You sign a legal contract with Disney. A part of that legal contract is Membership Extras which is explicitly called out.
Additionally I have brought it up in the past but what has left from Membership Extras? People call out potentially the valet but my research (unless you have a disclosure from back then) seems to outline that the valet was covered as part of dues (like parking lots) and not actually a membership benefit you simply received it for free since it was already paid for by the dues.
As an example they have had different ticket offers but pretty much always had ticket offers of some sort except during the pandemic which is called out as an exception in the Membership Extras. This would fall under their ability to change out a specific benefit for something of like value and type.
Correct but people have legal contracts with DVC stating they have access to the benefits for 3 years from date of signing that contract. So they can cancel it but first would need to stop offering it to new purchasers. They can't "just cancel" it because there is language in the disclosure in legally signed contracts that forbid that.
This is why I speak up on this because it fairly clearly states they can't just cancel it. They could cancel it but they have certain requirements first to meet to allow them to do that.
Valet was not part of the contract because FL timeshare law prohibits them from having membership extras as part of the contract and covered as part of the dues. It was provided by a third party vendor and why it was stopped overnight when the charges to DVD were changed. I do not have the document but I bought when it was in effect and it was indeed part of membership extras. Here is the actual FL timeshare language that prohibits it to be part of the dues:
721.075 No costs of acquisition, operation, maintenance, or repair of the incidental benefit are passed on to purchasers of the timeshare plan as common expenses of the timeshare plan or as common expenses of a component site of a multisite timeshare plan.
Not sure why you keep saying it but we are not guaranteed anything for 3 years. It is
3 years or less and that language is taken right from the FL timeshare law language regarding incidental benefits. The POS is the legal contract that states membership extras can end at any time, and the law allows them to end the program with no notice. If you can cite the law or the contract that says differently, please share because I am not finding that same language.
First part of the disclosure statement says:
Membership Extras, such as vacation options in the Disney and Concierge Collections, certain discounts, offers, and special events are incidental benefits. These incidental benefits are subject to change or termination without notice, may require the payment of a fee and cannot be combined with any other offers or promotions
Again, the right to substitute is something that the law allows them to do if a benefit is unavailable, especially when it is beyond the developer control...since they have to update the division when they change the terms of the program... as long as they state in the benefits program they want to have that right. That is also language taken directly from the FL statue. Here is what the law says:
If an incidental benefit becomes unavailable as a result of events beyond the control of the developer, the developer
MAY (my caps/bold) reserve the right to substitute a replacement incidental benefit of a type, quality, value, and term reasonably similar to the unavailable incidental benefit.
If the developer reserves the right to substitute, the acknowledgment and disclosure statement required pursuant to paragraph (2)(a) shall contain the following conspicuous disclosure: In the event any incidental benefit described in this statement becomes unavailable as a result of events beyond the control of the developer, the developer reserves the right to substitute a replacement incidental benefit of a type, quality, value, and term reasonably similar to the unavailable incidental benefit.
Basically, if the disclosure statement says we get X, and it becomes unavailable, the developer can (but is not required to) substitute it or it must update the membership extra program...and submit new documents to the state that the program has been updated and changed. So, with the AP...if it becomes unavailable as a product, DVD can't still advertise "from time to time" we will be eligible for a discount on the AP, when no such product exists any longer. But, nothing in the law requires them to offer incidental benefits of similar type once a particular benefit is no longer available from a third party....and DPEP is in fact, considered a third party. DVD nor owners have the right to force any other division of Disney or a third party to continue to offer a benefit to owners.
If DVD did not put in the substitute language as part of the disclosure, then DVD would not be allowed by law to make any substitutions when something happens. There are other instances of discounts not being given and taken away. I used to get a spa discount, and Senses isn't giving them anymore. Nothing guarantees me that benefit.
I have said many times, I do not think DVD will ever not have some level of a membership extras program. But, to say they can not just end it? Can't find any legal language in FL timeshare law that requires them to have any such program, or the ability to end it without notice.
The disclosure statement that we are provided needs to be clear as to the terms and conditions of the program, and that is it. Again, my interpretation is based on the actual FL statue, the language in our POS, and the language in the Membership extra disclosure statement and so far, none of it says we must be given an incidental benefits program, or that they can't end it as they see fit.
And, to take us back on topic, the changes in the membership benefits program over the years have gotten people upset and people are certainly upset that no AP is being sold and that DVD hasn't made a different deal with DPEP to offer an alternative.
