Disney Vacation Account User Agreement (last revised )

Transcription

1 Disney Vacation Account User Agreement (last revised ) This is the User Agreement between you and Walt Disney Travel Co., Inc. ( Disney ), the operator of the Disney Vacation Account program (the Program ). Program Basics 1. You can make payments to your Disney Vacation Account (your Account ) on the Program web pages at Disney may change the available payment methods from time to time. Only you may make payments to your Account. 2. You can use the value in your Account to purchase: (i) vacation packages or theme park tickets for the Walt Disney World Resort in Florida by calling (407) or through the web site at (ii) room stays at the following hotels at the Walt Disney World Resort in Florida by calling (407) or through the web site at Disney's Grand Floridian Resort & Spa, Disney's Contemporary Resort, Disney's BoardWalk Inn, Disney's Wilderness Lodge, Disney's Polynesian Resort, Disney's Animal Kingdom Lodge, Disney's Beach Club Resort, Disney's Yacht Club Resort, Disney's Fort Wilderness Cabins, Disney's Port Orleans Resort Riverside, Disney's Coronado Springs Resort, Disney's Port Orleans Resort French Quarter, Disney's Caribbean Beach Resort, Disney's All-Star Music Resort, Disney's All-Star Movies Resort, Disney's Pop Century Resort, Disney's All-Star Sports Resort, Disney's Art of Animation Resort and The Campsites at Disney's Fort Wilderness Resort. (iii) vacation packages or theme park tickets for the Disneyland Resort in California by calling (407) or through the web site at (iv) Disney Cruise Line cruises by calling (407) or through the web site at (v) room stays at Aulani, A Disney Resort & Spa in Ko Olina, Hawaiʻi by calling (407) or through the web site at (vi) vacations from Adventures By Disney by calling (407)

2 When your Account has been open for 60 days or more, you can also use the value in your Account to purchase Disney Gift Cards by calling (407) There are limitations on the number and value of Disney Gift Cards you may purchase. Disney may from time to time permit you to use the value in your Account to purchase other products sold by Disney or its affiliates and to purchase products from Disney or its affiliates through other points of sale. 3. All amounts in your Account are fully refundable. You may close your Account at any time. Disney does not impose an expiration date on the amounts in your Account. 4. Disney will not charge you any fees for the maintenance or your use of the Account. 5. Disney s address, phone number and address for the Program are as follows: U.S. Mail Address: Walt Disney Travel Co., Inc. Attn: Disney Vacation Account P.O. Box 10,000 Lake Buena Vista, FL Street Address: Walt Disney Travel Co., Inc. Attn: Disney Vacation Account 1375 Buena Vista Drive Lake Buena Vista, FL (407) Guest.Service@DisneyVacationAccount.com 6. Your Account is not a reservation for a room, vacation package, cruise, tour or other vacation or travel product or service and does not entitle you to any reservation or any vacation or travel product or service. Pricing that is in effect when you make a reservation and use the value in your Account will likely have changed from the pricing that is in effect when you open your Account and estimate your vacation budget. Also, the vacation and travel products and services that are available when you make a reservation and use the value in your Account may also have changed from the products and services that are available when you open your Account and plan your vacation. When you make a reservation, the terms of your reservation will override any conflicting terms in this User Agreement. For example, the cancellation fee and refund terms of your reservation will apply. 7. In order to open and hold the Account, you must be a resident of one of the fifty states of the USA, Washington, D.C., or Puerto Rico and have reached the age of majority.

3 8. Disney may make refunds to the original payment source(s) used to fund your Account. For instance, if the payments into your Account were made with a credit card, Disney may make the refund by a credit to that same credit card. If a payment into your Account was made with a Disney Gift Card, Disney may make the refund of that payment back to such Disney Gift Card. If you request a partial refund or you use part of the value in your Account and then request a refund of the remaining balance, the refund may be applied to the original payment source(s) in accordance with the following priorities: a. first the refund may be applied to any payments made by Automated Clearing House ( ACH ) withdrawal (if ACH payments were made from more than one bank account, then the refund may be applied starting with the last payment and continuing to the next earlier payments until the refund is fully made or all such payments are refunded), b. next, any unapplied portion of the refund may be applied to any payments made by debit or credit card (if payments were made from more than one debit or credit card, then the refund may be applied starting with the last payment and continuing to the next earlier payments until the refund is fully made or all such payments are refunded), c. lastly, any unapplied portion of the refund may be applied to any payments made by Disney Gift Card (if payments were made from more than one Disney Gift Card, then the refund may be applied starting with the last payment and continuing to the next earlier payments until the refund is fully made). Disney also reserves the right to make refunds by check, regardless of the source(s) of funds in your Account, and to give you a refund of the entire remaining balance when you request a partial refund. Your Responsibilities 9. You agree to keep your Account number and your password for this web site confidential. You agree not to permit any other person to use your Account number or password. You also agree to review each confirmation that Disney sends you regarding your Account and notify Disney of any inaccuracy or error or of any indication of fraudulent or unauthorized activity within 90 days of the date that the confirmation is made available to you. If you fail to do so, Disney shall not be responsible for any losses to your Account that could have been avoided if you had so notified Disney. 10. The Program web pages at and this User Agreement are part of the Disney.com web site. You agree to update on this web

4 site and keep current all information that you have provided Disney or its affiliates, including your address, phone number, and address. Disney may send you confirmations and notices to the address or physical postal address that you have so provided. If such address or physical postal address is not current or valid or for any other reason is not capable of delivering to you any confirmation or notice, such confirmation or notice, when dispatched to such address or physical postal address, shall nonetheless be deemed to be made available to you as of the date of dispatch in the case of and as of the date which is five days after dispatch in the case of mail to the physical postal address. Program Bank Account 11. Disney is not a bank and does not act as agent for a bank. All payments to your Account and all payments made by other customers to other accounts in the Program are combined and held by a bank in a non-interest bearing deposit account (the Program Bank Account ) which is insured by the Federal Deposit Insurance Corporation ( FDIC ). The Program Bank Account is held in the name of Walt Disney Travel Co Inc as Agent For Benefit of Its Customers Participating in the Disney Vacation Account. 12. As of the initial launch of the Program in 2013, Disney maintains the Program Bank Account with JPMorgan Chase Bank, National Association, which has a place of business at 1111 Polaris Parkway, Columbus, OH Disney may move the Program Bank Account to one or more other FDIC insured banks from time to time. 13. The portion of funds in the Program Bank Account attributable to you is insured by the FDIC up to the coverage limits of FDIC insurance. Please understand that not only the portion of funds in the Program Bank Account attributable to you but also any other amounts that you may have on deposit in other accounts with JPMorgan Chase Bank, National Association (or successor bank or banks) may be combined for the purpose of applying the coverage limits of FDIC insurance. If the combined amount exceeds the coverage limits of FDIC insurance, then the excess will not be covered by FDIC insurance. More information on the terms of FDIC insurance can be found on the FDIC s web site. 14. You will not receive interest on your Account. 15. Payments to your Account are not received or held by Disney but instead are deposited directly into the Program Bank Account and are separate from Disney s corporate funds. The Program Bank Account will not be used for Disney s corporate purposes and will not voluntarily be made available to Disney s creditors in the event of Disney s bankruptcy.

5 16. You agree that Disney shall be entitled to the benefits, if any, that the bank or banks make available to Disney as a result of Disney placing the Program Bank Account or Program Bank Accounts at the bank or banks. You assign to Disney any rights to reductions in fees for banking services and any other benefits obtained by Disney as a result of the Program Bank Account, provided that Disney has no beneficial ownership rights in the funds deposited into the Program Bank Account on your behalf. 17. Disney intends to maintain in the Program Bank Account excess amounts based upon anticipated use of Disney Gift Cards by customers to fund accounts under the Program so that, if you use a Disney Gift Card to fund your Account, an amount equal to the amount so funded may immediately be available in the Program Bank Account for your benefit. 18. Disney may impose an automatic seven (7) business day hold on each payment you make to your Account so that the payment may not be used for a purchase or refunded for a period of seven (7) business days after the payment is made to your Account. Disney may further delay the use or refund of any amount which is not received in the Program Bank Account from the financial intermediary. Other Terms 19. You authorize Disney to make any inquiries Disney considers necessary to verify your identity. This may include asking you for further information, requiring you to provide a driver s license number, social security number, information from another government issued document specified by Disney, and other information specified by Disney to verify your identity, and verifying your information against third party databases or through other sources. 20. Disney may freeze your Account and your right to use the value in your Account or receive any refund (i) if Disney suspects fraud, illegal activity, breach of this User Agreement or this web site s Terms of Use or other misconduct, (ii) if there is any uncertainty or conflicting demand regarding the ownership of your Account or its value, or (iii) at the request of any governmental authority. 21. Disney may comply with any legal process relating to you or your Account which Disney believes to be valid regardless of where or how Disney is served or whether service is valid or proper. 22. Disney may at any time and from time to time for any reason or no reason (i) refund all amounts in your Account and close your Account, (ii) refund a portion of the amounts in your Account, (iii) reject or refuse to accept or process one or more payments into your Account in whole or part, (iv) not accept your request to set up an Account or (v) end the Program.

6 23. Disney may make adjustments to your Account to correct any mistakes and to reverse any payments that were not received or that were returned. 24. You may not assign your Account or your rights under this User Agreement without the prior written consent of Disney, which consent may be withheld in Disney s sole discretion, and any assignment without such consent shall be void. You may not change the name on your Account by changing your name in your online profile. Even if you change your name in your online profile, the name on your Account will not change. 25. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DISNEY OR ITS AFFILIATES OR DISNEY S OR ITS AFFILIATES SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT ARISE OR RESULT FROM OR IN CONNECTION WITH THIS USER AGREEMENT, THE PROGRAM, YOUR ACCOUNT, YOUR USE OF YOUR ACCOUNT, OR YOUR INABILITY TO USE YOUR ACCOUNT, EVEN IF DISNEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL DISNEY S AND ITS AFFILIATES AND DISNEY S AND ITS AFFILIATES SERVICE PROVIDERS TOTAL LIABILITY TO YOU EXCEED $100 PLUS A REFUND OF AMOUNTS PAID INTO YOUR ACCOUNT THAT YOU ARE ENTITLED TO FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION,WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, THAT ARISE OR RESULT FROM OR IN CONNECTION WITH THIS USER AGREEMENT, THE PROGRAM, YOUR ACCOUNT, YOUR USE OF YOUR ACCOUNT, OR YOUR INABILITY TO USE YOUR ACCOUNT. THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH 25 AND ELSEWHERE IN THIS USER AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 26. UNDER NO CIRCUMSTANCES SHALL DISNEY, ITS AFFILIATES, OR DISNEY S OR ITS AFFILIATES SERVICE PROVIDERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE IN CONNECTION WITH THIS USER AGREEMENT, YOUR ACCOUNT OR THE PROGRAM RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND THEIR REASONABLE CONTROL. FURTHER, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE THAT ARISES OR RESULTS FROM OR IN CONNECTION WITH THIS USER AGREEMENT, THE PROGRAM, YOUR ACCOUNT, YOUR USE OF YOUR ACCOUNT, OR YOUR INABILITY TO USE YOUR ACCOUNT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

7 27. As used in this User Agreement, Permitted Disney Assignee shall mean a person or entity which, directly or indirectly (through one or more intermediaries), controls, is controlled by or is under common control with Disney. For purposes of the foregoing, "control" shall mean (x) the legal, beneficial or equitable ownership of stock or other rights in the entity in question which entitles the owner to fifty percent (50%) or more of the voting rights or distributions of the entity or (y) the power to direct the management and policies of the entity in question. Disney may at any time and from time to time assign any or all of its rights or obligations under this User Agreement to one or more Permitted Disney Assignees. 28. Disney may at any time and from time to time add provisions to this User Agreement, remove provisions from this User Agreement, or change the provisions of this User Agreement, and each such addition, removal and change (each such addition, removal or change is referred to as an Amendment ) shall become effective and binding on you beginning thirty days after Disney posts such Amendment or the new User Agreement reflecting such Amendment on this web site and makes available to you a notice that the User Agreement has changed, unless you close your Account before such Amendment becomes effective. Notwithstanding the foregoing, Disney may at any time and from time to time with immediate effect and without notice: (i) update the phone numbers and web site addresses specified in Paragraph 2, (ii) add products or points of sale to Paragraph 2, (iii) update the information specified in Paragraph 5, (iv) add countries or jurisdictions to Paragraph 7, (v) change the provisions of this User Agreement to reflect any assignment by Disney to a Permitted Disney Assignee, and (vi) reflect the addition or substitution of a Permitted Disney Assignee in the titling or name of the Program Bank Account or the removal of one or more entities from such titling or name so long as the name of either Disney or a Permitted Disney Assignee remains in such titling or name. 29. This User Agreement and the Terms of Use of this web site constitute the entire agreement of the parties with respect to the subject matter of this User Agreement and supersede any and all previous agreements between the parties, whether written or oral, with respect to such subject matter. In the event of a conflict, this User Agreement will prevail over this web site s Terms of Use. This web site s Privacy Policy shall apply to the treatment of information provided or collected on this web site. 30. This User Agreement is made in and shall be governed by and construed in accordance with the laws of the State of Florida. Any dispute, difference, claim, counterclaim or legal action between you and Disney arising out of or in connection with your Account, the Program or this User Agreement shall be commenced and maintained exclusively in the Circuit Court in and for Orange County, Florida (or if the 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) for trial and determination by the court sitting without jury. The parties hereby consent to the jurisdiction of such court and to the service of process outside the State of Florida pursuant to the requirements of such court in any matter so to be submitted to it, and expressly waive the right to a jury trial. Notwithstanding anything to the contrary contained in this Paragraph 30, the parties

8 further consent to the enforcement of the judgement of such court in all jurisdictions (both foreign and domestic). 31. If any provision of this User Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions. In this User Agreement, the word "including" is used illustratively, as if followed by the words "but not limited to. 32. The section headings and captions in this User Agreement are for reference and convenience only and in no way define or describe the scope or intent of or otherwise affect this User Agreement or its provisions.