Disney hasn't given me my guaranteed week, isn't budging- help!

[birchtree95]

In January, we purchased a guaranteed week direct from Disney. We got a Copper Creek 2 bedroom for week 47(thanksgiving week). Our guide told us that guaranteed weeks aren't always available the first year, but that my purchase agreement and deed would state the first year that the guaranteed week would be available.

No problem.

However,

Our deed AND purchase agreement both state that "Beginning January 1st, 2021(the "First Fixed Use Date")..." and goes on in legal jargon to say that I will be allotted a 2 bedroom for my week beginning in 2021.

Disney did not reserve me the room, and when I pointed this out to member services, they said no rooms were available and they could not book it for me. When I brought this to the attention of our guide, he had to pass it along to his supervisor.

Since then, I have received a phone call from our guide every week for the first 3 weeks, then every other week for about 6 weeks, and now it's been almost 3 weeks since I've heard from him. In every phone call, he states that "We're still working on getting you that room." But I have my doubts about the success with it- as I suspect almost nobody is going to be cancelling.

Since purchasing this, we found out my wife is pregnant, so we would be unlikely to utilize this week ourselves, but I have a large family and would love to gift this week to one of them to enjoy with their kids.

How long do I give them to fulfill my week? Do I need to take legal action? Would it be worth it? Should I demand they cover this years dues to compensate me? What recourse do I have?

I suspect my situation is unique, but I'm hoping that this wonderful community of Disney nerds will have some advice for me.

 

[Duckbug.Ducktales]

When you closed on your purchase, I think you had already missed the time that member services would have booked your fixed week. We have FW 48 and purchased January 2020. We could not get it that same year (Nov-Dec 2020) and were warned about that; member services reserves the fixed weeks prior to the 11 month booking window opens to everyone else.

Though given the language of the contract, I think you have legal claim. I just don't know what they can do if there are no rooms. If there is a cash room available, that would be the way to go but maybe there aren't.

 

[erionm]

Send an email to the DVC Member Satisfaction Team: dvcmembersatisfactionteam@disneyvacationclub.com

 

[Yankee626]

I also have the same Guar Week at CCV and purchased in December. My Guide told me that it was too late to have it this year. But they were able to secure the week through Member services in January. I believe its too late now.

 

[starry_solo]

@Sandisw

 

[princesscinderella]

I bought a fixed week also and since it was already inside the 11 month booking window I did not get the reservation just the points to use anytime. The window for your fixed week would have opened in December before you purchased. I don’t think you will be getting it reserved. The fixed weeks are booked even prior to the 11 month window

 

[Duckbug.Ducktales]

I bought a fixed week also and since it was already inside the 11 month booking window I did not get the reservation just the points to use anytime. The window for your fixed week would have opened in December before you purchased. I don’t think you will be getting it reserved.

Exactly.

 

[Shamus]

Since it is listed in your contract I would be surprised if DVC has a legal out here. I would start asking DVC what they plan to do as far as compensation if the room remains unavailable by X date (which may or may not have already passed). The X date being when you feel you would need to know by in order for you to gift to your family and for them to make the necessary arrangements to go. Maybe they could put you up in an as yet undeclared two-bedroom or Grand Villa at Riviera?

 

[birchtree95]

Since it is listed in your contract I would be surprised if DVC has a legal out here. I would start asking DVC what they plan to do as far as compensation if the room remains unavailable by X date (which may or may not have already passed). The X date being when you feel you would need to know by in order for you to gift to your family and for them to make the necessary arrangements to go. Maybe they could put you up in an as yet undeclared two-bedroom or Grand Villa at Riviera?

This is my thought exactly. It's in the contract. In 2 places. So someone probably screwed up, but that's not my fault, they need to do somthing to "make this right."

Send an email to the DVC Member Satisfaction Team: dvcmembersatisfactionteam@disneyvacationclub.com

Thank you for this, I was unaware of this "team."

 

[Sandisw]

One thing is that the issue is not with DVCM. They manage the program for us. This is an issue for DVD who sold it to you.

However, if you were told when buying it may be difficult the first year, even though it says it should start, I am not sure what recourse you have other than to force them to void the contract and return your money.

FW are always booked prior to the 11 month window so to be honest, there is may be nothing they can do to get you the actual room if they were released to other members prior to your purchase and people booked.

If it were me, I would ask the guide to give you the names of higher ups who oversee the purchases, including in legal to explain why the contract was written that way if it was not guaranteed since you purchased after booking had already happened.

Good luck.

ETA: It sounds to me like maybe someone messed up when filling in dates and it should have said 2022. Maybe ask them if they would compensate you by booking you a cabin this year for the same points as the 2 bedroom????

 

[Brian Noble]

I suspect my situation is unique, but I'm hoping that this wonderful community of Disney nerds will have some advice for me.

I guess the first question is: what would you rather have: cash, or a room somewhere?

Assuming it is a room: Would you be willing to accept a unit worth (approximately) that number of points at other resorts as well? If so, it might be helpful to let Member Services/Member Satisfaction know that, as it gives them a little more flexibility in finding you something.

As to the contract: if I wanted to play Devil's Advocate (and trust me, Disney's lawyers will want to do that if you press the point) I might point to this language in the Public Offering Statement: "For each Club Member who owns a Fixed Ownership Interest, Member Services will automatically book that Club Member's Guaranteed Reservation every year prior to the beginning of the applicable Home Resort Priority Period." The HRP window of 11 months places that reservation time somewhere at or before December of 2020. Given that the contract was executed after that date, this language is in conflict with the dates. IANAL and I have no idea what happens when two clauses of a contract are mutually inconsistent, but at the very least there is some language that says they don't have to do this.

 

[Shamus]

ETA: It sounds to me like maybe someone messed up when filling in dates and it should have said 2022. Maybe ask them if they would compensate you by booking you a cabin this year for the same points as the 2 bedroom????

The only current availability for two bedrooms or higher during that week is a Poly Bungalow. That's why I suggested he try asking for something from the undeclared inventory at Riviera, but a Poly Bungalow may fit the bill.

 

[Duckbug.Ducktales]

The only current availability for two bedrooms or higher during that week is a Poly Bungalow. That's why I suggested he try asking for something from the undeclared inventory at Riviera, but a Poly Bungalow may fit the bill.

I certainly would take an upgrade to a Poly bungalow in a heartbeat!

 

[Shamus]

However, if you were told when buying it may be difficult the first year, even though it says it should start, I am not sure what recourse you have other than to force them to void the contract and return your money.

So suddenly verbal conversations in Disney's favor are part of the contract when they are otherwise excluded??

As to the contract: if I wanted to play Devil's Advocate (and trust me, Disney's lawyers will want to do that if you press the point) I might point to this language in the Public Offering Statement: "For each Club Member who owns a Fixed Ownership Interest, Member Services will automatically book that Club Member's Guaranteed Reservation every year prior to the beginning of the applicable Home Resort Priority Period." The HRP window of 11 months places that reservation time somewhere at or before December of 2020. Given that the contract was executed after that date, this language is in conflict with the dates. IANAL and I have no idea what happens when two clauses of a contract are mutually inconsistent, but at the very least there is some language that says they don't have to do this.

The section of the contract quoted addresses how future fixed weeks will be booked it does not mention anything about what will or will not be made available the year the contract is signed. Thus IMHO it is not in conflict with anything else and does not void the fact the contract signed provides for the week being made available BEGINING IN 2021.

 

[princesscinderella]

I just looked at my Fixed week contract and it also states that my fixed week would start for the year January 2021 so technically I have the same issue as the OP. I already have those dates booked for a one bedroom so I’m using my points elsewhere, since my fixed week is a studio. There’s language in the fixed week checklist #2that states the contract will refer to when the fixed week will be available. But then #3 states that in the first year if you buy already within the 11 month window it will not be available to you. So I don’t think you have an argument since it’s spelled out clearly in clause #3 of the fixed week checklist.

 

[20000LeaguesUnderTheSea]

In January, we purchased a guaranteed week direct from Disney. We got a Copper Creek 2 bedroom for week 47(thanksgiving week). Our guide told us that guaranteed weeks aren't always available the first year, but that my purchase agreement and deed would state the first year that the guaranteed week would be available.

No problem.

However,

Our deed AND purchase agreement both state that "Beginning January 1st, 2021(the "First Fixed Use Date")..." and goes on in legal jargon to say that I will be allotted a 2 bedroom for my week beginning in 2021.

Disney did not reserve me the room, and when I pointed this out to member services, they said no rooms were available and they could not book it for me. When I brought this to the attention of our guide, he had to pass it along to his supervisor.

Since then, I have received a phone call from our guide every week for the first 3 weeks, then every other week for about 6 weeks, and now it's been almost 3 weeks since I've heard from him. In every phone call, he states that "We're still working on getting you that room." But I have my doubts about the success with it- as I suspect almost nobody is going to be cancelling.

Since purchasing this, we found out my wife is pregnant, so we would be unlikely to utilize this week ourselves, but I have a large family and would love to gift this week to one of them to enjoy with their kids.

How long do I give them to fulfill my week? Do I need to take legal action? Would it be worth it? Should I demand they cover this years dues to compensate me? What recourse do I have?

I suspect my situation is unique, but I'm hoping that this wonderful community of Disney nerds will have some advice for me.

I

In January, we purchased a guaranteed week direct from Disney. We got a Copper Creek 2 bedroom for week 47(thanksgiving week). Our guide told us that guaranteed weeks aren't always available the first year, but that my purchase agreement and deed would state the first year that the guaranteed week would be available.

No problem.

However,

Our deed AND purchase agreement both state that "Beginning January 1st, 2021(the "First Fixed Use Date")..." and goes on in legal jargon to say that I will be allotted a 2 bedroom for my week beginning in 2021.

Disney did not reserve me the room, and when I pointed this out to member services, they said no rooms were available and they could not book it for me. When I brought this to the attention of our guide, he had to pass it along to his supervisor.

Since then, I have received a phone call from our guide every week for the first 3 weeks, then every other week for about 6 weeks, and now it's been almost 3 weeks since I've heard from him. In every phone call, he states that "We're still working on getting you that room." But I have my doubts about the success with it- as I suspect almost nobody is going to be cancelling.

Since purchasing this, we found out my wife is pregnant, so we would be unlikely to utilize this week ourselves, but I have a large family and would love to gift this week to one of them to enjoy with their kids.

How long do I give them to fulfill my week? Do I need to take legal action? Would it be worth it? Should I demand they cover this years dues to compensate me? What recourse do I have?

I suspect my situation is unique, but I'm hoping that this wonderful community of Disney nerds will have some advice for me.

Your situation is not unique. I bought in CCV on January of this year as well with a Guaranteed week (December Use Year). Despite Disney not booking my GW (#49) in Dec 2021 The language in the purchase agreement is the same as yours

"This means that beginning January 1, 2021, PURCHASER has the right in each Use Year to have a Studio Shower Vacation Home Type automatically reserved (the 'Guaranteed Reservation') for PURCHASER's use during Week #49 (the 'Use Period') using all of the Home Resort Vacation Points allotted for the applicable Use Year"

That said, Disney covers their bases with other language in the agreement. Thinking you also have the below in the contract:

2. Depending upon the week you want to be your Week and the type of Vacation Home you want to be your Vacation Home Type, your Guaranteed Reservation may not be available to you immediately based on the resort opening date and the Use Year of your Ownership Interest. It may only be available to you beginning in a future year. Your purchase agreement and deed will identify the calendar year in which you will first have a Guaranteed Reservation.

3. If you are purchasing your Fixed Ownership Interest within the eleven month booking window of your Guaranteed Reservation start date, your Guaranteed Reservation may not be available to you in the first year but may only be available to you beginning in a future year. This is because you will be competing with other DVC members for availability in that first year. If your Guaranteed Reservation is not available to you in the first year, you may use your Vacation Points to make another reservation, based on availability, just as if you had purchased a Floating Use Ownership Interest.

You can try to push...but based on the above....don't recommend you pursue legal action other than asking Disney to cancel your contract. You have an argument that the contract is not 100% clear...but based on all of the above....if a judge has to rule....thinking he will side with Disney especially if you have clause #3 in your contract and you were given verbal warning by your sales guide.

 

[Doberge]

OP would likely have to prove some sort of "detrimental reliance" and show that he/sbe would have never signed the contract had it not included the fixed week in 2021. That's probably a hard show. "Impossibility of performance" is often a defense to breach of contact. Basically legal recourse may be difficult. It may be worth taking to an attorney who is educated in the area for real advice, but also remember that this will cost a good bit of money for an attorney to handle.

 

[Bazemore]

If you knew that it wouldn’t be available and accepted it, why are you complaining after the fact?
Rob

In January, we purchased a guaranteed week direct from Disney. We got a Copper Creek 2 bedroom for week 47(thanksgiving week). Our guide told us that guaranteed weeks aren't always available the first year, but that my purchase agreement and deed would state the first year that the guaranteed week would be available.

No problem.

However,

Our deed AND purchase agreement both state that "Beginning January 1st, 2021(the "First Fixed Use Date")..." and goes on in legal jargon to say that I will be allotted a 2 bedroom for my week beginning in 2021.

Disney did not reserve me the room, and when I pointed this out to member services, they said no rooms were available and they could not book it for me. When I brought this to the attention of our guide, he had to pass it along to his supervisor.

Since then, I have received a phone call from our guide every week for the first 3 weeks, then every other week for about 6 weeks, and now it's been almost 3 weeks since I've heard from him. In every phone call, he states that "We're still working on getting you that room." But I have my doubts about the success with it- as I suspect almost nobody is going to be cancelling.

Since purchasing this, we found out my wife is pregnant, so we would be unlikely to utilize this week ourselves, but I have a large family and would love to gift this week to one of them to enjoy with their kids.

How long do I give them to fulfill my week? Do I need to take legal action? Would it be worth it? Should I demand they cover this years dues to compensate me? What recourse do I have?

I suspect my situation is unique, but I'm hoping that this wonderful community of Disney nerds will have some advice for me.

 

[KAT4DISNEY]

It states the 2021 but as pointed out there are other areas that address that depending on the timing of your purchase you are not guaranteed the week. It's actually exceptional that they are trying but personally I wouldn't waste my time on it.

 

[4luv2cdisney]

Everybody knows you're not getting Thanksgiving week at CCV after the 11 mo booking window and your guide essentially told you that.

You are trying to leverage a clerical error.

Sounds like they have other language to protect themselves from this.

If you have something reasonable you want to ask for, ask for it and accept their answer. Maybe they can move you to the front of the waitlist or perhaps they can pull a cash inventory room from somewhere else.

If you want to void your contract over this, ask. Otherwise, move on.