As renewals for Magic Key passes resume this week for the Disneyland Resort, language has been added to the terms and conditions regarding class action lawsuits and park pass reservations.

The class action waiver reads as follows:

YOU AND DISNEY (DEFINED FOR PURPOSES OF THIS BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER TO MEAN WALT DISNEY PARKS AND RESORTS U.S., INC. AND ALL OF ITS AFFILIATES) EACH AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR DISNEYLAND RESORT MAGIC KEY WILL BE RESOLVED BY BINDING ARBITRATION, WITH THE SOLE EXCEPTION OF CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT AS SET FORTH BELOW.

YOU ACKNOWLEDGE THAT YOU AND DISNEY ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT (WITH THE SOLE EXCEPTION OF CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT AS SET FORTH BELOW) AND THE RIGHT TO A JURY TRIAL. YOU AND DISNEY ALSO AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES. YOU AND DISNEY THEREFORE AGREE TO WAIVE ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIMS AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION.

The waiver comes after a lawsuit against Disney was permitted to go forward regarding the program’s park pass availability.

Additionally, more clarification has been provided regarding park pass reservations, including the fact that passes may not be available to Magic Key holders while still being available to general ticket holders. The full text can be read below:

“Disneyland Resort Magic Key passes are a limited license to enter Disneyland Resort’s theme parks. To enter a Disneyland Resort theme park, each Magic Key holder is required to have both a theme park reservation and Magic Key pass valid for admission to the same park on the same date they plan to visit. With the purchase of a pass, Magic Key holders become eligible to make park reservations to visit during their pass term. Park reservations for Magic Key holders are limited in number and subject to the availability of park reservations allocated to Magic Key passes as determined by Disney, applicable pass blockout dates, and theme park capacity. Pass blockout dates are dates on which a pass type is not valid for park admission and applicable Magic Key holders may not make or hold any park reservations. A Magic Key pass does not guarantee park entry, even on dates when a pass is not blocked out. Disney allocates daily park reservations among Magic Key passes, other passes and theme park tickets, and therefore makes available to those Magic Key holders eligible to make reservations for a particular day only a portion of the total park reservation capacity. Disney determines the number of park reservations available to Magic Key holders for any date, and Magic Key holders may access only those reservations that Disney makes available to them.

Once all park reservations made available to Magic Key holders for any date are reserved, Magic Key holders 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 Magic Key passes are fully reserved. 

Magic Key holders, regardless of their pass type, are not entitled to any or all reservations Disney makes available to others, including theme park ticket purchasers, on any date, to all reservations up to park capacity on any date, or to any minimum number of reservations on any date. Even for dates that are not blocked out to a pass type, it may be difficult or not possible for Magic Key holders 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 Magic Key holders to get park reservations for certain dates in the near future. Park reservations are nontransferable and are not guaranteed for any specific dates or park, no matter the pass type. Other restrictions, such as number of park reservation holds per pass type, time during which a Magic Key holder 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 Magic Key pass type and is subject to availability of park reservations allocated to Magic Key passes and applicable pass blockout dates. Once the maximum number of park reservations is made for such period, another park reservation may not be made until a currently held park reservation is used, expires, or is cancelled. Magic Key holders may be restricted in their ability to make park reservations per applicable Magic Key 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.”

What do you think of the new terms and conditions? Let us know in the comments.

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Matthew Soberman