Originally Posted By RockyMtnMinnie I'm sure that any agreements that Disney makes with guests to avoid litigation include large amounts of paperwork and a paper trail that could be followed if the guest sues due to Disney not following through on their end. If I were to take one of these deals in leu of filing suit, you can be sure I would have everything in writing.
Originally Posted By demderedoseguys >Rather, this is specifically directed at those quests who would have had often significant legal claims against TWDC and signed away liability in exchange for an apology from management and an invitation for a return visit on Disney to, as TWDC describes it, 'deliver the product we know we have and you have come to expect from us.' With disturbing regularity, once the guest leaves the resort after the incident -- avoidable accident or travel interruption or gross negligence or a combination of this which results in a financial loss to the guest and typically injury -- they either receive notice from Disney's guest services division advising them the offer they accepted was extended in error or when they attempt to use the return offer they are told it is invalid.< I'm not an attorney, but if I had something in writing or was told verbally that I was to be compensated in any way for liability, and then after the fact said compensation or promise was denied, I would think that legal action on the part of my attorney would be warranted. I also would be curious as to the instances where Disney has awarded guests a free stay for a "significant legal claim" and it has been accepted in the first place. I would think for a claim of this type, that an award from a court would far outweigh the offer a free Disney trip.
Originally Posted By Witches of Morva ORDDU: Just in case you aren't too discouraged to come back here again, birdsnworms, duckling, my sisters and I would like to apologize for the rude and unnecessarily bad behavior directed toward you by a few individuals who take way too much pleasure in their own smug superiority complexes. While accusing you of psychoanalizing them, that's exactly what they've been doing to you. Such hypocrisy!! ORWEN: I'm sorry, too, birdnworms, that you had to go through all this negative nonsense on your first posting. Not everybody, here, is likely to treat you so badly. It's only a few bullies who are too full of themselves to realize what they've done. ORDDU: We went back to re-read your first post again--just in case we missed something--and found nothing wrong with it. You merely mentioned some things you've heard about and asked if anyone here had ever experienced anything like it. ORWEN: Then your motives came under attack, along with your whole character. You were called a troll. That's just wrong, wrong, wrong and we hope you know that most of the ducklings around here aren't as bad as that. ORDDU: It often seems that being automatically suspicious of others these days is the 'in thing'. Trying to bully others has always been a nasty tactic, too. Too often that seems to be human nature. We're sure you've seen this just as much as anyone else. But there's no excuse for anyone to be this mean spirited and we're ashamed of those who demonstrated this behavior on this thread. Some day maybe they'll get a dose of the same sort of unpleasant behavior they're so willing to dish out. ORWEN: In the meantime, we hope you heal from the wounds certain others have tried to cause you to have and that you'll keep on coming back here to the Laughing Place Pond. You'll eventually see there are others around here who are more accepting. Hugs and kisses from the cauldron girls! ORGOCH: Got tissues?
Originally Posted By trekkeruss <<rude and unnecessarily bad behavior directed toward you>> Oh puhleeze, give me a break.
Originally Posted By u k fan I'm afraid I don't read the first post the same as the Witches. <<<With disturbing regularity,>>> <<<they either receive notice from Disney's guest services division advising them the offer they accepted was extended in error or when they attempt to use the return offer they are told it is invalid.>>> <<<Frequently, Disney then tenders a fractional offer for what the company terms the guest's "misunderstanding" of what was actually extended.>>> <<<Disney disavows the validity of that contract -- a contract/offer Disney drafted and willingly extended.>>> <<<they simply do not get sued by guests with the great regularity one would expect>>> <<<it seems apparent Disney is aggressively duping many of its guest and loyal fans when things go [often terribly] wrong.>>> All of the above statements are presented as fact with no evidence or background to back them up. Whilst there are questions within the OP's post not everything was presented as such. Given the OP's new status here it is understandable that people might question his/her motives on such a controversial subject. I think it's a very interesting subject, but would like to see some evidence that this happens before I weigh in one way or the other!!!
Originally Posted By danyoung I'd like to enter into evidence my own personal experience with Disney's method of compensating for injury, in this case my own. A couple of years ago I was enjoying the nightly presentation of IllumiNations in Epcot. This was the special Christmas time show, with the extended tag at the end. I was really enjoying watching this amazing fireworks tag, when I felt something bite me on my forehead. I reached up and found that a piece of burning ash had landed on me, and my head was now on fire! I quickly smacked it out, and wasn't really badly hurt - mainly stunned. I went to the emergency counter in Epcot to get a little ointment and to file a report. When I got home I sent in an email to Disney, explaining my situation and asking what they'd like to do. About a week later a very nice lady from Disney Legal called me. She had me go through exactly what happened (she recorded this conversation), and then made it clear that Disney did indeed owe me something for my pain. We talked numbers, and settled in on one (not huge, but then it wasn't that big of an injury). They sent me a check, as well as a release of liability paper to sign, and that was it. I probably could have gone to court, sued, and come away with a larger chunk of change. But I felt that I wasn't hurt that badly, and Disney really stepped up and compensated me at a level that I thought was totally fair. As to the OP of this thread, his complete lack of any anecdotal evidence makes me suspicious. But he sure do write purty!
Originally Posted By ImTempest The people on this site have impressed me many times with their ability to view the facts about Disney objectively. Sure, we are here because we find something special in Disney Magic. On the other hand, if something is wrong the Company gets called to task on it - based on the facts presented, and the facts only. Vague generalizations are shown the door, quickly and in no uncertain terms. I don't know if BNW/OP is a troll or not. I do know that his first post was a "cotton candy" read - all style and no substance. BNW, why don't you just present your case in a straight-forward manner, then ask the question? The people that do that are the ones that get the best responses. I'm just sayin'...
Originally Posted By MPierce Now that Spirit is back from holiday birdn worms could stroke his ego in person.
Originally Posted By bobbelee9 <<Now that Spirit is back from holiday birdn worms could stroke his ego in person>> I'm not sure, but I don't think I like the sound of that. Maybe you could re-word it?
Originally Posted By NikkiLOVESMickey <<I'm not sure, but I don't think I like the sound of that. Maybe you could re-word it?>> I agree with bobbelee. In my town, people get arrested for that sort of thing...or at least the stripper gets compensated for it! LOL
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Originally Posted By RoadTrip Do you have any details on why the "make good agreements" were not honored? Was Disney just being crappy, or did subsequent investigation show that the guest was not entirely truthful when stating the cause or extent of their injury? Disney has DEEP POCKETS and is not afraid of fighting in court. On the other hand, I can't believe they would want the publicity black eye they would take by fighting a settlement someone was truly due. I would guess the agreements people sign probably state that the agreement is null and void if subsequent investigation shows any type of fraud or misrepresentation was involved. I still think there is more to this than meets the eye.
Originally Posted By Mr X ***I understand that people here want to ascribe some nobility and honor to Disney because of the incredible legacy of Walt and his giants.*** See now, here you sound just like the OP, and I don't buy it one bit. I don't have any particular reverence for Disney, any more than I do any of the other bloodsucking corporations out there, I just think that if this is true it's an extremely stupid business practice, one that could cause them a lot of trouble for their hubris one day. Meh.
Originally Posted By Mr X ***They signed the agreement, got their letters from Disney and went home*** Did they keep a copy of the agreement? Did the agreement note exactly what they were receiving in exchange for their signatures? If not, well...duh.
Originally Posted By u k fan My rule of thumb is always to not make any kind of final agreement on-site in any matter that could get legal. There are too many emotions at play for people to be thinking clearly at that point!!!
Originally Posted By danyoung Exactly, uk fan. In my case, the legal paperwork came AFTER we had decided on a settlement. I had no problem with the arrangement.
Originally Posted By FenwayGirl I got 2 free nights back in 2006 (letter)and was able to use these night in 2008. I did have to have the letter to make good on the deal
Originally Posted By Witches of Morva ORDDU: Thank you for your insights about this topic, Spirit, duckling. My sisters and I totally believe that the Disney company is as cut-throat as they come. In today's world, one would have to be naive to believe otherwise. It's not a very pretty picture to have to paint of Uncle Walt's company, but it IS what it is. Very sad, indeed. ORWEN: And maybe--just MAYBE--birdsNworms can't say too much because he or she knows they'd get into trouble if they were any more specific than they have already been.
