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Further european government actions and court rulings have upheld the decision that hotels are entitled to disregard MFN clauses in contracts with Online Travel Agents. Germany, France and Italy ruled in favor of hotels and in accordance with european law.
"the hotel remains free to grant to the client any rebate or pricing advantage whatever in nature, any clause to the contrary being deemed null and void"by osborneclarke.com
Germany has paved the way for hotels to act as they please, whilst in the UK businesses must still use the loophole of making the customer a loyalty schmeme member (source)
And as it turns out there is already ways to bypass the MFN clauses for US businesses such as:
Get the rates of online travel agents for up to 90 days (basic contract) in advance to offer
a similar deal to visitors, thereby circumventing Online Travel Agents.
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