WALT DISNEY TRAVEL COMPANY TERMS AND CONDITIONS FOR WALT DISNEY WORLD® RESORT
Please be advised that in the event any changes are made to the reservation including, but not limited to, changes in travel dates, updated Terms and Conditions may apply to the modified reservation. PLEASE READ CAREFULLY. THESE TERMS & CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING YOUR WAIVER OF LIABILITY AND ASSUMPTION OF RISK RELATING TO EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE, CLASS-ACTION WAIVER, AND AGREEMENT TO BINDING ARBITRATION.
- All prices are in U.S. dollars and are subject to change until package is paid in full. Prices are for the total package and cannot be broken down into individual package component prices. After package is paid in full, package price is subject to change due to imposition of taxes or other governmental requirements. Prices are also subject to change due to modifications to package or package components. Everyone on the same reservation must be on the same package. Additional adult charges may apply for more than two adults per room.
- Reservations must be booked a minimum of 5 business days prior to guest arrival except that certain Disney Resort Hotel packages may be booked up to 1 business day prior to guest arrival.
- Reservations are not accepted until confirmed by a confirmation number.
- If any portion of the package is fulfilled by a third party travel supplier (such as a hotel operated by a third party), by booking the package, you understand that Disney may provide guest personal information to the supplier for its independent use to fulfill the reservation.
- All guests’ full, legal names (including children) are required at the time the reservation is made. Children’s ages are also required at the time the reservation is made.
- Name changes are permitted up to one (1) day before arrival as long as the lead name on the reservation remains the same. Reservations and package components are nontransferable.
Deposit and Payment Procedures
- For reservations made 31 days or more prior to guest arrival, a deposit of $200 per reservation will be due and must be received by Walt Disney Travel Co., Inc. (“Disney”) within 3 days of booking the reservation or the reservation will automatically be cancelled. The total price of travel protection plan is also due at the time the plan is requested. For reservations that include runDisney race registrations, the cost of such race registrations is due at the time of booking. Payment in full is due to Walt Disney Travel Co., Inc. 30 days prior to guest arrival.
- For reservations made 30 days or less prior to guest arrival, payment in full is due to Walt Disney Travel Co., Inc. at time the reservation is made.
- Payment may be made with a valid payment card, check, money order, bank wire transfer or ACH. Please see invoice for instructions on how to send payment.
Cancellation and Refunds
- For cancellations made 30 days or more prior to guest arrival, amounts paid, minus cancellation fees assessed by third party hotels or other suppliers, non-refundable runDisney race registrations, non-refundable travel protection plan costs, and other amounts owed, will be refunded.
- For cancellations made 2 days to 29 days prior to guest arrival, amounts paid, minus a cancellation fee of $200.00 per package and minus any cancellation fees assessed by third party hotels or other suppliers, non-refundable runDisney race registrations, non-refundable travel protection plan costs and other amounts owed, will be refunded.
- For cancellations made 1 day or less prior to guest arrival or for no-shows, the full price of the package is non-refundable.
- No refunds are given for cancellation of any personalized products or experiences.
- No refunds will be made for early departure from hotel and for unused or partially used admission tickets, options or features, including meals.
- Any refunds allowed by Disney in its sole discretion after arrival must be requested in writing within 90 days after departure and may be assessed a $25 processing fee.
- Disney reserves the right to make refunds in accordance with the method that payment was received. All appropriate refunds will be made through the guest’s travel agent if payment was made by the travel agent. Disney is not responsible for the receipt of refunded monies by guests from their travel agents.
Change Fees and Changes to Reservations Made Prior to Guest Arrival
- Changes to Reservation – Changes to reservation, including but not limited to change in travel dates, length of stay, party size or hotel accommodations, are subject to availability and the prices applicable at the time the change is requested and guest is responsible for paying any increase in price resulting from the change. In addition, changes made 30 days or less prior to guest arrival are also subject to a change fee of $50 per package plus any change fees assessed by third party hotels or other suppliers.
- If changes are made to the package including, but not limited to, changes to travel dates, package is subject to the Terms and Conditions applicable to packages at the time the change to the reservation is made and, in the case of changes to travel dates, pricing applicable to the new travel dates.
- Hotels and/or suppliers do not permit changes in certain situations.
- Disney reserves the right to restrict changes to any reservation.
Travel Protection Plan
- If guest has purchased travel protection plan, the cost is refundable within 14 days (30 days for residents of Utah) after the date the plan is added to the package as long as guest has not filed a claim or has not departed on the trip. Please see the Certificate of Insurance for your state of residency for details on refunds and terms, conditions and exclusions at www.affinitytravelcert.com/docs/DSP01.
- For guests with an address in the U.S. who make their reservation 11 days or more prior to guest arrival, travel documents (such as vouchers, Magical Extras cards and other fulfillment cards) will either be sent by mail or email prior to arrival, subject to receipt of final package payment in full.
- All other guests, including those residing outside the U.S., will receive vouchers, Magical Extras cards and other fulfillment cards at the guest’s hotel.
- Additional fees may be charged for the replacement of any lost or misplaced travel documents.
- For third party hotel packages, Guests can pick up Disney theme park attraction tickets and certain other fulfillment cards at the guest’s hotel.
- Guests with Disney Resort Hotel packages may have entitlements linked to an account they create online (“Disney account”) and ticket and other entitlements will be fulfilled via your radio frequency card, or if you have purchased a MagicBand and linked it to your reservation, your MagicBand.
- Title to the documents, including any radio frequency devices, passes in Lake Buena Vista, Florida upon delivery of the documents to the shipper or the mailing of the documents. Recipient is responsible for any duty or custom charges or expenses. Persons who are requesting documents to be shipped to friends or family members outside the USA should so note. Vouchers, if applicable, must be presented at time of use.
Attractions, Tickets and Features
- Parks, restaurants, attractions, recreation, entertainment, and other products, services, experiences, offerings or items are subject to change without notice, cancellation, and may close or be limited for any reason, including due to rehabilitation, refurbishing, capacity, seasonal considerations, inclement weather, government or other authority guidance or order, pandemic-related restrictions or special events and may otherwise change or be discontinued without notice and without liability to the owners of the Walt Disney World® Resort. Ticket media is not valid for special or premium events or other activities which are separately priced. Admission entitlements are non-transferrable, not for resale, and must be used by the same person on any and all days. Age restrictions apply for access to certain facilities. Guests must be 21 years of age or older with valid proof of age to redeem alcohol entitlements.
- Features for all packages are subject to change and may be based on features available on date of guest arrival, not those in effect at time the package reservation is made.
- Costs for parking (self and valet) at certain locations, incidentals, gratuities, child care and any other items not specifically listed as part of the package components are not included in the package price.
- Guests may be required to have a park reservation in addition to valid admission to visit a park. Park reservations are non-transferrable and void if transferred or sold.
General Conditions and Responsibility
- Disney, its directors, officers, employees, subcontractors, agents and representatives, shall at no time be liable or responsible in any way whatsoever for any loss, injury, or damage caused or arising in connection with any transportation, hotel or other services or products of third parties provided through Disney, or as a result of acts of God, acts of Government or other authorities, pandemic or other health and safety circumstance, wars, civil disturbances, hijacks, thefts, or any circumstance beyond its control. Disney reserves the right to accept, retain, decline or cancel any reservation, any feature or component of the package or any guest as a participant in its packages at any time and for any reason, including but not limited to, a mistake or error in price or description of the package or a feature or component of the package, or where it appears that a guest has engaged in fraudulent or misleading activity in making the reservation. If a reservation, package, or a feature or component of a package is cancelled by Disney, Disney shall have no responsibility beyond the refund of monies paid related to the cancellation of that portion that was cancelled by Disney. The terms and conditions of any transportation services provided by car rental agencies shall be as represented by those third parties. Terms and conditions are subject to change by Disney without notice. If these Terms and Conditions contain any provisions construed to be unenforceable or unlawful by a court of competent jurisdiction, the same shall be deemed modified to conform to applicable law, or if this would cause an unreasonable result, such provision shall be stricken from these Terms and Conditions without affecting the binding force and effect of any of its other provisions.
- By entering Walt Disney World Resort, guests are confirming that guest and all persons in their party: (i) are not experiencing any of the following symptoms of COVID-19 identified by the Centers for Disease Control and Prevention at CDC.gov, including: fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea; (ii) have not been in contact with someone with confirmed or suspected COVID-19 symptoms without completing a 14-day quarantine; and (iii) are not under any self-quarantine orders. Guests who cannot confirm all of the above criteria must not enter Walt Disney World Resort. If at any point during their visit, a Guest does not meet all of the above criteria, they and their traveling party will be required to isolate and may be relocated or asked to leave the property.
- All sales of packages take place in and are consummated in the State of Florida. Any claim, action or lawsuit (collectively, “Action”) arising out of these Terms and Conditions, reservations and bookings, and/or all packages, products and services provided in connection with the reservations and bookings, including without limitation, components such as tickets, park admissions, packages, photo media, radio frequency devices and room accommodations must be filed and maintained exclusively in any court in Orange County, Florida having subject matter jurisdiction; provided that the COVID-19 and Other Communicable/Infectious Disease Provision, shall be subject to its own terms and conditions, including venue, set forth below.
- Check-in time is generally between 3 and 4 p.m. (some hotels have check-in after 4 p.m.), and check-out time is usually between 11 a.m. and 12 noon.
- Guest must be 18 years of age or older to check in.
Room Location and Information
- Adjacent rooms, connecting rooms or specific room location and types of rooms or bedding are on a “request basis only” and are subject to availability at the time of check-in. These requests for specific room type or location may result in additional charges to be paid directly to the hotel.
- Disney owned and operated resort hotels and Disney Vacation Club resorts are smoke free environments. Smoking is allowed in designated outdoor smoking locations only. A room recovery fee will be charged for smoking in guest rooms, on balconies or on patios.
- Please be advised that at Disney owned and operated hotels, notwithstanding your use of a sign on your door, a request by you to forgo housekeeping services or any other request made by you, the hotel and its staff reserve the right to enter your room for any purpose including, but not limited to, performing maintenance and repairs or checking on the safety and security of guests and property. The hotel staff will give reasonable notice prior to entry by knocking and announcing the intent to enter the room.
- Disney reserves the right to accommodate Guests to a comparable or upgraded hotel in Disney’s discretion.
- The maximum continuous stay for any guest at any single Disney Resort hotel, including campground locations, is 30 days. A guest wishing to rebook a stay in the same hotel after an initial 30 day stay (whether done through one or multiple reservations), cannot book another stay at the same hotel for a period of 28 days after the initial stay. Disney reserves the right to decline, accept, retain or cancel any reservation or any guest, subject to applicable law, at any time and for any reason, including but not limited to, a mistake or error in price or description of the hotel, or where it appears that a guest has engaged in fraudulent or misleading activity in making the reservation. If a reservation is cancelled by Disney, Disney shall have no responsibility beyond the refund of monies paid related to the cancellation.
Guests with Disabilities
- For Guests with disabilities who require accessible accommodations, specific information and assistance can be requested through Disney regarding accessible room availability, bedding options, amenities, restrictions, and advance reservation notice requirements. Disney will also contact its third party hotel provider(s) on a Guest’s behalf as necessary. All accommodations are subject to availability.
- Renter must be at least 21 years of age, a per day underage fee will apply for renters 21-24 years and will be assessed at the rental counter. Renter must present a valid driver’s license and a major credit card in his or her name; other standard rental qualifications may apply. Cash customers are required to leave a deposit and must meet current standard cash qualification requirements. Car must be rented for a minimum of one 24-hour period. Car rental includes unlimited mileage. Drop-off charges may apply if the vehicle is returned outside the State of Florida and drop-off charges may also apply if the vehicle is returned in Key West. Drop-off charge is payable at the time of rental. Child restraint seats must be used for children up to age 6. Child restraint seats must be requested at the time the reservation is made and will result in an additional charge. Seat belts should be used by all passengers. Additional days, Additional Driver Fee, Child Restraint Seats, Collision Damage Waiver, Extended Protection and Carefree Personal Protection, optional refueling service and any other charges are extra. Other terms and conditions may apply.
- If Memory Maker has been purchased as part of the package please visit https://disneyworld.disney.go.com/photopass for details, restrictions and conditions.
Disney Genie+ Service
- If Disney Genie+ service has been purchased with the ticket, the following terms and conditions shall apply:
- Non-transferable, and revocable, and may not be redeemed for cash in whole or in part.
- Disney Genie+ attractions and experiences (collectively, “experiences”) and arrival windows are limited, and subject to availability and change, downtime, delay or closure without notice or liability, and entrance to an experience is not guaranteed. Experiences may vary by date, are subject to change, and may not be available at all on the date of visit or at the time you make a selection. Availability of experiences can change throughout the day. Disney reserves the right to modify, re-schedule, re-assign or cancel any selection in the event of a change in operating hours, experience downtime or closure, or park closure.
- Guests are responsible for reviewing all attraction restrictions and advisories, including height requirements, health and safety advisories and accessibility guidelines, prior to purchase. Some experiences and attractions may not be appropriate for some guests with health conditions.
- Wait times are estimates generated using a variety of factors. Wait time estimates can vary significantly from the wait time you may experience, and are subject to frequent changes within each day due to a variety factors such as attendance, guest interest, weather, and attraction downtimes. Because we cannot guarantee the accuracy of these wait time estimates you should not rely on them when making purchase decisions.
- Guests may make the first Disney Genie+ experience selection at 7am on the date of visit and may only select the next available arrival window for an experience, one experience at a time. Guests may not select the same experience more than once per day, and experience and arrival window selections are limited and subject to availability. Disney PhotoPass features, such as Disney PhotoPass lenses, may be limited and are subject to restrictions and the Disney PhotoPass terms and expiration policy.
- A Disney account and eligible mobile device are required for day-of purchases of the Disney Genie+ service, and to make experience selections and to redeem other features on the day of visit in the English language only My Disney Experience app.
- Valid admission and theme park reservation for the same park and same date are required for the day that the Disney Genie+ selections are redeemed. The Disney Genie+ entitlement is not valid for admission to any theme or water park.
- The valid theme park admission associated with your Disney account and used to make your Disney Genie+ service purchase and experience selections must be the same theme park admission that you use for park entry on the day the experience selections are redeemed.
- Each experience selection allows one (1) guest to enter the experience using the Lightning Lane entrance, or other Disney designated entrance, once on the date of redemption during regular park hours and during the selected arrival window only. Guests may not enter before or after the arrival window, and the experience selection expires at the end of the arrival window.
- All Disney Genie+ entitlements expire at the end of the day for which they were purchased.
- Other restrictions and rules may apply. Disney Genie+ entitlements and experience selections may not be transferred, substituted, or sold or bartered, and are voidable upon transfer or sale. Disney reserves the right to restrict or eliminate the ability to make purchases or experience selections without liability if these terms are violated.
- Price, terms, features and entitlements are subject to restrictions, and change or cancellation without notice.
- Products and services are intended for use in the U.S. only.
COVID-19 And Any Other Communicable Or Infectious Disease: Liability Waiver, Class-Action Waiver, Binding Arbitration, And Other Provisions
By purchasing an admission ticket(s) or pass(es), by making a park, resort, and/or hotel reservation(s) and/or by participating in a tour(s), meeting(s) and/or event(s), and in consideration thereof, and in consideration for being able to visit and/or participate in attractions, transportation, activities, tours, meetings and events at the Walt Disney World® Resort, I agree, understand, and acknowledge, on my own behalf and on behalf of any individual who uses a ticket, pass, or reservation made by me or who accompanies me to a tour, meeting or event, as follows (collectively, the “COVID-19 and Other Communicable/Infectious Disease Provision”):
Assumption Of Risk
- I acknowledge that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present. “Communicable disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions might be at higher risk for severe illness and death from COVID-19. I acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that I will expose others that I later encounter, even if I am not experiencing or displaying any symptoms of illness myself. By visiting and/or participating in attractions, transportation, activities, tours, meetings and events at the Walt Disney World® Resort, I agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of myself or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties, named below. I acknowledge that my visit and participation are entirely voluntary.
- On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge the Released Parties, named below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during my visit to and/or participation in attractions, transportation, activities, tours, meetings and events at the Walt Disney World® Resort. This waiver of liability and the assumption of risk set forth above is intended to be as broad and inclusive as is permitted by law.
Acknowledgment Of Assumption Of Risk And Waiver By Other Users
- I attest, acknowledge, and agree that any individual for whom I have bought a ticket or pass or made a reservation or who uses a ticket, pass, or reservation made by me or who accompanies me to a tour, meeting or event has independently and carefully read this COVID-19 and Other Communicable/Infectious Disease Provision and has knowingly and independently acknowledged and agreed to all its provisions, including without limitation (1) to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of himself, herself, or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties, named below, and (2) to agree, on his or her own behalf and on behalf of his or her heirs, executors, personal representatives, administrators, and assigns, to forever waive, covenant not to sue, release, and discharge the Released Parties, named below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active, or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during his or her visit to and/or participation in attractions, transportation, activities, tours, meetings and events at the Walt Disney World® Resort.
- I acknowledge and agree that any individual for whom I have bought a ticket or pass or made a reservation or who uses a ticket, pass, or reservation made by me is and is intended to be a third-party beneficiary of that ticket, pass, or reservation made by me.
Waiver of California Civil Code § 1542
- I acknowledge and agree that I am familiar with, understand, and do waive any rights and benefits of the provisions of Section 1542 of the California Civil Code, and any similar provisions of other jurisdictions, which provides that:A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
- On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to indemnify and hold each of the Released Parties harmless from and against any and all claims made or incurred by anyone, including myself and any individual who uses a ticket, pass, or reservation made by me, or who accompanies me to a tour, meeting or event, arising out of or in any way relating to my purchase of an admission ticket(s) or pass(es), my making of a reservation(s), and/or my participation in a tour(s), meeting(s) or event(s) and subsequent visit to and/or participation in attractions, transportation, activities, tours, meetings and events at the Walt Disney World® Resort and arising out of any and all risks described above in the section titled Assumption of Risk or in any other way related to exposure to COVID-19 and any other communicable or infectious disease, wherever such activities may occur and whether suffered before, during, or after such participation. My indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals. I understand and agree that I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit relative to my visit to and/or participation in attractions, transportation, activities, tours, meetings and events at the Walt Disney World® Resort, and that I am solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my visit to and/or participation in attractions, transportation, activities, tours, meetings and events at the Walt Disney World® Resort, at my own expense.
- I agree that the Waiver and Indemnity provided for in this COVID-19 and Other Communicable/Infectious Disease Provision shall cover all physical and emotional injuries and/or damages, including without limitation all illness and bodily injury (including death), whether suffered by me or anyone else before, during, or after my visit and/or participation. Additionally, I agree that the scope of the Waiver and Indemnity shall include any claims related, in whole or in part, to my own actions and the actions of third parties, whether foreseeable or unforeseeable.
- The Waiver and Indemnity provided for in this COVID-19 and Other Communicable/ Infectious Disease Provision applies to any and all visitation to and/or participation in attractions, transportation, activities, tours, meetings and events at the Walt Disney World® Resort and/or presence on the Released Parties’ property arising out of the purchase of an admission ticket(s) or pass(es), the making of a reservation(s) and/or the participation in a tour(s), meeting(s) and/or event(s) pursuant to which I and the Released Parties agreed to this COVID-19 and Other Communicable/Infectious Disease Provision, from the date of execution.
- The Released Parties are: Walt Disney Parks and Resorts U.S., Inc.; Disney Destinations, LLC; Disney Vacation Development, Inc.; Disney Vacation Club Management LLC; Disney Business Productions, LLC; and their respective parents, subsidiary, and other affiliated or related companies, and all officers, directors, employees, shareholders, members, agents, contractors, sub-contractors, representatives, successors, assigns, insurers, and volunteers of each of the foregoing entities.
- If any provision or part thereof of this COVID-19 and Other Communicable/Infectious Disease Provision is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken from this COVID-19 and Other Communicable/Infectious Disease Provision without affecting the binding force or effect of any other part or provision.
- I AGREE THAT, UPON ELECTION BY EITHER PARTY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING UNDER OR RELATING IN ANY WAY TO THIS COVID-19 AND OTHER COMMUNICABLE/INFECTIOUS DISEASE PROVISION OR EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE DURING MY VISIT TO AND/OR PARTICIPATION IN ATTRACTIONS, TRANSPORTATION, ACTIVITIES, TOURS, MEETINGS AND EVENTS AT THE WALT DISNEY WORLD® RESORT, NOW OR IN THE FUTURE, WILL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR ANY OTHER CLAIMS, WHATEVER THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF). I ACKNOWLEDGE AND AGREE THAT ARBITRATION REPLACES MY RIGHT TO GO TO COURT. I THEREFORE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO LITIGATE ANY CLAIMS IN COURT BEFORE A JUDGE OR JURY. I AGREE THAT I THEREFORE WAIVE ANY RIGHT TO LITIGATE ANY CLAIMS IN COURT AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL). I ALSO AGREE TO WAIVE ANY RIGHT TO PURSUE IN ARBITRATION ANY CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL), OR TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE A JUDGE OR JURY. I ALSO AGREE THAT NO ARBITRATION OR PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATIONS OR PROCEEDINGS.
- The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or the formation of this COVID-19 and Other Communicable/Infectious Disease Provision, including the arbitrability of any dispute and any claim that all or any part of this COVID-19 and Other Communicable/Infectious Disease Provision is void or voidable.A. In the event of a dispute, I agree to send a notice of dispute, which is a written statement that sets forth my name, address, and contact information; the facts giving rise to the dispute; and the relief requested to the Released Parties at 500 South Buena Vista Street, Burbank, California 91521-7620, USA, Attention: Legal. The Released Parties will send any notice of dispute to me at the contact information that they have for me. The Released Parties and I will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, the Released Parties or I may commence an arbitration proceeding. I may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not I negotiated informally first.B. If the Released Parties and I do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in the State of Florida; provided, however, that if circumstances prevent me from traveling to the State of Florida, JAMS may hold an in-person hearing in my hometown area. The Released Parties and I agree to submit to the exclusive jurisdiction of the federal or state courts located in the State of Florida in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to me individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy my individual claim. In accordance with the JAMS Rules, the party initiating the arbitration (either me or the Released Parties) is responsible for paying the filing fee. However, if the arbitrator issues me an award of damages and: (a) that award is greater than the amount of the Released Parties’ last written settlement offer; or (b) if the Released Parties did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, the Released Parties will reimburse me for the filing fees I incurred.
- Except as provided above with respect to jurisdiction in the State of Florida, nothing in this arbitration provision shall be construed as consent by the Released Parties to the jurisdiction of any other court with regard to disputes, claims, or controversies unrelated to this agreement.
- This agreement to binding arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs its interpretation and enforcement. This agreement to binding arbitration will survive its termination. If any portion of this agreement to binding arbitration is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
Venue But For Arbitration
- In the event that neither party elects to resolve disputes under binding arbitration, as provided above, any legal action arising out of or relating to this COVID-19 and Other Communicable/Infectious Disease Provision shall be commenced exclusively in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida (or if such Circuit Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in said county and having subject matter jurisdiction). In any such action, I specifically waive any right to bring a class action or other representative or collective action (such as an action in the form of a private attorney general). I SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY.
- These terms and conditions, including the COVID-19 and Other Communicable/Infectious Disease Provision, shall be governed by the laws of the State of Florida.
TERMS AND CONDITIONS OF MY MICKEY VACATION TRAVEL AND/OR DREAMS FULFILLED TRAVEL
I have reviewed the dates, times, payment due dates, and cancellation policy for reservations made on my behalf by My Mickey Vacation Travel, and I agree that they are correct and accurate. Notice: Passenger(s) are required to carry proper identification when traveling. You as the traveler are responsible for understanding & obtaining the proper travel documents in advance of your travel commencement.
My Mickey Vacation Travel acts as a sales agent for any airline, hotel, car-rental company, tour operator, cruise line, or other service provider named in your itinerary (“Suppliers”). My Mickey Vacation Travel is not responsible for acts or omissions of the Suppliers or their failure to provide services or adhere to their own schedules. For Walt Disney World travel, I give my express permission to representatives of My Mickey Vacation Travel to create a My Disney Experience account on my behalf on the Disney website for purposes of planning my vacation. I understand that my representative from My Mickey Vacation Travel will review all privacy settings with me, and will provide all information necessary as it relates to integrated experiences while at Walt Disney World, including but not limited to dining and other features. I also understand and agree that I may opt out of any integration with my experience at Walt Disney World. I agree to all of the terms and conditions of My Disney Experience as found at http://disneyworld.disney.go.com/media/park-experience-terms-andconditions.html, and authorize my representative of My Mickey Vacation Travel to accept these terms on my behalf.
My Mickey Vacation Travel assumes no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers; or (3) any wrongful or negligent acts or omissions on the part of any other party not under My Mickey Vacation Travel’s control. You hereby release My Mickey Vacation Travel from all claims arising out of any problem covered in this paragraph.
You agree that the courts in Orange County, Florida will be the exclusive jurisdiction for all claims brought by you or My Mickey Vacation Travel, and you hereby submit to the personal jurisdiction of those courts.
Fee Based Services: My Mickey Vacation Travel offers fee-based travel planning services which are separate and distinct from the booking services provided as an agent of any supplier. Fee bases services are available for consulting and itinerary planning. Any and all planning fees will be discussed in advance between the travel agent and the client. Fees for such services will be collected by My Mickey Vacation Travel via credit cards through a secure merchant service. At no time will My Mickey Vacation Travel ever use our merchant service to collect a travel deposit on behalf of a supplier. My Mickey Vacation Travel will be held harmless, assumes no liability, and expresses no warranty as to these services. Although every effort will be made by My Mickey Vacation Travel to obtain any and all requested advance dining reservations, if requested, My Mickey Vacation Travel can not be held liable for any inventory issues on behalf of the suppliers that prohibit the obtaining of specific reservation times.
I further understand and acknowledge that travel to many parts of the world may involve the risk of a variety of hazards to my health and/or safety, including but not limited to disease, crime, terrorism, and warfare. Because each traveler’s risk tolerance is different, [your travel agency name] is not in a position to advise me whether I should travel to any particular place at any particular time. Rather, to assist me in making an informed decision, I should refer to objective third-party sources of travel information, such as that maintained by the U.S. Department of State (travel.state.gov). For medical information, My Mickey Vacation Travel recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel.
I will review my travel documents for accuracy upon receipt and understand that I may contact My Mickey Vacation Travel if I have any questions. I understand that discounted fares typically involve restrictions and that changing any aspect of my travel arrangements may result in the payment of additional money.
I have been advised to use a credit card as this may offer me the opportunity to dispute the charge should a vendor cease operating.
I understand that the Transportation Security Administration (TSA) requires me to carry a government-issued identification card in order to board a flight. I have been advised that the name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on my airline ticket and in my booking records. I acknowledge that my failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing me to miss my flight. I further acknowledge that beginning on October 1, 2020, I must present a driver’s license or another form of identification that complies with the requirements of the Federal Real ID Act (see www.dhs.gov/real-id for more information).
I understand that if traveling internationally, I must have a valid passport and, depending upon my destination and nationality, I may need to obtain one or more visas.
Note to Client: Passport and visa information may be obtained by contacting the Travel Agent Section of the U.S. State Department at 202.647.5225 or by visiting the State Department’s Web site at travel.state.gov. Non-U.S. passport holders should be sure to contact the embassies of their destination and transit countries to obtain entrance requirements. To obtain medical information, you may contact the Centers for Disease Control at 404.332.4559 or visit the CDC’s Web site at www.cdc.gov
I understand that the airline tickets, air tours or other products I am purchasing are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. I acknowledge that I may be charged additional sums by [your travel agency name] to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange markets or any combination thereof. I hereby consent to any post-purchase price increases and authorize [your travel agency name] to charge my credit card for such additional amounts.
COVID-19 DISCLAIMER AND RELEASE
- Health and Other Hazards: You agree that it is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risks of COVID-19. We assume no responsibility for and shall not be liable for unsafe conditions or health hazards including pandemics or other illnesses. We have no special knowledge of dangers during travel or at destinations. For information related to such dangers, we recommend going to the State Department travel website at www.travel.state.gov, click on “Find International travel Information” then click on “Country Information”, and fill in the name of the destination country. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel, then click on “Destinations” and scroll to the name of the destination country.
- Vaccination Requirements and Other Rules: We have no responsibility for COVID-19-related requirements that travel suppliers and governments may impose from time to time, such as required vaccinations, health affidavit forms, COVID-19 screenings prior to departure or upon arrival, face coverings, or quarantines. For the latest COVID-19 government travel regulations, we recommend going to IATA’s website at https://www.iatatravelcentre.com/international-travel-document-news/1580226297.htm. For the latest travel supplier requirements, check the website of each supplier, and keep checking because these rules are constantly changing, and we are not responsible for those changes.
- Financial Condition of Travel Suppliers: We are not responsible for the acts or omissions of travel suppliers or their failure to adhere to their own schedules, provide services or refunds, financial default, or failure to honor future trip credits. We have no special knowledge regarding the financial condition of the suppliers, and we have no liability for recommending a trip credit in lieu of a refund.
- Rebooking: If requested, we will assist with obtaining any refunds due or rebooking trips using future credits, but we will charge a nonrefundable fee for such services.
- Insurance: For your protection, we strongly recommend that you purchase trip cancellation and travel accident insurance. Please note that, unless you buy a cancel-for-any-reason policy, most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. No representation or description of the insurance made by our staff constitutes a binding assurance or promise about the insurance. You agree to hold us harmless for your election not to purchase travel insurance or for any denial of claim by travel insurer as it relates to COVID-19 or any other claim under the policy.
- RELEASE: YOU HEREBY EXPRESSLY ASSUME ALL OF THE RISKS AND DANGERS COVERED IN PARAGRAPHS 1-3 ABOVE, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US, AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES, GROUP LEADERS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH THESE RISKS AND DANGERS.
Claims Deadline and Exclusive Jurisdiction: You agree to present any claims against us within 30 days after your trip ends and to file suit within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. You agree that the courts in Orange County, Florida will be the exclusive jurisdiction for all claims brought by you or us, and you hereby submit to the personal jurisdiction of those courts.
I understand that I may purchase travel insurance to cover certain risks inherent in travel such as supplier bankruptcy and the inability to travel due to a medical or personal emergency.