Contract law on reservation?

[lulugirl]

I have to agree with some of the others about the current complaints about room rates and the pickiness about it.

If anyone truly is that distraught over it, I suggest you vacation elsewhere, you will be happier and I know Disney won't mind.

No kidding, the things that some people get upset over is astonishing.

 

[MareQ]

Again, MY contract says 12-31-08, 08, 08, 08!!!!

Not 07

Its a simple contract, disclaimer, piece of paper, whatever you call it.

IT SAYS 12-31-2008!!!!!!

YOURS may say 12-2007, but MINE says 12-2008!!!

Well then instead of accepting that it's a typo and Disney is not legally obligated to offer you 2007 rates for a 2008 booking - I suggest you contact an attorney and pay ridiculous fees so you can start legal proceedings against Disney.

 

[tinkertot]

I don't understand why you are getting so worked up over this?
Apparently if your paper says Dec. 31, 2008 and not 2007 it was a typo.
Life is to short to dwell on the little things. Smile, take a deep breath
and just continue on with your Disney vacation plans. Don't Worry,
Be Happy!!!

 

[brerrabbit]

Read this thread with great amusement and just thought I had to get an opinion so I called my lawyer friend and told him the situation. His free opinion based on being in Texas was this. First, its not really a contract, its more really like a disclaimer. Second with the language concerning changes due to errors if this thing were to ever make it to court, the first question the judge asks is what is the normal policy? Normal policy is you reserve a room for 2008 based on 2007 prices and then adjust for 2008 rate increases. Its what 99% of the people in that situation has happen to them. Now in this case, the 1% there is an error made and the date on this confirmation says 2008. Judge says, obvious mistake finds in favor of Disney, case closed. Finally my friend says if you think its worth it to push the issue, go for it, but remember this, Disney also retains the right to refuse service (ie hotel room) to anyone. As long as they can prove it wasn't do to race, religion, or nationality, which in this case it wouldn't be because it would be purely a financial decision (someone else will pay me more) then they have the right to pull your reservation.

My friend said and I agree that you could call Disney and ask nicely since they seemed to make a mistake if they would honor it but if they refused then just let it go, go on your vacation and enjoy yourself.

 

[DisneyMom&Fan]

How can a contract not be enforceable?

Whats the point in having a contract if they are allowed to change it at their whimb.

What if I cancel my resv. by fax, inside of the 48 hr mark and then said "oh, that must have been a typo, I still want my refund" They'd say "HE** NO!"

If it was my mistake then I must pay for that mistake, right?!?

I think the OP has a typo in her above post. Just goes to show people are human and make mistakes....

Can someone please pass the salt?

 

[eeyoresnr]

Can someone please pass the salt?

I'd like some extra butter for mine please

 

[rie'smom]

I think part of the problem in these situations (and there have been many here on the DIS), is that people confuse Disney the corporation with Disney the Mouse,Fantasyland,theme parks,etc.
You know all of the Disney movies where the hero is the lttle guy who always comes out on top. Well, Disney in situations like this is the big mean guy(gal) and the little hero(heroine) hardly ever comes out on top.
WDW doesn't really worry about showing good faith or honoring their mistake and I don't mean that in a bad way. It's a business pure and simple-profit and loss, the bottom line. They pretty much covered themselves with the part that says mistake.

 

[Geoff_M]

OK then, if this isn't a contract,then what is it? A disclaimer? Like a ticket for a sporting event like one pp explained.

If you got hit by a flying puck at the joe, would you be allowed to sue or go after them for damages? It says on the back of any Red Wings ticket, or any other sporting event ticket, that they are not liable.

It is a statement of policies and disclaimers. Surely there's a sentence or two at the top of the page that tells you what all of the writing on the page is all about... what's it say?

As per your question about flying pucks, the printing on the back of a ticket is not a "contract", it is for informational purposes only and the "hold harmless" language is isn't legally binding. Here's a real life example:

Suit filed in death of girl at NHL game

From Journal Sentinel wire reports

Saturday, March 15, 2003

The parents of Brittanie Cecil, the 13-year-old girl who died last year after being hit by a puck at an NHL game, have sued the hospital where she was taken and two doctors who treated her.

Brittanie died last March 18, two days after she was hit in the forehead by a puck at a Columbus Blue Jackets home game. She died because of a ruptured artery near her spine, caused when her head snapped back.

Her parents, David Cecil and Jody Sergent, are seeking more than $25,000 in a medical malpractice suit filed in Franklin County Common Pleas Court.

The suit alleges that doctors Scott W. Elton and Leslie Jean- Regis Acakpo-Satchivi of Children's Hospital in Columbus failed to detect the whiplash injury.

The Columbus Dispatch reported that the Cecil family reached a settlement last month with the NHL, the Blue Jackets and Espen Knutsen, the player whose deflected slap shot struck the girl. Details were not made public. Link

You can bet the farm that the girl's ticket claimed that she couldn't sue if injured at the event.

 

[froglady]

I thought that the paper I sign upon check-in is the actual LEGAL contract, and that is when it becomes legally enforcable? The letter you receive is just a guarantee that you will have a room; it doesn't specifically guarantee that you will have a particular room. This is why hotels can "walk" you if they're overbooked, rooms have been damaged so they can't be used, etc. It was my belief that nothing is "carved in stone" until I sign it. Despite their stated cancellation policy, I could conceivably refuse to sign for a change to a different resort, and get a full refund of any deposit or money paid, because they changed their terms. But I wouldn't get a hotel room, either.


So, since there is not a "meeting of the minds" (on your part) and you have not taken possesion of the item, you can void the reservation and get your money back. Or you can make a different reservation.

This is always a problem when you are involved in a pay now, use later situation. I went through this with furniture, home renovations, etc. and discovered I was at the other party's mercy once I had paid most or all of the cost, and had very little legal recourse when they weren't honoring the time frame of the SIGNED contract. You have less than that right now.

 

[Geoff_M]

I thought that the paper I sign upon check-in is the actual LEGAL contract, and that is when it becomes legally enforcable? The letter you receive is just a guarantee that you will have a room; it doesn't specifically guarantee that you will have a particular room.

I believe you are correct. Another good analogy that most of us are personally aware of is rental cars. You make a reservation and are given a rate. You can be sent a reservation confirmation that also contains the rental company's policies. However, when you pick up the car you are asked to sign a contract that dictates the rate you will pay, what the charges will be for returning the car late, who pays if the car is damaged, what you will be charged if you return the car with the tank less than full, etc. This document then becomes legally binding. The same thing happens when you check in to a hotel. You are given a "contract" to sign that states your daily rate, how many nights you will be staying, whether or not you want to be able to charge items to your room, etc.

That said, some parts of a reservation could be considered to be contractual. For example, the payments due schedule and cancellation terms. When you call CRO and make a reservation, the CM makes sure to read you the cancellation terms and when the balance is due. By doing so this becomes part of the "initial offering" that you agree to by accepting the terms when you make the reservation. Under general concepts of contract law, this can be considered a "meeting of the minds" binding agreement. If you cancel two days out and attempt to contest Disney's keeping of the first night's deposit, in any legal discussion Disney will say that it's part of their SOP to read the cancellation terms and they have reason to believe that you were aware of the terms when you made the deposit. As such, you are not due any refund of that money.

I believe this is one of the reasons that Disney normally has not allowed people to make future year reservations on their web site before the new rates are released. This forces you to use CRO where the CM will explicitly state to you that your rate will be adjusted after the new year's rates are released. This removes the ability of you to claim that they didn't see the "your rate will be adjusted" verbiage on the web page or that it was missing.