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

[Sandisw]

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



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.

I am simply saying that they were told it could be an issue when buying and then got the contract within conflicting information. So, during that 10 day window when it can be canceled, it should have raised a red flag to find out why it was written that way. it does sound like at some point after buying they began to investigate but it may or may not have been when they could have canceled.

If it was an error in putting 2021, then, IMO, the recourse could be asking to be let out of the contract now or DVD could simply give them the option to sell it back even though they are beyond the window. Many times with contracts, the resolution is to simply put both parties back to where they started

I certainly think asking DVD to allow something else to be booked for this year for the same points, even if it is more, could be a fair solution, or asking for some level of upgrade if they can’t get them a room at CCV could be a fair solution.

 

[JC1984]

All you can do is ask for what you are want from Disney. And then accept wether or not they grant it. Remember to be professional it will get you a lot farther than going for the legal jugular.
Believe me Disney has all their bases covered and way more money than we could ever dream about to protect them legally. If it were me I would ask for a Poly Bungalow for the week.

 

[mamaofsix]

Since you've already stated you can't go that week anyway since you're wife is pregnant, I'd ask for some sort of financial compensation and use that money for the new baby Or perhaps ask for Disney gifts cards to use towards expenses on a future trip...

 

[miTnosnhoJ]

I would not even ask for financial compensation. By not using your fixed week, you get a greater number of points that you can use anytime, anywhere, and bank into the next use year when you can more easily use them. If you think your family might like a 2BR in your absence, think about how they would enjoy a Grand Villa (3BR) with you there enjoying it with them. That's just me. I can see where you want them to deliver on a specific promise.

 

[winterwhite]

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.

That’s not how the law works. In the case of an ambiguity, the contract the two parties entered into equally overrides it. Being verbally told that a room won’t be available when your contract says that it will be doesn’t mean anything. According to the further clauses that were posted by another poster, Disney doubles down on this and says that the dates in the contract specify when you will have exclusive use of your week - and his says 2021.

impossibility of performance applies if the performing party did not know at the time of signing that performance would be impossible.

even so, unless the booking window is explicitly stated by date, the dates in the contract would override unspecified dates.

an equally astute attorney would point out that them selling an ownership interest that doesn’t exist would be in bad faith.

Disney can cancel a cash or DVC points booking. The room exists, it’s just occupied by someone else who doesn’t own it. There’s plenty of time to end that, they just don’t want to. They can’t sell more guaranteed room weeks than rooms that exist, so this is an easily remedied problem.

 

[birchtree95]

Thank you to all of you for your input. Some more helpful than others; telling me to "move on" is not what I was looking for when I asked for advice.

I'm thinking I will try to either get them to give me another room, like a poly bungalow or a 2 bedroom at VGC, there is availability for 6 nights in that week, which would be A-OK with me-- or asking them for some sort of financial compensation. Hoping for this years dues, since they were unable to fulfill this years room which they were contractually obligated to provide.

I certainly will not be asking them to void the contract, as we absolutely want that week and resort.

 

[winterwhite]

Thank you to all of you for your input. Some more helpful than others; telling me to "move on" is not what I was looking for when I asked for advice.

I'm thinking I will try to either get them to give me another room, like a poly bungalow or a 2 bedroom at VGC, there is availability for 6 nights in that week, which would be A-OK with me-- or asking them for some sort of financial compensation. Hoping for this years dues, since they were unable to fulfill this years room which they were contractually obligated to provide.

I certainly will not be asking them to void the contract, as we absolutely want that week and resort.

I think this is an absolutely reasonable request and personally, I would also ask for a gift card for your troubles. It costs them nothing to throw you $250 to cover their "clerical error" that isn't an error since they had ample opportunity to correct it. It's not like their lawyers don't know what they're doing.

 

[miTnosnhoJ]

I'm guessing they will fire that guide. They had specific language in the contract to avoid that situation, and he overrode it to make the sale.

 

[KAT4DISNEY]

That’s not how the law works. In the case of an ambiguity, the contract the two parties entered into equally overrides it. Being verbally told that a room won’t be available when your contract says that it will be doesn’t mean anything. According to the further clauses that were posted by another poster, Disney doubles down on this and says that the dates in the contract specify when you will have exclusive use of your week - and his says 2021.

impossibility of performance applies if the performing party did not know at the time of signing that performance would be impossible.

even so, unless the booking window is explicitly stated by date, the dates in the contract would override unspecified dates.

an equally astute attorney would point out that them selling an ownership interest that doesn’t exist would be in bad faith.

Disney can cancel a cash or DVC points booking. The room exists, it’s just occupied by someone else who doesn’t own it. There’s plenty of time to end that, they just don’t want to. They can’t sell more guaranteed room weeks than rooms that exist, so this is an easily remedied problem.

I don't believe there is actually an ambiguity though. I believe in the documents signed there's more that covers the booking and that depending on the timing it won't be available. The guide stating it really was a confirmation not the only notice.

 

[Bobb_o]

I hope they work this out for you and I'm interested to hear what ends up happening.

 

[crisi]

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



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.

Eh, It doesn't have to. Common sense says if you sign the contract after the eleven month window, then the room can't be booked and the clause is void. I don't think there is a conflict either. There is no room and legally, there is no need for a room nor any need for compensation. IANAL, but I have worked contract law for much of my career and this one seems like a non starter.

And what is the OP expecting, that someone will get pushed out of "his" room for the week? Its booked.

 

[New Mouse]

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.

Its not a clerical error, its a contract that DVD and their quality assurance team reviewed and agreed to.

The OP also has precedent that DVD has always offered to book tough to get "sold out" reservations as part of the incentive to purchase a new contract. Not advertised, but happens often.

 

[KAT4DISNEY]

Fixed Ownership Interest Product Understanding Checklist (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.

The purchase was within the eleven month booking window, this information is in a document that would have signed and it sounds like relayed verbally by the guide.

 

[KAT4DISNEY]

Its not a clerical error, its a contract that DVD and their quality assurance team reviewed and agreed to.

The OP also has precedent that DVD has always offered to book tough to get "sold out" reservations as part of the incentive to purchase a new contract. Not advertised, but happens often.

See my post above of language in one of the purchase agreement documents. Also the Welcome Home reservation is for reservations within 6 months of purchase and is dependent on availability. There have been reports of people not getting exactly what they wanted.

The section the OP references includes language relating to opening of the resort, UY and date of first week but is superseded by the information in the next paragraph.

If DVC helps them out then that's nice but the contract includes why they wouldn't have to.

 

[Sandisw]

Fixed Ownership Interest Product Understanding Checklist (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.

The purchase was within the eleven month booking window, this information is in a document that would have signed and it sounds like relayed verbally by the guide.

Great info!

 

[anomamatt]

I will have to dig up my documents from when I bought a FW at Riviera to see exactly what it says. But I had a discussion with the guide because the contract mentioned getting the fixed week in 2019 (which would be before the resort was even open). I was concerned and asked about that clause because I wanted the equivalent points (which I did get). What I was told (by my guide, no idea if this is always the case and/or correct), was that they have this language in the contact because that gives you points in the first year (and not the FW if <11 months out) and the guide said that is why they have a clause saying the first year isn't guaranteed if you buy within 11 months (as @KAT4DISNEY posted).

My understanding was that without the clause about the current year points, you would get no first year points. And they have the clause about <11 months to cover them when there is no availability.

Unless there is no clause in the product understanding checklist signed by the OP, then I don't see a claim here. That doesn't mean OP won't get compensation by complaining, but I don't see compensation being required by the letter of the contact -- again, unless the product understanding is missing the clause that @KAT4DISNEY posted -- I do recall a similar clause in mine back in 2019.

 

[Gf77]

ㅤ

 

[birchtree95]

What I was told (by my guide, no idea if this is always the case and/or correct), was that they have this language in the contact because that gives you points in the first year (and not the FW if <11 months out) and the guide said that is why they have a clause saying the first year isn't guaranteed if you buy within 11 months (as @KAT4DISNEY posted).

If the clause was there to get me this years points, it would state 2020 as the first year, as they provided points for 2020 as well, (which I immidiatly banked into 2021(June Use Year)) so this would not make sense.

The contract states that the fixed week MAY not be available the first year, but then in the next sentence says that it will be notated which year I will receive my first guaranteed week. That notation clearly states 2021- in both the Deed and the purchase agreement.

I will keep you updated as to what comes out of this, though it may be a while. I suspect they will have to figure out how to handle this when I contact them next. I will have to carefully word my email so that everything is in writing, not just phone conversations. I will likely send to my guide and to the DVC satisfaction team to try and create movement on this issue.

 

[starry_solo]

Rather than summarizing what each portion of the contract states, why not put the entire contract and anything else you signed up here.

 

[crisi]

Most people here aren't versed enough in real estate contract law (despite their own beliefs, perhaps) to give you a solid legal answer, but I will say this- if you think you've been wronged or lied to, fight for what you believe you're entitled to. The worst advice you can get is to back down because they have a high paid legal team on their side. The best advice is that Disney may or may not make you "whole" on this, and if they don't, your only options are lawsuits or eating it. The most important step to fighting something is first making sure you are in the right, and that requires a lawyer or a good sense of the law as a layperson. You don't want to make this into a whole big ordeal only to find out that the language in your contract precluded it in the first place. I would fight this because I'm a fighter and I believe in principle, but realize you never come out ahead due to the time invested and emotional strain of it.

How much is it worth to you if you get nothing out of it is a good question to ask. Because if they aren't budging, and those rooms are booked, the next step is to have a lawyer review all of the contracts you signed, give you a professional opinion, and then, if its worthwhile, write Disney. And then you've entered the world of legal threats, which you need to be ready to back up with court. I'm sure Disney's contracts state where any legal action will take place, so don't expect a local courtroom.