Best Rate Guarantee Terms and Conditions

These Terms and Conditions govern our Best Rate Guarantee Program. The Meritage Collection’s Best Rate Guarantee Program(“Program”) is offered by Pacific Hospitality Group Ventures, Inc. (“PHG”) on behalf of participating hotels, and these terms and conditions (“Terms and Conditions”) describe the Program. By filing a claim or otherwise seeking to take advantage of the Program, you agree to these Terms and Conditions. Employees of any PHG company or affiliate and employees at any Meritage Collection affiliated hotel are not eligible for the Program.

A.Under the Program (as further described below), if you book a hotel room at a PHG Meritage Collection branded hotel using the PHG direct channel (the Meritage Collection branded website: MeritageCollection.com), and within 24 hours of making your reservation you find a lower rate online (subject to the provisions described throughout these Terms and Conditions) for the same hotel room, number of guests, terms, and reservation dates, and submit a qualified Program claim form (available here), we will match the lower rate for the room rate for that hotel stay and give you a nonrefundable, nontransferable $25 resort credit for use during your stay, subject to the additional restrictions noted below. See details below.

B.PHG reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms and Conditions, and/or to add, modify, restrict, suspend, discontinue, or cancel the Program without notice or compensation. The Terms and Conditions that are in effect at the time of your booking will determine your eligibility under the Program. Interpretation of Program Terms and Conditions shall be at the sole discretion of PHG. PHG’s interpretation of Program Terms and Conditions shall be final.

C. Any dispute, controversy, or claim under or arising out of these Terms and Conditions or the offer of the Program, which dispute, controversy, or claim, remains unresolved after a period of 20 days following written notice by one party to the other, either party may submit such dispute, individually and without resort to class action, to be settled by arbitration to be administered and heard by the Judicial Arbitration and Mediation Service (“JAMS”) in Orange County, California. The arbitrator(s) shall prepare in writing and provide to the parties an award including factual findings and the reasons on which such decision is based. The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. Any judgment upon the award rendered by the arbitrator(s) may be entered in any court, state or Federal, having jurisdiction thereof. Any party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Any party also may, without waiving any remedy under this Program, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).

NOTICE: YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.

ACCORDINGLY, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION.

HOW IT WORKS

Go to our website—MeritageCollection.com—and book a stay at one of our Meritage Collection branded hotels or resorts. To be eligible for the Program, you must have a confirmed reservation made through the PHG direct channel:

Verify Rates. If, within 24 hours of making your reservation on the PHG direct channel, and it is more than 24 hours before the standard check-in time for the hotel where you made your reservation, you find a lower all-in price (base rate plus all taxes and fees) available on an eligible non-PHG third-party hotel booking website* for the same hotel or resort and for the same date or dates, length of stay, number of guests, room type, cancellation policy and refundability terms, send us a completed claim form (“Claim Form”) via email to BestRateClaim@meritagecollection.com. We will attempt to verify the lower rate by comparing the rate found on the PHG website with the rate found on the non-PHG website for the same hotel, same date or dates, length of stay, number of guests, room type, cancellation policy and refundability terms.

*For purposes of the Program, an “eligible non-PHG third-party hotel booking website” is a website other than MeritageCollection.com, which: (i) sells stays at one of our Meritage Collection hotels or resorts (listed below)directly to consumers, (ii) identifies the Meritage Collection hotel or resort by name prior to the purchase being completed, (iii) provides the consumer with a reservation confirmation when the consumer completes the reservation on that website, and (iv) does not require a membership or login. Eligible non-PHG third-party hotel booking websites include: Booking.com, Hotels.com, trivago, Tripadvisor, Expedia, Trip.com, KAYAK, Priceline, Agoda, Hotwire, FindHotel, Hurb, MOMONDO, Table Hotels by Michelin, Prestigia, eSky, Etrip, bravofly, Orbitz, CheapTickets, Travelocity, Ostrovok, Stayforlong, ZenHotels, Booketta, Traveluro.

File Your Claim. Within 24 hours of booking your reservation on a PHG direct channel, and at least 24 hours before the standard check-in time for the hotel where you booked your reservation, complete and submit the online Claim Form. Only one claim will be processed per hotel room reservation confirmation number. Your email to BestRateClaim@meritagecollection.com must specify the alternative you have identified and the applicable, eligible non-PHG third-party hotel booking website, as well as the Meritage Collection hotel or resort at which you have booked a stay through MeritageCollection.com, your confirmation number, your first and last name, and your phone number, and any other information required on the Claim Form. Partially completed Claim Forms or Claim Forms with inaccurate information will be disqualified and rejected.

  1. Here are the things we will verify when we process your claim. Please note that the Program applies only to rates found on eligible non-PHG third-party hotel booking websites that meet all the following criteria. Specifically, the non-PHG website rate must be:
    1. In the same currency as the rate, you booked through the PHG channel (MeritageCollection.com);
    2. Available to the general public – in other words, you are not required to sign up for any kind of membership or be part of any program, or login to a website, to obtain the rate;
    3. Available to book at the time of verification;
    4. Bookable only if you provide a form of payment to complete the booking (rates that do not require a form of payment are ineligible); and
    5. At least 1% lower than the current, lowest rate available on PHG Meritage Collection website. (This is to account for rounding in prices).

  2. Examples of rates that are INELIGIBLE for the Program include the following:
    1. Rates that are not available to the general public (such as negotiated rates, member or loyalty rates, group rates, and corporate rates);
    2. Rates that are not visible to, or bookable by, the general public without additional requirements such as residing in a particular geography, using a login with a username/password, using a specific credit card, using a discount code/coupon, or that require approval/verification via e-mail or phone after payment is submitted;
    3. Rates on websites that do not disclose the brand or hotel until the reservation is made;
    4. Rates on auction websites or that you book using a similar process;
    5. Package rates that include the room and other components such as transportation, car rental, entertainment, and/or non-breakfast meals;
    6. Rates on websites that allow confirmed reservations to be re-sold; and
    7. Rates on websites that do not provide immediate confirmation, that do not result in an actual hotel reservation, or that do not provide the ability to make a real-time reservation.
  3. We must receive your completed Claim Form via the designated email within 24 hours of you making your confirmed Meritage Collection reservation through the PHG direct channel: the Meritage Collection website (MeritageCollection.com).

Any modifications to your reservation after a Claim Form has been submitted or validated will automatically disqualify you from the benefits of the Program.

  1. Valid Claims. If we can verify your Program claim on a validly submitted Claim Form, we will adjust the rate on the reservation you booked through the PHG direct channel to the lower average nightly rate found on the eligible non-PHG third-party hotel booking website at the time of verification, and also provide you with a nonrefundable, nontransferable resort credit of $25 for use during your stay, subject to the additional restrictions noted below.
  2. Please note that you will still be responsible for all charges for your stay, including all taxes, gratuities, incidental fees and any other charges associated with your stay.
  3. Regardless of whether your claim qualifies for the Program, we will endeavor to contact you within 24 hours of receiving your completed Claim Form sent to the correct claim submission email address set forth above.

ADDITIONAL RESTRICTIONS, LIMITATIONS AND EXCLUSIONS

Your claim will not qualify for the Program if the eligible, non-PHG third-party hotel booking website rate identified in your claim is any of the following: (i) a rate agreed upon, at least in part, based on verbal or written communication with an eligible, non-PHG third-party hotel booking website, or any of its employees or agents, that exceeds the standard online reservation process available to and generally utilized by the public; (ii) a group, membership, or government rate; (iii) a booking for 10 or more rooms; or (v) a booking made by a travel agent or broker.

Limit: Only one (1) claim under the Program is allowed per stay booked through the PHG direct channel: MeritageCollection.com.

We reserve the right to cancel a previously approved Program claim if we find that the guest or customer has violated or circumvented these Terms and Conditions, and to reject any future claim under the Program from such persons.

PHG reserves the right to reject any Program claim, and to revoke any and all Program benefits provided for current or future hotel room reservations, for reasons that include (without limitation) any of the following:

  1. any violation of these Terms and Conditions;
  2. any misrepresentation, whether fraudulent or accidental, of any information submitted in a Claim Form, or any misuse of the Program;
  3. any violation of any national, regional, or local law or regulation in connection with the use of PHG or Meritage Collection websites;
  4. any transfer or resale of hotel room reservations;
  5. any modification or cancellation of a reservation once a claim for that reservation has been deemed valid;
  6. any commission of (or attempt to commit) fraud or abuse involving any portion of this Program;
  7. any disparagement or physical, verbal, or written abuse of PHG, the hotel, resort or their workers or personnel; or
  8. any action, in any other way, to the detriment of the Program; as may be determined by PHG in its sole discretion.
  • By filing a Claim Form or accepting the benefits of a claim that is validated under the Program, you agree to release, discharge, and hold harmless PHG, the hotel or resort owner, and their respective parent companies, and its and their affiliates, subsidiaries, managers, members, shareholders, directors, officers, agents, and employees from all claims or damages arising out of the pricing of your reservation and any use or misuse of the Program. This Release provision does not apply to residents of New Jersey or where expressly invalidated by law.

ADDITIONAL TERMS
If you have any questions, please call our Meritage Collection customer service line toll-free at 888-909-6260.

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