16. Dispute resolution by binding arbitration if residing in the U.S.A.
PLEASE READ THIS “DISPUTE RESOLUTION BY BINDING ARBITRATION” PROVISION VERY CAREFULLY. IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND CITIZENM, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW.
16.1. Scope of arbitration provision
You and citizenM agree that any and all past, present and future dispute, claims or causes of action arising out of or relating to these terms and conditions or your use of or purchase of the Plus benefits, whether arising prior to or after you agreed to these terms and conditions (collectively, “Dispute(s)”), shall be determined by arbitration, unless you opt out as provided in section 16.4 below or your Dispute is subject to an exception to this agreement to arbitrate set forth in section 16.8. You and citizenM further agree that any arbitration pursuant to this section shall not proceed as a class, group or representative action. This section 16 “Dispute resolution by binding arbitration if residing in the U.S.A.” shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these terms and conditions.
16.2. Informal dispute resolution
citizenM wants to address your concerns without the need for a formal legal dispute. Before filing a claim against citizenM, you agree to try to resolve the Dispute informally by contacting support@citizenm.com
Similarly, citizenM will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a Dispute is not resolved within thirty (30) days after the email noting the Dispute is sent, you or citizenM may initiate an arbitration proceeding as described below.
16.3. We both agree to arbitrate
By agreeing to these terms and conditions, you and citizenM each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under “Exceptions to agreement to arbitrate” below.
16.4. Opt-out of agreement to arbitrate
If you do not wish to be subject to this arbitration agreement, you may opt out of this arbitration provision by sending a written notice tosupport@citizenm.com within thirty (30) days of first accepting these terms and conditions. You must date the written notice, and include your first and last name, address, and a clear statement that you do not wish to resolve disputes with citizenM through arbitration. If no written notice is submitted by the 30-day deadline, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to the exceptions set forth in section 16.8 below. By opting out of the agreement to arbitrate, you will not be precluded from purchasing or using the Plus benefits or entering into these terms and conditions, but you and citizenM will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
16.5. Arbitration procedure and Fees
16.5.1. You and citizenM agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought (“AAA Rules”). Those rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator(s) shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Notwithstanding any language to the contrary in this section 16.5.1, if a party seeks injunctive relief that would significantly impact other Plus purchasers as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.
16.5.2. You and citizenM further agree that the arbitration will be held in the metropolitan area closest to your place of residence, or if the parties so elect, all proceedings can be conducted via videoconference, telephonically or via other remote electronic means. In either case, citizenM may elect to appear electronically. If citizenM elects arbitration, citizenM shall pay all of the AAA filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the AAA Rules, or in accordance with countervailing law if contrary to the AAA Rules. However, if the value of the relief sought is $10,000 or less, at your request, citizenM will pay all filing, administration, and arbitrator fees associated with the arbitration, unless the arbitrator(s) finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In such circumstances, fees will be determined in accordance with the AAA Rules. Each party shall bear the expense of its own attorneys' fees, except as otherwise required by law.
16.6. Arbitration shall proceed individually
You and citizenM agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor citizenM may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing, a claim to resolve any Dispute against citizenM will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
16.7. Class action and collective arbitration waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR CITIZENM SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHALLENGE TO THE VALIDITY OF THIS SECTION SHALL BE DETERMINED EXCLUSIVELY BY THE ARBITRATOR.
16.8. Exceptions to agreement to arbitrate
Notwithstanding your and citizenM’s agreement to arbitrate Disputes, you and citizenM retain the right (A) to bring an individual action in small claims court; and (B) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
16.9. Survival and severability of this arbitration provision
This section 16 “Dispute resolution by arbitration if residing in the U.S.A.” shall survive the termination or expiration of these terms and conditions. With the exception of section 16.7 “Class action and collective arbitration waiver,” if a court or arbitrator decides that any part of this section 16 is invalid or unenforceable, then the remaining portions of this section 16 shall nevertheless remain valid and in force. In the event that a court or arbitrator finds that all or any portion of section 16.7 “Class action and collective arbitration waiver” to be invalid or unenforceable, then the entirety of this section 16 “Dispute resolution by arbitration if residing in the U.S.A.” shall be deemed void and any remaining Dispute must be litigated in court pursuant to section 16.
17. Governing law and judicial forum if residing in the U.S.A.
If you are residing in the U.S.A., except as otherwise required by applicable law or provided in section 17, in the event that the agreement to arbitrate is found not to apply to you or your Dispute, you and citizenM agree that any judicial proceeding must be brought in a court of competent jurisdiction in New York, U.S. Both you and citizenM consent to venue and personal jurisdiction there. Except to the extent inconsistent with or preempted by the laws of the jurisdiction in which you reside, New York law, without regard to the principles of conflict or choice of laws, will govern these terms and conditions and any Disputes.
18. Terms for members who have linked their mycitizenM+ account with Marriott Bonvoy
Following the integration of citizenM into Marriott International, all citizenM properties will become available for booking on Marriott’s digital platforms, including Marriott.com and the Marriott Bonvoy® mobile app.
As part of the mycitizenM+ subscription, members are eligible for a status match to Marriott Bonvoy Gold Elite. This provides access to additional benefits when staying at all properties participating in the Marriott Bonvoy program. Current Marriott Bonvoy Gold Elite benefits include enhanced room upgrades, 2:00 p.m. late checkout (based on availability), and earning of Marriott Bonvoy bonus points.
To activate Marriott Bonvoy Gold Elite benefits you must link your mycitizenM+ subscription with a valid Marriott Bonvoy account (new or existing). Existing Gold Elite or higher Marriott Bonvoy status will not be negatively affected by account linking.
Instructions for linking will be provided at registration or sent directly to existing subscribers prior to the full integration.
Please note:
– Linking your account is required to continue accessing your mycitizenM+ benefits.
– Gold Elite status is offered as a status match and is subject to the Marriott Bonvoy Loyalty Program Terms & Conditions. – Marriott Bonvoy benefits will only apply at citizenM hotels integrated into Marriott Bonvoy (i.e. such citizenM hotel is available for booking on Marriott’s digital platforms) and your accounts are linked.
see the mycitizenM+ and Marriott Bonvoy Elite Gold Status benefits
Annex A - Model Withdrawal Form