With the announcement that Disneyland Magic Key passes will soon be available for renewal, Disneyland has taken the time to update its terms and conditions. It looks like the terms and conditions were updated to address ongoing litigation over the park reservation system where Disneyland is being sued over misleading and deceiving language. Here are a few notable changes to the terms and conditions. (h/t Scott Gustin)
Class Action Waiver
Disneyland added an entirely new section to the terms and conditions that says that Magic Key passholders waive the right to litigate or arbitrate any claims as class action lawsuits. Here are the terms, in part:
Park Reservation Terms
With the August 15th update to the terms and conditions, there is more granular detail about the terms and conditions surrounding park reservations. Here is the updated language, which didn’t exist in the old terms:
With the purchase of a Pass, Passholders become eligible to make park reservations to visit during their Pass term. Pass blockout dates are dates on which a pass type is not valid for park admission and not eligible to make or hold any park reservations. Pass blockout dates are different for each Pass type and should be reviewed before the purchase or renewal of a Pass. Park reservations for Passholders are limited in number and subject to the availability of park reservations allocated to Passes as determined by Walt Disney Parks and Resorts U.S., Inc. (“Disney”), applicable Pass blockout dates, and theme park capacity. Disney allocates daily park reservations among Passes and daily theme park tickets, and therefore makes available to those Passholders eligible to make reservations for a particular day only a portion of the total park reservation capacity. A Pass therefore does not guarantee park entry, even on dates when a Pass is not blocked out and even when a theme park is not at capacity. Disney determines the number of park reservations available to Passholders for any date, and Passholders may access only those reservations that Disney makes available to them. Once all park reservations made available to Passholders for any date are reserved, Passholders may not make reservations for that date using their Pass unless and until reservations become available due to cancellations or Disney makes additional Magic Key reservations available, which Disney is not required to do, but may or may not do from time to time in its discretion. On any given date, park reservations may still be available for theme park tickets even though park reservations allocated to the Passes are fully reserved. Even for dates that are not blocked out to a Pass type, it may be difficult or not possible for Passholders to get park reservations to visit on their preferred dates or preferred theme park, including popular dates like weekends or holiday periods. Since Magic Key park reservations are available on a first-come, first-serve basis, it may also be difficult or not possible at times for Passholders to get park reservations for certain dates. Park reservations are nontransferable and are not guaranteed for any specific dates or park, no matter the Pass type. Disney reserves the right to change or cancel park reservation requirements at any time without notice or liability. Different types of Passholders, other ticketed guests, and/or guests with other passes may have different (or no) reservation requirements from time to time or at any given time. Other restrictions, such as number of park reservation holds per Pass type, time during which a Passholder may hold or make reservations, and Park Hopper® and no-show rules, may apply, and may change from time to time in Disney’s discretion without notice or liability.
The number of theme park reservations that may be held at a time during a Disney-designated reservation booking window is dependent on Pass type and is subject to availability of park reservations allocated to Magic Key Passes and applicable Pass blockout dates…Passholders may be restricted in their ability to make park reservations per applicable Pass benefit rules, such as the no-show policy. Pass benefits, rules, and policies, including but not limited to the reservation booking window and the no-show policy, may change from time to time in Disney’s discretion without notice or liability.
Theme park capacity or operating hours may be limited or changed from time to time due to rehabilitation, refurbishing, capacity, seasonal considerations, weather, low demand, government or other authority guidance or order, pandemic-related restrictions, guidance from health experts, special events, or any other reason without liability to Disney or its affiliates. Some Pass benefits and features may not be available during periods of limited capacity and are subject to change or cancellation without notice or liability.
Definition of Pass
Disney has clearly defined what a “pass” is. According to Disney, a Magic Key purchase is a purchase of “a limited license to enter the Disneyland® Resort theme parks”.
By purchasing a Disneyland® Resort Magic Key, you are purchasing a limited license to enter the Disneyland® Resort theme parks.
Passes are nonrefundable and are nontransferable temporary licenses that entitle licensees—i.e., Passholders—to make park reservations, and with such reservations, to visit Disneyland Resort theme parks on applicable dates, as available to Passholders and to their Pass type, subject to the terms and conditions set forth herein. Because they are limited licenses, Passes remain the property of Disney and may be revoked at Disney’s discretion. Restrictions apply as described in these terms and conditions, including, but not limited to, capacity constraints, availability of park reservations allocated to Passes as determined by Disney, and closures. Passes may not be redeemed for cash or used for commercial purposes and are void if altered or misused.
Disneyland clearly made changes to the terms and conditions of its Magic Key annual pass program as a result of the Magic Key lawsuit and these changes could very well have been why sales and renewals were paused temporarily this summer.
For more on the recent Magic Key pass program changes and announcements, check out our article below.
As always, keep checking back with us here at BlogMickey.com as we continue to bring you the latest news, photos, and info from around the Disney Parks!