Services. For avoidance of doubt, Bank is not a party to the Agreement with respect to, and does not have any responsibilities or liability with respect to, transactions that Processor sponsors and settles under the Agreement or Conveyed Transactions.
- (b) Non-Bank Services. Non-Bank Services are provided to you by Processor, not by Bank. Bank is not responsible for, and has no liability to you in any way with respect to, Non-Bank Services. The provisions of the Agreement regarding Discover Card transactions, American Express Card transactions, and other Non-Bank Services are an agreement solely between you and Processor. Non-Bank Services are subject to all terms and provisions of these Terms and Conditions. To the extent terms specific to a Non-Bank Service directly conflict with another provision of the Agreement, the terms specific to the Non-Bank Service will control with respect to such Non-Bank Service.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, the Bank's role is specifically defined in relation to card transactions. The Bank provides sponsorship, settlement, and related banking services, but only for certain card transactions. This explicitly excludes Non-Bank Card transactions and Non-Bank Services.
For clarity, the Bank is not a party to agreements concerning transactions that the Processor handles, sponsors, and settles, nor does it have any responsibilities or liability for these Conveyed Transactions. Non-Bank Services are the responsibility of the Processor, not the Bank, meaning the Bank bears no liability for these services. Agreements regarding Discover Card, American Express Card transactions, and other Non-Bank Services are solely between the franchisee and the Processor.
This delineation of responsibilities is crucial for an Even Hotels franchisee to understand. It clarifies that for certain payment processing aspects, particularly those involving Non-Bank Services, the franchisee will be dealing directly with the Processor and not the Bank. This understanding is important for managing relationships, resolving disputes, and ensuring compliance with the terms and conditions related to these services. Franchisees should carefully review their agreements with both the Bank and the Processor to fully grasp their respective roles and liabilities.