Lifetime Fairmont Platinum Status=Lifetime Free Nights In A Suite?

[MLM]

Just extended my certs until April

[Dan]

2016 Plat certs ($100 Dining/Spa, free night, 2 room upgrade, 2 suite upgrades) have posted!

Plus choose from 2 of the following:
-AUTHENTICALLY LOCAL FOOD EXPERIENCE FOR TWO
-$100 DINING/WILLOW STREAM SPA E-CERTIFICATE
-2 ROOM UPGRADE E-CERTIFICATES
-1 SUITE UPGRADE E-CERTIFICATE
-$50 FAIRMONT ELECTRONIC GIFT CARD

[mendy613]

Posted like clockwork.

I figure ill take the $100 + $50 of course

[12HRS]

Any Platinum members with expiring certs, I will gladly take them off your hand.

[Dan]

2017 Plat certs ($100 Dining/Spa, free night, 2 room upgrade, 2 suite upgrades) have posted!

Plus choose from 2 of the following:
-AUTHENTICALLY LOCAL FOOD EXPERIENCE FOR TWO
-$100 DINING/WILLOW STREAM SPA E-CERTIFICATE
-2 ROOM UPGRADE E-CERTIFICATES
-1 SUITE UPGRADE E-CERTIFICATE
-$50 FAIRMONT ELECTRONIC GIFT CARD

[Suz]

2017 Plat certs ($100 Dining/Spa, free night, 2 room upgrade, 2 suite upgrades) have posted!

Plus choose from 2 of the following:
-AUTHENTICALLY LOCAL FOOD EXPERIENCE FOR TWO
-$100 DINING/WILLOW STREAM SPA E-CERTIFICATE
-2 ROOM UPGRADE E-CERTIFICATES
-1 SUITE UPGRADE E-CERTIFICATE
-$50 FAIRMONT ELECTRONIC GIFT CARD

See you in the Pacific Rim spa again?

[Dan]

Going to EECB this to Fairmont/Accor.
Anyone have any further thoughts or suggestions?


To Whom It May Concern,

I write with respect to the Fairmont Lifetime Platinum Status offer, a copy of which can be found here: https://web.archive.org/web/20110225232804/http://escapes.livingsocial.com/deals/27594-exclusive-penthouse-package-for-four

It is my understanding that people who paid up to $10,000 in 2011 for Fairmont Lifetime Platinum status will retain Accor Platinum status, but will no longer receive the annual free night, confirmed room/suite upgrades, spa/dining certificates, or Platinum passion certificates after 2018.

As can be seen in the original deal terms (linked to above), the purchases "include(d) an automatic upgrade to The Fairmont President's Club Platinum Level membership, so you can enjoy presidential perks like room or suite upgrades and food-and-beverage certificates at The Fairmont for a lifetime."

The lifetime Platinum members invested a great deal of money based on the promise of those annual certificates for a lifetime.

Additionally, the official Fairmont representative to Flyertalk confirmed that, "the Fairmont San Francisco will honor every purchased LivingSocial package as it was marketed and sold" as posted here: https://www.flyertalk.com/forum/fairmont-fairmont-president-s-club/1187642-permanent-fpc-platinum-2000-a-4.html#post15933285

The USAToday also quotes Fairmont as saying the Living Social offer would be honored as it was marketed and sold, which specifically mentions the annual certificates lasting for a lifetime:
https://web.archive.org/web/20110302225426/http://travel.usatoday.com/hotels/post/2011/02/fairmont-hotel-san-francisco-living-social-lifetime-platinum-status/144791/1

The holders of lifetime Fairmont status, myself included, expect the sale to be honored as promised, and I write to secure official confirmation to that effect, namely that the holders of lifetime Fairmont Platinum status will receive for life the same benefits we have received from 2011-2017.

I hope that we can resolve this amicably without needing to involve legal counsel.

Looking forward to your prompt response.

This letter is written without prejudice to or waiver of my rights, claims, and remedies, all of which are expressly reserved.

Sincerely,
Daniel Eleff,
CEO, DansDeals.com

[Something Fishy]

No need to put them on the offensive by threatening legal action at this point. You could always do that later if the discussion deteriorates.

[eliteflyer]

No need to put them on the offensive by threatening legal action at this point. You could always do that later if the discussion deteriorates.

I agree. I would delete the sentence: "I hope that we can resolve this amicably without needing to involve legal counsel." Fine to leave in your last sentence reserving all rights.

I would also avoid referencing the $10,000 price paid unless you paid for such a package. It's not relevant to your particular claim or the promise of life-time status.

[AJK]

Gosh, this is sounding awfully familiar...

[Dan]

Updated version:

Subject: Removal of Fairmont Lifetime Platinum Certificates


To Whom It May Concern,

I write with respect to the Fairmont Lifetime Platinum Status offer, a copy of which can be found here: https://web.archive.org/web/20110225232804/http://escapes.livingsocial.com/deals/27594-exclusive-penthouse-package-for-four

It is my understanding that people who paid up to $10,000 in 2011 for Fairmont Lifetime Platinum status will retain lifetime Accor Platinum status, but will no longer receive the annual free night, confirmed room/suite upgrades, spa/dining certificates, or Platinum passion certificates after 2018.

These benefits are part of the package I purchased in 2011 and must continue to be provided under the contract. As can be seen in the original deal terms (linked to above), the purchases "include(d) an automatic upgrade to The Fairmont President's Club Platinum Level membership, so you can enjoy presidential perks like room or suite upgrades and food-and-beverage certificates at The Fairmont for a lifetime."

Fairmont has no right or ability to terminate the benefits specified in this contract. The lifetime Platinum members, including myself, invested a great deal of money based on the promise of those annual certificates for a lifetime. Lifetime is a clear contract term, I relied upon the lifetime term in purchasing the deal and expect Fairmont will honor its contractual obligations. I seek your immediate written confirmation that Fairmont will honor the lifetime Platinum status with the annual certificates as written in the original terms.

Additionally, this information about the removal of the annual certificates is inconsistent with prior Fairmont statements. Previously, the official Fairmont representative to Flyertalk confirmed that, "the Fairmont San Francisco will honor every purchased LivingSocial package as it was marketed and sold" as posted here: https://www.flyertalk.com/forum/fairmont-fairmont-president-s-club/1187642-permanent-fpc-platinum-2000-a-4.html#post15933285

The USAToday also quotes Fairmont as saying the Living Social offer would be honored as it was marketed and sold, which specifically mentions the annual certificates lasting for a lifetime:
https://web.archive.org/web/20110302225426/http://travel.usatoday.com/hotels/post/2011/02/fairmont-hotel-san-francisco-living-social-lifetime-platinum-status/144791/1

The holders of lifetime Fairmont status expect and demand the contract to be honored as promised and required, and I write to secure official confirmation to that effect, namely that the holders of lifetime Fairmont Platinum status, including myself, will receive for life the same benefits we have received from 2011-2017. Those benefits were part of the consideration in entering into the contract. Please confirm that Fairmont will continue to honor this contract.

Looking forward to your prompt response.

This letter is written without prejudice to or waiver of my rights, claims, and remedies, all of which are expressly reserved.

Sincerely,
Daniel Eleff,
CEO, DansDeals.com

[Ergel]

Gosh, this is sounding awfully familiar...

Indeed. And the man leading the charge is the one with >10% of the outstanding packages (for which he paid $0)

[Dan]

A. Not what he meant by that (He suggested removing the lawyers line)
B. Don't have more than 10%
C. Fairmont got paid the same from me as everyone else.

[eliteflyer]

Comments in your letter below:

Other general observations:
-Is your letter more appropriately directed to Living Social or perhaps to Living Social and Fairmont?
-Is your letter better addressed as an inquiry, rather than as a dispute with Farimont's purported policy? Has there been official confirmation yet from Fairmont yet regarding lifetime Plats?
-I would remove the bolding of text from your letter.
-Good luck!

Updated version:

Subject: Removal of Fairmont Lifetime Platinum Certificates


To Whom It May Concern,

I write with respect to the Fairmont Lifetime Platinum Status offer, a copy of which can be found here: https://web.archive.org/web/20110225232804/http://escapes.livingsocial.com/deals/27594-exclusive-penthouse-package-for-four

[The original LivingSocial offer only mentions:  "so you can enjoy presidential perks like room or suite upgrades and food-and-beverage certificates at The Fairmont for a lifetime." I see nothing on the original offer about the particular value of the food and beverage certificates or confirmed room and/or suite upgrades or annual free nights.]

It is my understanding that people who paid up to $10,000 in 2011 for Fairmont Lifetime Platinum status will retain lifetime Accor Platinum status, but will no longer receive the annual free night, confirmed room/suite upgrades, spa/dining certificates, or Platinum passion certificates after 2018.

Source?

These benefits are part of the package I purchased in 2011 and must continue to be provided under the contract. As can be seen in the original deal terms (linked to above), the purchases "include(d) an automatic upgrade to The Fairmont President's Club Platinum Level membership, so you can enjoy presidential perks like room or suite upgrades and food-and-beverage certificates at The Fairmont for a lifetime."

See comment above.

Fairmont has no right or ability to terminate the benefits specified in this contract. [Why not? Perhaps what you mean to say is that the termination of benefits is a breach of the contract?]The lifetime Platinum members, including myself, invested a great deal of money based on the promise of those annual certificates for a lifetime. Lifetime is a clear contract term [meaning your lifetime or the lifetime of the program? LivingSocial page only says "a" lifetime. Specify.], I relied upon the lifetime term in purchasing the deal and expect Fairmont will honor its contractual obligations. I seek your immediate written confirmation that Fairmont will honor the lifetime Platinum status with the annual certificates as written in the original terms. [See above, where are certificates, other than food and beverage certificates, mentioned in the "original terms"?]

Additionally, this information about the removal of the annual certificates is inconsistent with prior Fairmont statements. Previously, the official Fairmont representative to Flyertalk confirmed that, "the Fairmont San Francisco will honor every purchased LivingSocial package as it was marketed and sold" as posted here: https://www.flyertalk.com/forum/fairmont-fairmont-president-s-club/1187642-permanent-fpc-platinum-2000-a-4.html#post15933285
[The FT post, while relevant to the terms of the contract because it was made during the cooling-off-period when you could have theoretically returned your Living Social purchase,  mentions nothing about annual night certificates.]

The USAToday also quotes Fairmont as saying the Living Social offer would be honored as it was marketed and sold, which specifically mentions the annual certificates lasting for a lifetime:
https://web.archive.org/web/20110302225426/http://travel.usatoday.com/hotels/post/2011/02/fairmont-hotel-san-francisco-living-social-lifetime-platinum-status/144791/1

[The relevant point, if any, from the USAToday article as far as Farimont's contractual undertaking is concerned, is the quote from the Fairmont spokesperson (Which again mentions nothing regarding the annual free night  certificate), not what the article "mentions" quoting some bubbling blogger and George Papadopoulos (is that the former Trump campaign adviser).]

The holders of lifetime Fairmont status expect and demand the contract to be honored as promised and required, and I write to secure official confirmation to that effect, namely that the holders of lifetime Fairmont Platinum status, including myself, will receive for life the same benefits we have received from 2011-2017. Those benefits were part of the consideration in entering into the contract. Please confirm that Fairmont will continue to honor this contract.

Looking forward to your prompt response.

This letter is written without prejudice to or waiver of my rights, claims, and remedies, all of which are expressly reserved.

Sincerely,
Daniel Eleff,
CEO, DansDeals.com

[Dan]

Comments in your letter below:

Other general observations:
-Is your letter more appropriately directed to Living Social or perhaps to Living Social and Fairmont?
-Is your letter better addressed as an inquiry, rather than as a dispute with Farimont's purported policy? Has there been official confirmation yet from Fairmont yet regarding lifetime Plats?
-I would remove the bolding of text from your letter.
-Good luck!

The letter was sent already, though my guess is that it will take legal action to get anywhere.

-Accor's head of loyalty has said that their lawyers have told them they can't void the lifetime contracts, so they confirmed that they will give us lifetime plat.
-I could circle back to LS (now owned by groupon), but I'm not sure what they can do at this point. Perhaps they would be named in a potential lawsuit.
-Accor/Fairmont has confirmed that there won't be certs in the new program and that lifetime plats won't be getting any certs.
-The contract is unfortunately vague about the value of the certs, but it does specify that there are certs as part of the Plat status and now Accor is saying there won't be. Those certs have had the same values from the date of purchase through today,hence the request for them to continue as they have been annually.
-The FT/USAtoday shows that Fairmont agreed to honor the terms as marketed and sold. Namely with annual certs.

[SPGCont]

The letter was sent already, though my guess is that it will take legal action to get anywhere.

-Accor's head of loyalty has said that their lawyers have told them they can't void the lifetime contracts, so they confirmed that they will give us lifetime plat.
-I could circle back to LS (now owned by groupon), but I'm not sure what they can do at this point. Perhaps they would be named in a potential lawsuit.
-Accor/Fairmont has confirmed that there won't be certs in the new program and that lifetime plats won't be getting any certs.
-The contract is unfortunately vague about the value of the certs, but it does specify that there are certs as part of the Plat status and now Accor is saying there won't be. Those certs have had the same values from the date of purchase through today,hence the request for them to continue as they have been annually.
-The FT/USAtoday shows that Fairmont agreed to honor the terms as marketed and sold. Namely with annual certs.

Has there been any update on this?

Did you get a response to the letter?

Wondering if the free night cert we got back in Feb '17 about to expire will be our last ...

[Dan]

Has there been any update on this?

Did you get a response to the letter?

Wondering if the free night cert we got back in Feb '17 about to expire will be our last ...

They asked for more time on the letter.

They already said we'll get new ones in March.
Can also get another set of news ones in July if you make 2 paid stays this year.

[eliteflyer]

They already said we'll get new ones in March.
Can also get another set of news ones in July if you make 2 paid stays this year.

I bought certs from someone on DDF last July and apparently that was enough to upgrade my account to Platinum for 2017...and for 2018. I received the email confirming my Platinum status and stating the above.

[mendy613]

I bought certs from someone on DDF last July and apparently that was enough to upgrade my account to Platinum for 2017...and for 2018. I received the email confirming my Platinum status and stating the above.

They transferred the nights to your account and that gave you status?
Pretty wild

[eliteflyer]

They transferred the nights to your account and that gave you status?

Correct; I didn't realize it until my Platinum luggage tags showed up in the mail a couple of weeks after the transfer.