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Terms & Conditions Terms & Conditions
WYNDHAM REWARDS® BUSINESS
Terms & Conditions
(Effective September 16, 2024)
ECHO SUITESsm EXTENDED STAY BY WYNDHAM HOTELS DO NOT PARTICIPATE IN THE WYNDHAM REWARDS PROGRAM
These Wyndham Rewards® Business Program Terms and Conditions (“Business Terms and Conditions”) govern all aspects of participation in Wyndham Rewards® Business (the "Wyndham Rewards Business Program" or the "Business Program") worldwide, effective as of the date set forth above, and supersede all prior versions of the Business Terms and Conditions as of such date. These Business Terms and Conditions address the structure of the Business Program and describe, in respect of each company that applies for enrollment in the Business Program (“Company” or “you,”), (i) the rights and obligations of such Company and Wyndham Rewards, Inc. ("Sponsor," "we," "us" and/or "our") and its successors and assigns; and (ii) how Company may earn and redeem points. Notwithstanding anything to the contrary contained herein, a Company will have no rights to earn or redeem points under the Business Program until such time as it has been approved for enrollment into the Business Program. These Business Terms and Conditions also contain a dispute resolution clause, including arbitration requirements (see Section 24 below). Capitalized terms used in this Business Terms and Conditions without definition will have the meanings ascribed to them in the Wyndham Rewards Terms & Conditions.
For the avoidance of doubt, Wyndham Rewards® Business accounts are not eligible to participate in promotions offered via the Wyndham Rewards Program.
These Business Terms and Conditions are applicable to Company’s participation in the Wyndham Rewards Business Program. Specific provisions of the Wyndham Rewards Terms & Conditions are incorporated into these Business Terms and Conditions by reference, including but not limited to certain defined terms in the Wyndham Rewards Terms and Conditions, and Company hereby agrees to those definitions and provisions of the Wyndham Rewards Terms and Conditions as referenced herein. If there is any conflict between the Wyndham Rewards Terms and Conditions and these Business Terms and Conditions, the provisions of these Business Terms and Conditions shall prevail with respect to the Company’s participation in the Business Program.
These Business Terms and Conditions constitute a binding legal agreement in electronic form between Company and Sponsor and its successors and assigns. Company and any individual who registers or manages the Company’s participation in the Business Program including, but not limited to, the Primary Administrator or Secondary Administrator (as each is hereinafter defined) represent and warrant that they have the requisite authority to bind the Company to these Business Terms and Conditions and, on behalf of Company, agree to be bound by these Business Terms and Conditions.
I. General Information
1. Program Sponsor
The Wyndham Rewards® Business Program is offered by Wyndham Rewards, Inc., an indirect subsidiary of Wyndham Hotels & Resorts, Inc., its successors and assigns.
2. Program Changes
Subject to applicable law, Sponsor may modify, alter, suspend, delete, or add new terms and conditions for its Business Program at any time without notice. The foregoing includes, without limitation, modifying, altering, adding, suspending or deleting point values, redemption levels and opportunities, conversion ratios, earning methods and ratios and/or the participation of earning participants or rewards participants at any time without notice (subject to applicable law). In addition, subject to applicable law, Wyndham Rewards may convert the Business Program and Company’s points into different awards programs having different point values at any time without notice. This means, that the number of points needed to reach a reward level may be increased, the time for earning points may be reduced, or the rewards may be changed, so you may not be able to obtain, earn or claim certain rewards no matter how long you participate in the Business Program.
3. Program Termination
Sponsor may terminate the Business Program at any time upon six months' notice, without further obligation to the Company. Regardless of the amount of time you participate in the Business Program, your right to accumulate additional Wyndham Rewards points or other Business Program currency and claim rewards under the Business Program may be terminated and all accrued Wyndham Rewards points in your account cancelled six months after termination of the Business Program is announced.
4. Eligibility
To be eligible for the Business Program, an entity must be incorporated or otherwise organized, registered and licensed to conduct business in the United States (including the District of Columbia but excluding U.S. territories and possessions), have a website and valid physical postal address (not a post office box) and phone number in the United States and meet certain minimum spend obligations with Wyndham Hotels and Resorts, LLC and/or its franchisees and/or its managed properties, which minimum spend obligations shall be established by Sponsor, and subject to modification by Sponsor, from time to time in its sole discretion. Initial membership and continued participation in the Business Program by Company must be approved by Sponsor. A Wyndham Rewards Business account provided to an approved Company will be referred to herein as a “Business Account.”
5. Enrollment Application
To apply for enrollment:
1. The Company must authorize and appoint an individual employee who is a resident of the United States (including the District of Columbia but excluding U.S. territories and possessions) and has reached the age of majority in such jurisdiction, to serve as the primary administrator of its Business Account (a Company’s “Primary Administrator”); and
2. Such Primary Administrator must complete and submit all sections of the Wyndham Business program enrollment form found here, which will require, without limitation, selecting enrollment into both the Wyndham Business program and Wyndham Rewards Business, and the provision of the following information:
- - Company’s legal name, website address, valid physical postal address (which may not be a post office box) and phone number;
- - Primary Administrator’s email address and telephone number with the Company;
- - Company’s estimated annual travel spend with Wyndham Hotels and Resorts, LLC and/or its franchisees and/or its managed properties;
- - the name and business email address of up to one (1) additional employee of Company to include on Company’s Business Account (any such additional employee of a Company, its “Secondary Administrator”); and
- - In order to avoid the creation of duplicate accounts for Company, provide:
- 1. a unique entity name, i.e., not shared with an existing Business Account;
- 2. a unique email address, i.e., not shared with an existing Wyndham Rewards member account or Business Account; and
- 3. a phone number that is not shared with any existing Business Account.
6. Your Business Account Administration
By authorizing and appointing a Primary Administrator and applying for a Business Account, Company is requesting that Sponsor provide the Primary Administrator and Secondary Administrator (if any) with access to all reservation and stay data booked in connection with Company’s corporate code, and is agreeing to be liable for all charges associated with its corporate code and/or Business Account. A Company may not maintain more than one Business Account or share its Business Account with any other entity or individual, and a Company’s Primary Administrator and Secondary Administrator may not be associated with more than one Business Account.
Sponsor will assign the approved Company a Business Program member number and corporate code and provide both to Company’s Primary Administrator by email. Company is solely responsible for the acts and omissions of its Primary Administrator and Secondary Administrator with respect to its Business Account, and Sponsor shall have no liability for any use or misuse of the Business Account by these or other individuals, whether authorized by Company or not.
Company agrees that Sponsor will communicate with the Primary Administrator and/or Secondary Administrator regarding the Business Account, including, without limitation, about transactions, redemptions, and promotional opportunities. It is Company’s responsibility to transition the Primary Administrator or Secondary Administrator responsibilities as needed. If Company must change its designated Primary Administrator or Secondary Administrator, an authorized representative of the Company must contact Member Services at 1-800-316-6044.
7. Points
Under the Business Program, Companies can earn Wyndham Rewards points through "Business Qualified Stays" (as defined below) at Participating Hotels.
8. Business Qualified Stay
A "Business Qualified Stay" occurs when: (A) an authorized employee of the Company, or any other individual authorized by Company to use Company’s corporate code, stays one or more consecutive nights at the same Participating Hotel, which number of nights satisfies the applicable Participating Hotel’s minimum length of stay requirements (if any); (B) the nightly rate(s) for such person’s accommodations, over the course of such stay, added together (but excluding taxes, surcharges and any other charges or fees for all Hotel Chains other than Dolce Hotels and Resorts, Wyndham Grand, Wyndham Hotels and Resorts, and Wyndham Garden, where taxes, surcharges and any other charges or fees are included), total at least US $25.00 (the "Minimum Total Rate"); (C) the corporate code assigned to a Company’s Business Account is included on such person’s reservation at time of booking; (D) in the case of Participating Hotels, the stay is booked via www.wyndhamhotels.com/wyndham-rewards, www.wyndhamhotels.com, the Wyndham Hotels & Resorts App, the applicable Member Services telephone number provided here or the official brand website of the applicable participating Hotel Chain, the official (800) number of the applicable Hotel Chain as listed on such site, or on site at the applicable Participating Hotel. Notwithstanding anything to the contrary contained in this Section 8, certain travel-agency booked stays at Participating Hotels may also be Business Qualified Stays if: (i) they satisfy the criteria set forth in clauses (A) through (C) of the foregoing sentence; and (ii) the travel agency: (a) is not an online booking platform such as booking.com or Expedia; (b) books using a global distribution system; and (c) does not receive a commission in connection with the booking. A day on which a person checks out and checks back in to the same Participating Hotel will count as a single stay for purposes of calculating points earning hereunder.
9. Stays that are not Business Qualified Stays
Notwithstanding anything to the contrary contained in these Business Terms and Conditions, if the rate for any night at a Participating Hotel falls into any of the following categories or is obtained by any of the following methods (as applicable), such night will not be deemed a Business Qualified Stay:
- Contract (e.g., Airline Crew): rates offered by properties at their discretion to companies that guarantee payment for a group of room nights over an extended time period, regardless of whether or not such rooms are actually used;
- All third-party website or on-line bookings (i.e., all website and on-line bookings made on websites, apps or digital platforms, as well as any bookings made by telephone with any such third-party, in each case, other than those described in Section I(8) above) irrespective of the rate paid or whether the brand affiliation of the Participating Property is known at the time of booking. For the avoidance of doubt, and without limitation, all bookings made on websites such as priceline.com, hotwire.com, booking.com, orbitz.com, travelocity.com, expedia.com, ticketsatwork.com, plumbenefits.com, workingadvantage.com, and memberdeals.com (and all bookings otherwise made through any such third party).
- Wholesale Allotment: contracted rates offered by Participating Hotels to wholesale companies or tour operators;
- Wholesale Discount: contracted rates offered by Wyndham Hotels & Resorts to wholesale companies or tour operators;
- Commission-earning: stays for which a commission is paid to (a) the travel agent; (b) the Company; or (c) any other;
- No-show: a reservation for a stay that, if completed, would be deemed a Business Qualified Stay capable of earning points pursuant to these Terms and Conditions, however the guest is a no-show;
- Non-Revenue Generating (for example and without limitation, complimentary room nights (sometimes referred to as Free Nights in advertising and the Wyndham Rewards Terms and Conditions), even in cases where resort fees, food and beverage, supplemental room occupancy fees for additional guests and/or other incidental fees are charged; and
- Discounted nights obtained using a combination of Wyndham Rewards points and cash (sometimes referred to as Discounted Nights with Points + Cash in advertising and the Wyndham Rewards Terms & Conditions).
Stays that are not Business Qualified Stays will not qualify for Wyndham Rewards points.
10. Point Expiration, Cancellation and Business Program account Inactivity
Except as may otherwise be required under applicable law, Wyndham Rewards points expire four (4) years after the checkout date of the stay for which the applicable points are posted to the Business Account (the “Four Year Rule”), unless the points are forfeited or cancelled earlier due to Business Account inactivity (as more particularly described below), or otherwise in accordance with these Business Terms and Conditions. All accrued points in a Business Account may be cancelled or forfeited if the Business Account has no Account Activity (as defined below) for a period of approximately, but never less than, eighteen (18) consecutive months. For purposes of these Business Terms and Conditions, "Business Account Activity" means any (i) point earning, (ii) stay posted to a Business Program account, regardless of whether or not such stay earns Wyndham Rewards points, and (iii) redemption or transfer activity involving a change in the Business Account point balance, in each case, conducted in accordance with these Business Terms and Conditions.
11. Business Account Termination
A Business Account may be terminated by Sponsor if Company has had no Business Account Activity (as defined in Section 10 above) for a period of sixty (60) consecutive months. Except as may otherwise be required under applicable law, all Wyndham Rewards points remaining in a Business Account at the time of such termination will be deemed forfeited.
12. Point Transfer
Wyndham Rewards points in a Business Account do not constitute property of the Company, Primary Administrator or Secondary Administrator, have no cash value, and cannot (except as may otherwise be explicitly authorized in these Business Terms and Conditions), be sold or bartered by Company, Primary Administrator, Secondary Administrator or any other party (other than Sponsor or its authorized agents) during or after the Business Account life, by operation of law or otherwise. Primary Administrator and Secondary Administrators can transfer points from their Company’s Business Account to a Wyndham Rewards Member account by calling Member Services at 1-800-316-6044 and providing the Member’s name and Wyndham Rewards Member number.
13. Point Balance
Sponsor, at its option, may send to Primary Administrators and/or Secondary Administrator periodic statements by mail or electronically. Primary Administrators and Secondary Administrators may access their Company’s Business Account balance and earning history at any time online or by calling Wyndham Rewards Member Services at 1-800-316-6044. Wyndham Rewards Member Services will be closed on certain United States holidays including, without limitation: Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (1st Monday in September), Thanksgiving (4th Thursday in November), Christmas (December 25) and New Year's Day (January 1).
14. Fraud
Fraud or abuse of the Business Program, Sponsor, Sponsor representatives, or staff or guests or theft and/or damage at any Participating Property or Redemption Only Destination by Company, any guest whose reservation is associated with the Company’s Business Account (a “Company Guest”), Primary Administrator, Secondary Administrator or any other individual associated with a Business Account is subject to administrative or other enforcement action by the Sponsor including, but not limited to termination of a Company’s Business Account, forfeiture of all accrued Wyndham Rewards points, and/or cancellation of any previously issued rewards. Without limiting the foregoing, Sponsor may terminate or suspend a Company’s Business Account, including, but not limited to cancelling points in its account, if the Company and/or a Company Guest and/or the Company’s Primary Administrator and/or Secondary Administrator (a) fails to pay the bill of any hotel or other property or travel supplier participating in the Business Program, or any other Earning Participant or Rewards Participant; and/or (b) transfers, sells, barters, commercially distributes or otherwise uses any Wyndham Rewards points, Free Night, Discounted Night with Points + Cash or any other reward or item received in exchange for the redemption of Wyndham Rewards points, in violation of these Business Terms and Conditions, or otherwise uses any of the foregoing for improper purposes, in each case, as determined by Sponsor in its sole and absolute discretion.
15. No Representations or Warranties
SUBJECT TO APPLICABLE LAW, SPONSOR AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR COLLATERAL, REGARDING ANY PRODUCT(S) OR SERVICE(S) PROVIDED BY SPONSOR OR ANY EARNING PARTICIPANT OR REWARDS PARTICIPANT OR ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF QUALITY, DURABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ACCURACY. SPONSOR AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES AND CONDITIONS OF QUALITY, DURABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ACCURACY WITH RESPECT TO SUCH PRODUCTS AND SERVICES. To the extent permitted by law, Sponsor and its affiliates will not be responsible for performance of, or failure to perform by, Sponsor or any Earning Participant or Rewards Participant or any other party, or for any costs, damages, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the delivery, receipt, use and/or misuse of, or any defect or failure in, any products or services of any Earning Participant or Rewards Participant or any other party.
16. Sponsor Not Responsible for Tax
Wyndham Rewards points and rewards earned through the Business Program may be subject to tax, which is the sole responsibility of the Company (or Company Guest, Primary Administrator and/or Secondary Administrator, as applicable) and will not qualify to earn additional Wyndham Rewards points.
17. Program Participation – Where Void
Participation in the Business Program and/or the awarding and redemption of Wyndham Rewards points is void where prohibited by law.
18. Name & Address Changes
Company, via its Primary Administrator is solely responsible for communicating name and address change information for Company to the Business Program via the Wyndham Rewards website or by calling Wyndham Rewards Member Services at 1-800-316-6044.
19. Website Terms of Use
Use of the Business Program website is subject to the Terms of Use found in the footer of all pages on wyndhamrewards.com. Without limiting such Terms of Use, (a) no warranties are made as to the content of the website or that the functioning of the website will be uninterrupted or error free; and (b) use of the website is at the Company’s own risk.
20. Point Removal
In the event that any Wyndham Rewards points are erroneously posted to a Business Program account, Sponsor may have them removed from such account without notice.
21. Privacy Notice
Sponsor maintains its own privacy notice which is applicable to Company's participation in the Business Program, and which Sponsor may update from time to time (the "Privacy Notice"). The current version of the Privacy Notice can be found in the footer of all pages on wyndhamrewards.com, or can be obtained by sending a written request to the following address:
Wyndham Hotel Group
22 Sylvan Way
Parsippany, NJ 07054, USA
Attn: Legal Privacy
22. Membership Database
The personal information provided in connection with the Business Program is maintained in a database (the "Membership Database") that is owned and/or controlled by Wyndham Rewards, Inc., a wholly owned subsidiary of Wyndham Hotels & Resorts, LLC, located in the United States. The Membership Database is hosted and maintained by Phaedon, Inc. Please see our Privacy Notice for information about the ways we collect, process, use and share personal information. By joining the Business Program, you represent that an authorized officer of Company has read the Privacy Notice and that Company agrees to the collection, processing, disclosure and transfer of personal information as described in our Privacy Notice, as well as the transfer of personal information to the United States for the purpose of enrolling in and administering the Business Program.
You may unsubscribe from receiving Wyndham Rewards communications at any time by following the process described in our Privacy Notice, or by:
- Logging in to your Business Account profile and updating your preferences; or
- Calling 1-866-996-7937 during the hours listed immediately below and speaking with a Wyndham Rewards member service agent.
Monday - Friday, 9 a.m. to 11 p.m., ET
Saturday and Sunday, 9 a.m. to 6 p.m., ET
General Contact Information:
Wyndham Hotel Group
22 Sylvan Way
Parsippany, New Jersey 07054, USA
Attn: Legal Privacy
privacy@wyndham.com
23. Notice
Any notice required or permitted under these Business Terms and Conditions shall be immediately effective upon posting them on wyndhamrewards.com or any successor website for the Business Program.
24. DISPUTE RESOLUTION, ARBITRATION, PROHIBITION OF CLASS ACTIONS, GOVERNING LAW & LIMITATION OF LIABILITY
This section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act, and Company and Sponsor each agree that this section is intended to satisfy the "writing" requirement of the Federal Arbitration Act.
THE FOLLOWING TERMS TO WHICH COMPANY IS CONSENTING CONSIST OF A PRE-DISPUTE RESOLUTION PROCESS, BINDING ARBITRATION PROVISION, AND A CLASS-ACTION AND JURY TRIAL WAIVER.
To the fullest extent permitted by law, by using the BUSINESS PROGRAM, COMPANY and SPONSOR agree that if a dispute arises between COMPANY and the SPONSOR, SPONSOR’S PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND/OR AGENTS (SPONSOR, COLLECTIVELY WITH SUCH OTHER ENTITIES AND INDIVIDUALS, THE “SPONSOR PARTIES”) relating in any way to the BUSINESS PROGRAM or COMPANY’S use thereof, including common law or statutory claims, the dispute will be resolved in accordance with the provisions set forth in this section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS COMPANY’S RIGHTS AND WILL IMPACT HOW CLAIMS COMPANY AND SPONSOR HAVE AGAINST EACH OTHER ARE RESOLVED. Company and Sponsor agree that any and all disputes or claims that have arisen or may arise between Company and Sponsor or any of the other SPONSOR PARTIES in connection with the Business Program, including any products or services offered or sold in connection with the Business Program and Company’s use of the Business Program, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. COMPANY IS GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
PRE-ARBITRATION DISPUTE RESOLUTION: Company and Sponsor agree that whenever Company or Sponsor have a disagreement (“Dispute”) with the other arising out of, connected to, or in any way related to the Business Program that is subject to the arbitration provision herein, Company and Sponsor will first send a written notice to the other party (a “Demand”). Company and Sponsor agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before Company accepted these Business Terms and Conditions. Company must send the Demand to the following address (the “Notice Address”): Wyndham Rewards, Inc., Attn: Legal Department, 22 Sylvan Way, Parsippany, New Jersey, 07054. Sponsor must send the Demand to Company via certified mail to the most recent address Sponsor has on file for Company (or by email if Sponsor only has an email address for Company on file). A Demand (1) shall seek to resolve a Dispute only on an individual basis (i.e., between Company and the applicable SPONSOR PARTY/IES); (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the authorized representative of the claimant (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both Company and Sponsor will personally attend (with counsel, if represented). Company and Sponsor agree that Company and Sponsor will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve Disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.
ARBITRATION PROCEDURE: If the Dispute stated in the Demand is not resolved to Company’s or Sponsor’s satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and Company intends on taking legal action, Company agrees that Company will file a demand for arbitration with JAMS. The arbitration will be conducted under JAMS’s Comprehensive Rules & Procedures, as modified by this Agreement to Arbitrate. The JAMS's rules and a form for initiating arbitration proceedings are available on the JAMS's website at: https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Business Terms and Conditions, including, but not limited to, any claim that all or any part of these Business Terms and Conditions is void or voidable, except that a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if the Pre-Arbitration Dispute Resolution requirements set forth above have not been met.
The arbitration shall be held in the county in which Sponsor has a primary place of business or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either Company or Sponsor may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law.
CLASS ACTION WAIVER: Company and Sponsor agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both Company and Sponsor agree otherwise, the arbitrator may not consolidate or join more than one party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect any other person or party. Company and Sponsor further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between Company and Sponsor in any forum. COMPANY IS GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by JAMS's rules.
Governing Law. Except as otherwise prescribed herein, and subject to applicable law, these Business Terms and Conditions shall in all respects be construed, interpreted, and enforced in accordance with the substantive laws of the State of New Jersey, without regard to its conflicts or choice of law principles. Company and Sponsor agree that the Business Program involves interstate commerce so as to ensure the applicability of the Federal Arbitration Act (“FAA”). In the event of a conflict between New Jersey law and the FAA, the FAA shall govern. If any portion of these Terms and Conditions are deemed invalid or unenforceable, the remainder of these Business Terms and Conditions shall remain in force.
Limitation of Liability. COMPANY EXPRESSLY AGREES THAT IN NO EVENT SHALL SPONSOR, ITS PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES, AND THE PREDECESSORS, SUCCESSORS, AGENTS AND/OR ASSIGNS OF EACH OF THEM BE LIABLE TO ANY MEMBER OR MEMBERS FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, AGGRAVATED, OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH THE BUSINESS PROGRAM, INCLUDING, WITHOUT LIMITATION, ITS TERMS AND CONDITIONS, REGARDLESS OF WHETHER OR NOT THE POSSIBILITY OF ANY SUCH DAMAGES HAS BEEN DISCLOSED TO ANY OF THE FOREGOING ENTITIES OR INDIVIDUALS, OR COULD HAVE BEEN REASONABLY FORESEEN BY ANY OF THEM. MEMBER EXPRESSLY WAIVES ANY RIGHT TO SEEK RELIEF IN EXCESS OF THE LIMITATION OF LIABILITY SPECIFIED IN THIS PARAGRAPH.
II. Earning
A. Earning Generally
- Business Accounts can earn Wyndham Rewards points through Business Qualified Stays at Participating Hotels (as defined in Section I(6) of the Wyndham Rewards Terms & Conditions).
- Wyndham Rewards points will usually be posted to a Business Account within six to eight weeks after the activity through which they were earned.
- If a Company believes that the proper number of Wyndham Rewards points has not been posted to a Business Program account, the Primary Administrator must visit the Wyndham Rewards website or call Wyndham Rewards Member Services at 1-800-316-6044 within 12 months of the earning activity to request an adjustment. In connection with any such request, the Primary Administrator may be required to provide the applicable Member’s number, dates of applicable stay, name and address of the property at which the stay took place, and a copy of the bill.
B. Earning for Business Qualified Stays at Participating Hotels
- To earn Wyndham Rewards points pursuant to these Business Terms and Conditions, a Member must be a registered guest at a Participating Hotel, complete a Business Qualified Stay (see Section I(8) above) at such hotel, and meet the other conditions of this Subsection (B). If a property ceases to be a Participating Hotel after a Member books his/her reservation, the stay will not qualify for the accrual of Wyndham Rewards points.
- A Company is eligible to earn Wyndham Rewards points for Business Qualified Stays at Participating Hotels pursuant to these Business Terms and Conditions for up to nine (9) rooms per Participating Hotel, per night.
- Companies are eligible to receive Wyndham Rewards points for Business Qualified Stays at a Participating Hotel as set forth below.
Brand |
Earning Ratio |
AmericInn Baymont Inns and Suites Days Inn Dazzler Esplendor Hawthorn Suites by Wyndham Howard Johnson La Quinta Microtel Inn & Suites by Wyndham Ramada Registry Collection Super 8** Trademark Travelodge TRYP by Wyndham** Vienna House by Wyndham Wingate by Wyndham Wyndham Alltra |
1 point per $1 USD on room rate paid to Participating Hotel* |
Applicable Dolce Hotels and Resorts, Wyndham Grand, Wyndham Hotels and Resorts (including, without limitation, Viva Wyndham properties), and Wyndham Garden properties |
1 point per $1 USD on total folio paid to Participating Hotel |
*Earning ratios based on paid room rate only and do not include costs associated with taxes, food, beverage, telephone, other incidental expenses and/or resort fees incurred during the applicable stay.
PLEASE NOTE: Business Program accounts cannot earn Wyndham Rewards points for stays at ECHO SuitesSM Extended Stay by Wyndham hotels.
III. Redeeming
A. Redeeming Generally
Primary Administrators and Secondary Administrators can redeem Wyndham Rewards points on behalf of Company in accordance with Section III of the Wyndham Rewards Terms and Conditions. Without limiting any term or condition of these Business Terms and Conditions, Sponsor is not responsible for any use or misuse of Wyndham Rewards points deposited into a Company’s Business Program account, whether by a Primary Administrator, Secondary Administrator or otherwise.
IV. Member Level Gifting
A. Member Level Gifting Generally
Upon enrollment into the Business Program, a Company, via its Primary Administrator and/or Secondary Administrator, can gift Gold Member Level membership to three (3) Members per calendar year in which the Company’s Business Program account remains open and in good standing. Once a Member has been gifted Gold Member Level membership, that Member will retain such Member Level through December 31 of the year in which it was gifted unless the Member obtains the next Subsequent Level (as defined in Section IV of the Wyndham Rewards Terms & Conditions) in accordance with such terms and conditions. A Primary Administrator or Secondary Administrator must contact Member Services at 1-800-316-6044 to gift Gold Member Level membership to a Member in accordance with these Business Terms & Conditions.
Without limiting any other provision of these Business Terms and Conditions, Sponsor reserves the right to discontinue the gifting benefit described above, and/or the Member Level of any Company, Primary Administrator, Secondary Administrator or Member who acts in a manner inconsistent with applicable laws, rules, regulations, or these Business Terms and Conditions.