Refillable Mugs in 2000

[bicker]

Sorry, but "life" is not specific. It's indefinite (by definition). And this is surely successive performance, if you are trying to use the mugs on successive visits.

Disney has provided notice. It's posted at each refilling station.

 

[fwm]

Sorry, but "life" is not specific. It's indefinite (by definition). And this is surely successive performance, if you are trying to use the mugs on successive visits.

Disney has provided notice. It's posted at each refilling station.

Actually, "life" is specific. It defines the event that triggers termination. It is even used as a definite duration in some statutes, such as copyright duration.

 

[bicker]

Actually, it is an indefinite duration in those statutes. Indefinite definitions are allowed in the law; just not in contracts.

 

[fwm]

Actually, it is an indefinite duration in those statutes. Indefinite definitions are allowed in the law; just not in contracts.

I don't agree, but in any event Disney must provide the notice. What exactly is posted at the fillling station?

 

[bicker]

Something like "Refillable mugs are good only for the duration of your visit."

 

[fwm]

Something like "Refillable mugs are good only for the duration of your visit."

If that is what it says then that would likely be sufficient notice. Is it clear that they post signs that say that as opposed to a tag on the new mug? (I don't use them so I do not know.)

 

[bicker]

The tag was added to the mugs after the posted signs were up for a while -- evidently the posted signs weren't having their intended effect.

 

[fwm]

The tag was added to the mugs after the posted signs were up for a while -- evidently the posted signs weren't having their intended effect.

Part of the problem, though is the notice is directed at purchasers of the mug. It is not directed at someone who may have bought a mug after being told it could be used for life. The notice should state that mugs purchased on previous vistis to the resort can no longer be used.

 

[BBGirl]

Oh my god lawyers aruging the refillable mug question? You guys and gals just crack me up

 

[themudd4]

Gottcha, does it have a bar code or somehting so it knows? not looking to cheat or anything just wondering

I know when we went to blizzard beach last year we got one, it had a bar code, and was good only for the day!

I have never bought a mug from anywhere other than the resort in which I was staying so I dont know the policy's for Blizzard Beach...At the resorts I have stayed at you buy your mug in the food court. The CM will cut off the resriction device that prevents you from filling the mug. Then once paid for it is yours to use for the duration of your stay at your resort. Due to the fact your restriction device is cut off they already know it is good (has been paid for) and you are basically on the honors system as to following the "mug policy". Hope this helps.

 

[Muziqal]

Sorry, but we'll have to agree to disagree then. The mugs were sold for an indefinite duration. However, beyond that, the law is based on common sense and common sense applies.

Sorry, Bicker, but you are speculating and making your own legal interpretations here, correct?

Making a statement like:

The law applies

sounds like you are stating fact and informing all of us of that fact. As we already know you are not an official legal representative for the WDW company (you said your company sells software), did you receive a written response from the WDW Company agreeing with your legal interpretation and how it applies to mug usage and specifically those sold under the old "free refills for life" policy? Please scan it and post the link for us so we too can view the decree.

evidently the posted signs weren't having their intended effect.

Again, speculation, right? How do you "know" the intended effect was to re-write the old policy and have the new policy come into effect for all mugs, old and new? Were you in attendance at the meetings? Do you have the official minutes to provide us?

I applaud you on your research though. But it's merely speculation unless you get it from the source.

As we all know, common sense and written law are two different things. I don't think you can say a law applies to something specific without legal authority, a decree, or written confirmation from the source in question to back up your interpretation. You can't say people aren't allowed to bring back their mug purchased under the "free refills for life" policy. You, from what you have posted, could only say "I don't think people should because that's my interpretation". Maybe we could take it to Judge Judy?

Bicker vs. Muziqal...stay tuned.

 

[tink606]

My DH2B and I have always used our old mugs and have never had a problem with that. We don't even try to hide it from the CM's when were paying for the food. They have never told us no, u can't use that one u have to get a new one and we go to Disney about 4x a year. Again like some people have said, when i purchased our mugs the CM who sold them said they were good for a lifetime, so we thought it was great bargain and purchased them for that reason, so for that reason were gonna keep on using our old ones b/c we feel like were not doing anything wrong.

 

[minnie61650]

Did I imagine it or did the refillable mugs used to be able to be refilled at the issuing resort on future visits? I know this is not the policy now, but was it in 2000?

Thank you!

From this website:

http://www.intercot.com/news/2002/june.asp

News Archive - June 2002

June 27, 2002


Refillable Mug Policy Tightening?
According to the Orlando Sentinel, Disney is experimenting with a new computerized barcode system to be used in tandem with it's refillable mug program offered at their resorts. The program allows guests to buy a mug for each person in their party which then can be used for unlimited drink refills during their stay. The policy change could come as a result of Guests taking the mugs on repeat visits to Disney World to fill up on what becomes basically a lifetime of free drinks for one purchase.
info and discussion here

 

[disneymom3]

:opcorn: Don't you ever just wonder if the folks at Disney corporate are sitting there like this watching their monitors during these endless mug discussions.

"Yep, it's those passionate DISers all wrought up over the refillable mug issue again."

 

[CR Resort Fan 4 Life]

From this website:

http://www.intercot.com/news/2002/june.asp

News Archive - June 2002

June 27, 2002


Refillable Mug Policy Tightening?
According to the Orlando Sentinel, Disney is experimenting with a new computerized barcode system to be used in tandem with it's refillable mug program offered at their resorts. The program allows guests to buy a mug for each person in their party which then can be used for unlimited drink refills during their stay. The policy change could come as a result of Guests taking the mugs on repeat visits to Disney World to fill up on what becomes basically a lifetime of free drinks for one purchase.
info and discussion here

I remember my Dad read that same article on orlandosentinal.com which you are refering to, however there is one thing which that site forgot to mention. When Disney was experimenting with the barcode system it was only for Blizzard Beach & Typhoon Lagoon. So correct me if I am wrong here, but WDW does not have this in place at their Resorts so how can you post something which does not have all the facts (was only planned for the water parks) & turned out to be wrong (this has not happened at the Resorts).

 

[Sammie]

Disney would have to either get rid of self service drink dispensors or station armed guards if they want to stop guests from stealing soda.

You know LewisC lately we agree on more and more.

And that is the main reason its a honor policy which is respected by some and ignored by others.

 

[Cannot_Wait_4Disney]

A google subject search on definite duratioon yielded a ton of stuff. I hit one that cited a case and then looked up that case. I looked up the case in the FSU on-line law library.

City of Homestead v. Beard, 600 So. 2d 450, 453 (Fla.
1992). I found this on Page 8 of a PDF file. Note there was no duration specified, not even a conditional one in the contract apparantely.

"If a period of duration can be inferred from the nature of
a contract and the circumstances surrounding its execution, the
contract is not terminable at will and a court should give effect
to the manifest intent of the parties."

The court in this case cited another case.

In City of Gainesville v. Board of Control, 81 So.2d 5 1 4 (Fla.
1 9 5 5 ) , this Court held that an agreement to furnish water to the
University of Florida without charge, in order to induce the
University to locate in the City, was not terminable at will
despite the lack of a provision as to the duration of the
agreement. The Court held that because the University had
performed under the agreement, the agreement was to remain in
effect until the University left Gainesville.

This can also clue us in as to what constitutes a definite duration. A conditional event such as Until the University left Gainesville or
For the life of the mug indeed appears to be interpreted as being of definite duration in the state of Florida from these even if it is only implied rather than directly specified.


I didn't look up the rules in every state, but in all of them I've spent any length of time in, I see agreements that terminate conditionally upon an event all the time and they seem to be enforced.

Some examples.
These restrictions and covenants shall run with the land unless modified by the association under section blah blah blah until the death of President Ronald Wilson Reagan.
Free oil change for the life of the car, does not include oil and filter.
Free checkups every 15,000 miles, does not include parts and labor for maintenance or repairs.
Free Tire rotation for the life of the tire.

.

 

[Sammie]

Has anyone been able to prove there ever was a guarantee of refills for life other than hearsay. Was it ever in writing? Was it printed on the receipt, I know it was not on the mugs? Does anyone have a photo of a sign at the food court that stated this policy?

I am not saying it did not exist, I was just curious as I can find no proof of it. We were never told this and we have gone every year for over 25 years. Surely in all that time we would have seen something to this affect.

 

[Cannot_Wait_4Disney]

Has anyone been able to prove there ever was a guarantee of refills for life other than hearsay. Was it ever in writing? Was it printed on the receipt, I know it was not on the mugs? Does anyone have a photo of a sign at the food court that stated this policy?

I am not saying it did not exist, I was just curious as I can find no proof of it. We were never told this and we have gone every year for over 25 years. Surely in all that time we would have seen something to this affect.

That's the kicker I didn't deal with in my post above because I just can't say definitively whether any individual had such an agreement or not seeing as how in none of their cases was I a witness to the transaction. I guess it would be up to a court to decide whether said agreement existed expressly or implied and it would depend upon witnesses that could be rounded up, etc assuming someone would sue over $12 or Disney would nail someone over using the mug in question I suppose. But in the meantime, unless one has evidence to the contrary, I'm not going to sit here and tell them what they agreed to.

Now if someone walks in and says they bought a mug in october of 2005, I darn well know theirs isn't good for life and won't hesitate to say so.

 

[CR Resort Fan 4 Life]

I remember seeing on the soda machine at the Food & Fun Center that said refillable mugs good for life. I don't expect everyone to belive me but I do remember seeing that so if you want proof that mugs use to be good for life then there it is.