Contract law on reservation?

[Tinkrbell]

I made a 1/08 reservation 2 mths ago with an 07 room rate only. In the contract sent by Disney it states-

"reservations made on or prior to 12/31/08 are guranteed unless the reservation is changed"Blah, blah, blah... Then it goes on to say several paragraphs later that "reservations made before 1/08 are subject to change"

Anyone know contract law?? Which sentence are you (or they) allowed to follow?

When I called reservations they transferred me to guest services and surprisingly, she was very short and abrubt to me. Wants me to fax over the document and said "she will in no way adjust my room rate regardless of what the contract says"

I know contracts are extremely difficult for the average person to deal with. Do they do this on purpose to cover their behinds?

Perplexed

 

[branv]

I may be wrong, but this wording leads me to believe that your RESERVATION (i.e. that you have a room) is guaranteed, not that your RATE is guaranteed. It's a little slippery, I agree, but unless they specifically say that the rate is locked in, I believe you don't have a case. But then, in most contracts they define terms they use - perhaps you should check the contract to see if they have defined reservation.

 

[Tinkrbell]

Sorry about that typing. It actually says-

"Rate Revisions: Room rates and package rates for arrivals on or prior to 12-31-08, are guranteed as long as your reservation is not changed. For arrivals after 12-31-08, deposits or prepayments guarantee room availability only, and rate and package components have not been determined and are subject to change without notice."

I was just paraphrasing earlier, trying to make it easier, but again, contracts are so particular.

 

[Allison]

I had noticed that on something I had gotten or been emailed. To me, it seems to be a typo and the years are wrong. My later confirmation for June 2008 says this:

RATE REVISIONS: Room rates and package rates for arrivals on or prior to December 31, 2007, are guaranteed as long as your reservation is not changed. For arrivals after December 31, 2007, deposits or prepayments guarantee room availability only, andrate and package components have not been determined and are subject to change without notice.

Disney reserves the right to cancel or modify a room reservation (including after the room reservation has been confirmed) if the room reservation includes or resulted from a mistake or error of any kind, including but not limited to, a mistake or error in the rate, resort or room type, or where it appears that a guest has engaged in fraudulent or misleading activity in making the room reservation.

 

[Mickiethepooh]

It appears to be a typo and such errors are not enforceble under contract law.

 

[Tinkrbell]

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?!?

 

[LoveMyBoys]

How do I put this nicely.....

You don't have a leg to stand on . Disney has so many lawyers, that they can pretty much do whatever they want. That's why they have that line in there that they reserve the right to cancel any reservation.

Good luck, but I wouldn't waste my time.

 

[NYDisGuy]

I would call the Disney Travel Company and state your argument with them. If they have a record that it says 08 then they cannot legally change your rate. However, if the contract is not signed by Disney then they can argue that the contract was tampered with and thats a whole other ball of wax.

 

[Tinkrbell]

I called right away, as soon as I recieved the new rate change paper.

That is when they switched me to guest services, I explained my case and she was quite abrubt with me.
She wants me to fax over the document. She said she would forward it to managment to make them aware of the problem, but is in no way going to change my rate regardless of what the contract says.

 

[Allison]

I would call the Disney Travel Company and state your argument with them. If they have a record that it says 08 then they cannot legally change your rate. However, if the contract is not signed by Disney then they can argue that the contract was tampered with and thats a whole other ball of wax.

Read this part again:

Disney reserves the right to cancel or modify a room reservation (including after the room reservation has been confirmed) if the room reservation includes or resulted from a mistake or error of any kind, including but not limited to, a mistake or error in the rate, resort or room type, or where it appears that a guest has engaged in fraudulent or misleading activity in making the room reservation.

 

[StitchandPooh'sMom]

I made a 1/08 reservation 2 mths ago with an 07 room rate only. In the contract sent by Disney it states-

"reservations made on or prior to 12/31/08 are guranteed unless the reservation is changed"Blah, blah, blah... Then it goes on to say several paragraphs later that "reservations made before 1/08 are subject to change"

Anyone know contract law?? Which sentence are you (or they) allowed to follow?

When I called reservations they transferred me to guest services and surprisingly, she was very short and abrubt to me. Wants me to fax over the document and said "she will in no way adjust my room rate regardless of what the contract says"

I know contracts are extremely difficult for the average person to deal with. Do they do this on purpose to cover their behinds?

Perplexed

I'm not sure what you are trying to fight about. You made a room only reservation for 2008 using 2007 rates. If they didn't tell you on the phone that your reservation was based on 2007 rates (and you indicated in your OP that you knew it was 2007 rates) and would likely change when rates for 2008 were released, then the CM made an honest mistake. You have been on this board for five years. In all that time, did you not know that rates are not guaranteed until they are released for the year of your travel? There have been posts for months about people wondering when 2008 rates were coming out - did you post to say that you had gotten 2008 rates already? Once rates are released and your new confirmation has been received, Disney will not change your rate unless you change your reservation. However, that doesn't mean that the tax rate won't increase and they will have to collect additional tax. Not a breach of contract.

My confirmation states:

For arrivals after December 31, 2007, deposits or prepayments guarantee room availability only as 2008 rates have not been finally determined by Disney and are subject to change without notice.

Disney reserves the right to cancel or modify a room reservation (including after the room reservation has been confirmed) if the room reservation includes or resulted from a mistake or error of any kind . . .

Seems like they are pretty covered to me, especially since they are doing business as usual, not trying to deceive anyone.

 

[Shasta]

Even if you are 100% correct, you'd never stand a chance againt the 3,356 lawyers on retainer for Dinsey. Give up the fight.

 

[NYDisGuy]

Read this part again:

Disney reserves the right to cancel or modify a room reservation (including after the room reservation has been confirmed) if the room reservation includes or resulted from a mistake or error of any kind, including but not limited to, a mistake or error in the rate, resort or room type, or where it appears that a guest has engaged in fraudulent or misleading activity in making the room reservation.

I read it, what am I looking for? There was no error in the rate or in the reservation, the error was stated in the contract.

 

[dburg30]

Read this part again:

Disney reserves the right to cancel or modify a room reservation (including after the room reservation has been confirmed) if the room reservation includes or resulted from a mistake or error of any kind, including but not limited to, a mistake or error in the rate, resort or room type, or where it appears that a guest has engaged in fraudulent or misleading activity in making the room reservation.

I think that's pretty much the kicker right there. Bottom line is, someone typed the dates wrong. Now if it could be proved that they do this all the time in a misleading fashion, THEN there could be something to it. It's about the same when a store has to post that an ad is wrong. There is always a disclaimer on ads about typos and such..

edit: took out some of the bolding and added other

 

[Allison]

I read it, what am I looking for? There was no error in the rate or in the reservation, the error was stated in the contract.

Disney has enough lawyers working for them to make sure this is covered when they make statements like this. If the wording is as stated, then that does go back to an error in the rate. That's obviously the point the OP is trying to make. They want 2007 prices for a 2008 reservation.

 

[dburg30]

Kinda like when Dell had a error on a very nice lens for a camera. Normally $1400 it was listed for $200.. Of course a few people did get the deal, but others got yanked once dell realized the error..

 

[Tinkrbell]

I'm not out to get something I dont deserve. I'm only pointing out what the contract states.

I made a reservation for a room only, not a package. I paid for that reservation. I did not change the reservation.

Now thay want to raise my rate when my contract, which is mass produced and computer generated, says otherwise (or does it?).

 

[NYDisGuy]

Disney has enough lawyers working for them to make sure this is covered when they make statements like this. If the wording is as stated, then that does go back to an error in the rate. That's obviously the point the OP is trying to make. They want 2007 prices for a 2008 reservation.

Once the contract is sent my Disney to the customer, Disney has agreed to everything written in that contract. If they have enough lawyers as you say, then why didn't they pick up on this error, or any other rate error? I'm not quick to throw my hands up in defeat because a person or company may be bigger. I'm not saying sue them, but in no way should you let them kick you around because they have more lawyers. Im sure I can list a ton of Mcdonald's lawsuits that gave away alot of money over wording, such as the hot coffee label etc.

 

[Allison]

I guess you can call a lawyer in the morning and get their opinion. Of course, their fee would probably be more than the rate increase.

 

[dburg30]

Dont think it was so much a rate error, as a date error. In any event, they still have the disclaimer about any reservation can be changed / canceled for pretty much any reason they want, which appears to be part of this contract