(f) If COMPANY cancels the hotel agreement, COMPANY shall be charged a cancellation fee calculated as set forth above, based on the date of cancellation:
More than 180 days prior to meeting
0% of Total Cancellation Fee
179- 90 days prior to meeting
25% of Total Cancellation Fee
89- 30 days prior to meeting
50% of Total Cancellation Fee
within 29 days of meeting
100% of Total Cancellation Fee
(g) COMPANY shall not be required to pay any cancellation fees until after the meeting date and upon receipt of an occupancy pick-up report confirming that the rooms remained unoccupied. Cancellation fees shall be due and payable within 60 days of COMPANY’s receipt of an undisputed invoice.
(h) All deposit monies received by HOTEL from COMPANY shall be applied toward the cancellation fee in the event of cancellation.
(i) If COMPANY cancels the hotel agreement, 100% of the cancellation fees may be applied to rebooking a similar or higher valued meeting for COMPANY or its affiliates that is contracted and held within 12 months of the cancelled meeting dates.
(j) Upon COMPANY’s request, HOTEL will furnish COMPANY with a copy of its relevant occupancy reports to show the guestrooms that were sold in a manner that complies with HOTEL’s confidentiality requirements to third parties.
(k) HOTEL cannot cancel for any reason other than a Force Majeure Event (as defined below) in accordance with this Addendum.
ARTICLE 8. CUTOFF DATE
(a) HOTEL agrees that the reservation cut off date (rooming list) shall not be due until 5p.m. of the 14th day prior to major arrivals. All contracted sleeping room reservations are guaranteed for late arrival and shall not be cancelled, downgraded or released back to HOTEL without COMPANY’s written consent.
(b) HOTEL agrees to notify COMPANY in writing or by email before releasing any guestrooms from its room block (even if the rooming list is not provided by the date outlined in the hotel agreement). If HOTEL and COMPANY agree to an extended rooming list due date then HOTEL may release all remaining rooms for general sale after this extended due date has passed after notifying COMPANY in writing or by email.
(c) If COMPANY requires a guestroom/suite after the cutoff date and HOTEL has available accommodation, HOTEL shall give COMPANY preferential treatment to receive the accommodation over any other individual, group, or organization at the contracted group rate.
(d) HOTEL agrees that COMPANY has the right to make name changes to confirmed guestrooms and to extend the contracted group rate hereunder to any of the group’s attendees who arrive up to three (3) days prior to or depart up to three (3) days after the contracted meeting dates pending availability.
ARTICLE 9. OVERBOOKING
HOTEL shall not “walk” or “relocate” any attendee, staff member or other individual associated with the function/meeting to an alternate hotel. If HOTEL has to “walk” or “relocate” an attendee, staff member or other individual associated with this meeting, HOTEL shall provide such individual with: (a) accommodations at a comparable hotel reasonably nearby at no charge for the first night; (b) one complimentary round trip ground transportation between HOTEL’s facility and the alternate hotel for each day the individual is displaced; (c) one 5 minute phone call and necessary arrangements for forwarding of the displaced individual’s telephone messages and mail; (d) an offer to relocate the displaced individual back to the first available guest room; and (e) upgraded accommodations at HOTEL’s facility upon return (if available). HOTEL shall, if elected by COMPANY in lieu of any remedies that COMPANY may have available at law or equity, apply a credit equal to two and one-half percent (2.5%) of the total estimated revenue of COMPANY’S function/meeting for each attendee, staff member or other individual associated with this meeting who is “walked” or “relocated” to an alternate hotel; provided that: (i) this credit shall not exceed ten percent (10%) of the total value of the function/meeting. COMPANY will receive credit for all displaced guests in regards to counting pickup for purposes of the hotel agreement.