Random Thought: Is the monorail guaranteed?

TiggerBouncy

DIS Veteran
Joined
Mar 4, 2013
In replying to someone else, I actually READ that section of the contract again.... (something new, I know).

Section 1 states:
A summary of the key services available to the consumer (e.g., electricity water, maintenance, refuse collection) and an indication of the amount to be paid by the consumer for such services:

Water, electricity, refuse, sewerage, natural gas, fire protection, cable and telephone services are/will be provided by the appropriate local agencies. In addition, bus and monorail services are available to members staying at DVC Resorts located at the Walt Disney World Resort. The costs for these services will be included in the annual dues. Please refer to the Estimated Budgets for your Home Resort for more details.

A summary of the facilities available to the consumer (e.g. swimming pool or sauna):

The DVC Resorts offer a variety of amenities which differ from resort to resort, including pools, hot tubs, tennis courts, tot lots, and other recreational and support facilities. These amenities and facilities may be Common Elements or may be available for use via easements rights granted in the governing documents for the specific DVC Resort, requiring Members to pay their proportionate share of maintaining such facilities, the cost of which is included in Annual Dues for the specific DVC Resort. Please refer to Part 3 of this document and Section 5 of the Florida Component Site Public Offering Statement for each DVC Resort for more details.

Are these facilities included in the cost indicated above? If not, specify what is included and what has to be paid for:

Members are required to pay their proportionate share of maintaining certain facilities pursuant to and as set forth in governing documents for each DVC Resort. Such costs are included in the annual dues. The purchase price which you will pay for your Ownership Interest, as well as the payment of annual dues, are not inclusive of all aspects of your vacation-related expenses, and you should anticipate certain other expenses in connection with your vacation use of any Vacation Home at a DVC Resort (such as travel expenses).

Does the bolded section mean that Disney is contractually obligated to maintain bus and monorail services at the resorts? Although an interesting footnote is that it never says WHERE the buses and monorails must go... Buses - I mean Meh. They will be there. But there have been rumors for years about what may happen to our friendly monorail service. I mean not in the next year, but what about the next 10 or 20? But I just noticed that section.

Discuss!!!
 
No, DVC is independent of anything else. Disney could decide to close the parks forever and it wouldn't affect DVC.
 
No, DVC is independent of anything else. Disney could decide to close the parks forever and it wouldn't affect DVC.

Clearly the parks are not included. We have established that. That was not the question,

but when it comes to contracts, the monorail itself (not the parks) is listed as “available to members staying at DVC resorts”. I have you the proof above.

if it’s decommissioned, but what legal basis are they not in breach on contract?
 


Monorail is not guaranteed.

again, you need to give a better argument than that. Yesterday I would have agreed. But read above... it’s explicitly spelled out in the contract.

So explain how it’s not a breach of contract? read the contract.... ok... I did... it’s right above...

Again, not the parks. We all agree they are not in there. But the monorail is.
 
If the Monorail is a guaranteed service and Disney decide to stop it what can be done. Any compensation would be based on what a court would perceive to be damage done by breaking the clause. If alternative transport is made available I would guess that minimal if any compensation was due. The courts won’t force Disney to keep a Monorail service.
 
Your DVC contract has a transportation line item which is the cost of WDW transportation provided to the resort. If WDW didn't offer transportation you would not have to pay for that.

The first two sentences spell out what will be provided vs what is is available.
 


Nothing outside of the condo association is guaranteed. You are reading one part of the contract.

You have no deeded interest in the monorail. DVD has no deeded interest in the monorail.

A summary of the key services available to the consumer (e.g., electricity water, maintenance, refuse collection) and an indication of the amount to be
paid by the consumer for such services:
Water, electricity, refuse, sewerage, natural gas, fire protection, cable and telephone services are/will be provided by the appropriate local agencies. In addition, bus and monorail services are available to members staying at DVC Resorts located at the Walt Disney World Resort. The costs for these services will be included in the annual dues. Please refer to the Estimated Budgets for your Home Resort for more details.

A summary of the facilities available to the consumer (e.g. swimming pool or sauna):
The DVC Resorts offer a variety of amenities which differ from resort to resort, including pools, hot tubs, tennis courts, tot lots, and other recreational and support
facilities. These amenities and facilities may be Common Elements or may be available for use via easements rights granted in the governing documents for the specific DVC Resort, requiring Members to pay their proportionate share of maintaining such facilities, the cost of which is included in Annual Dues for the specific
DVC Resort. Please refer to Part 3 of this document and Section 5 of the Florida Component Site Public Offering Statement for each DVC Resort for more details.

Transport falls under the Component Site Public Offering Statement. It is a big document with a lot of stuff in it.

This is straight out of the VGF public offering statement:

There is no guaranty that any portion of the Grand Floridian Resort & Spa (including restaurants bars and other hotel amenities) or the existing monorail system will continue in operation and The TWDC Companies shall be entitled to cease or modify operations of any portion(s) of the Grand Floridian Resort & Spa at any time. Do not purchase an interest in the Grand Floridian Villas in reliance upon the continued operation of the Grand Floridian Resort & Spa. [Paragraph 5.f.(2) of this Public Offering Statement]

Another key thing is that anything offered as a shared cost service with the resort, if the condo association is forced to pick up total cost, members have to pay for it. That's also in the Component Site Public Offering Statement. So even If someone sued and somehow won that monorail was guaranteed, if DVC had to take on the capital expenses everyone would be very very unhappy with the victory.
 
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Here is how I read it. As long as those services are available to guests of WDW, then those staying at DVC have the right to use them as we will be paying our share for them. So, WDW could not stop offering service to DVC resorts while still offering it to guests of WDW owned resorts,

However, if the monorail broke down and Disney decided to stop it as a service for everyone, then we are no longer entitled to it because it doesn’t exist any longer.

I do not think we are obligating Disney to continue those services, if they no longer offer them to other onsite guests. But, as already stated, we would be on the hook for full costs if someone insisted we had to get them.
 
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Interesting discussion, but is this not mute subject. Disney during COVID has been spending some pretty big dollars renovating the Epcot line--they do not spend dollars to just shut it down. I am sure they are waiting until after capacity is increased to re open the line.
 
This is straight out of the VGF public offering statement:

Another key thing is that anything offered as a shared cost service with the resort, if the condo association is forced to pick up total cost, members have to pay for it. That's also in the Component Site Public Offering Statement. So even If someone sued and somehow won that monorail was guaranteed, if DVC had to take on the capital expenses everyone would be very very unhappy with the victory.

Okay, there is a winning argument (the part you posted from the contract). Good catch!
 
In addition, bus and monorail services are available to members staying at DVC Resorts located at the Walt Disney World Resort.

Ok I'll bite. The language states "are available" which is current terminology. There's no future commitment in that wording. Compare it to the sentence prior to it which uses the language "services are/will be provided"

Water, electricity, refuse, sewerage, natural gas, fire protection, cable and telephone services are/will be provided by the appropriate local agencies.
 

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