An open letter to Disney about mandatory room checks.

[cmwade77]

That ownership interest in a specific parcel of land gives you the right to pay property taxes.

It actually allows various other legal rights as well. Especially for California residents.

 

[cmwade77]

To interject a little humor, this from another website posted early this year:

“Well, that’s certainly ONE way to get our overpopulation problem under control. Have to imagine there’ll be a sharp decline in more intimate encounters at Disney hotels.”

And my related observation:

So much for Disney as a honeymoon destination.

If they come in on one, it is their own fault.

 

[snappy]

If they come in on one, it is their own fault.

Yes, the security latch should be engaged and the RO sign hung on the door. That will bar entry, but not possible interruption.

 

[marikujawa]

It actually allows various other legal rights as well. Especially for California residents.

Of course that's true, but the subject of this thread is room checks. The terms of my DVC membership agreement with respect to property at WDW place me in no better position to challenge mandatory room checks than any other resort guest.

 

[Ben E N]

Actually, it is not his legal right, he must give 48 hours advanced written notice prior to entering your premises and you must agree to let him do so unless there is an emergency or the place appears abandoned.

That makes sense to me. It was never an issue for me so I never pursued it, but since people have an issue with these room checks, hasn't Disney given us their notice? And I'm sure they can write in some legal text stating that by accepting a reservation you agree to let them check your room or something along those lines.

 

[cmwade77]

Of course that's true, but the subject of this thread is room checks. The terms of my DVC membership agreement with respect to property at WDW place me in no better position to challenge mandatory room checks than any other resort guest.

You are probably correct there, the room checks would most likely be deemed illegal if challenged in court for both regular resort guest and DVC guests, as they did not provide 48 hours written notice with the exact date and time that they wish to enter the room AND you have to agree to the date and time.

 

[cmwade77]

That makes sense to me. It was never an issue for me so I never pursued it, but since people have an issue with these room checks, hasn't Disney given us their notice? And I'm sure they can write in some legal text stating that by accepting a reservation you agree to let them check your room or something along those lines.

No, they have to provide 48 hours written notice that includes a date and time, simply saying "at any time" would not satisfy the law and in addition to that, you have to agree to the date and time. They can provide a reasonable window of time (usually no more than a 2 hour window), but that is about as much flexibility as they get.

 

[marikujawa]

You are probably correct there, the room checks would most likely be deemed illegal if challenged in court for both regular resort guest and DVC guests, as they did not provide 48 hours written notice with the exact date and time that they wish to enter the room AND you have to agree to the date and time.

Good luck with that lol.

 

[cmwade77]

Yes, the security latch should be engaged and the RO sign hung on the door. That will bar entry, but not possible interruption.

Oh, if they interrupted something, well, let's just say that Disney would not be happy with my complaints.

 

[coast2coastmickey]

You are probably correct there, the room checks would most likely be deemed illegal if challenged in court for both regular resort guest and DVC guests, as they did not provide 48 hours written notice with the exact date and time that they wish to enter the room AND you have to agree to the date and time.

Not a lawyer, but I bet that hotel owners have more leeway to enter with shorter notice than landlords of longer term rental properties. As much as I hate the Disney room checks (read my post history for proof), I'm willing to bet that Disney would not open themselves up to the risk of lawsuits from the room checks if they weren't sure that they'd win.

 

[cmwade77]

Good luck with that lol.

It is the law and trust me, when someone files a lawsuit (and we all know someone will), they will most likely win on this one. But even if they fail, we will all pay in the form of higher prices, so it would be good to see Disney give this up now before that happens.

 

[cmwade77]

Not a lawyer, but I bet that hotel owners have more leeway to enter with shorter notice than landlords of longer term rental properties. As much as I hate the Disney room checks (read my post history for proof), I'm willing to bet that Disney would not open themselves up to the risk of lawsuits from the room checks if they weren't sure that they'd win.

They only have more leeway if you have not checked out by the end of the time you have paid for, otherwise, nope.

 

[Three60guy]

DVC members sign a contract. The following is part of that contract. Look at the very bottom of the section which details about housekeeping. # 3 Access to units and vacation homes.
————

HOME RESORT RULES AND REGULATIONS

The following rules and regulations have been designed to provide Club Members with information on the use and operation of the Home Resort Reservation Component at each Disney Vacation Club Resort. This Guide will be amended from time to time, as necessary.

.
.
.

Housekeeping. (At end of page 15)


Club Members or their Guests receive the following housekeeping service during a stay at a DVC Resort:

a. All Vacation Homes will be cleaned prior to check in.

b. For all stays regardless of the length of the stay, daily trash removal will be provided.

c. For stays of seven (7) or less consecutive nights in the same Vacation Home, the DVC Resort will provide a “Trash & Towel” service on the fourth consecutive day of the stay. During a Trash & Towel service, housekeeping will:

• Empty the trash and put new liners in the trash bins.

• Provide fresh bathroom linens.

• Replace facial tissues, paper towels and toilet paper.

• Replace coffee, sugar, cream, and sweeteners.

• Replace dish washing liquid, dish washing detergent, sponges and laundry detergent.

d. For stays of eight (8) consecutive nights or more in the same Vacation Home, the DVC Resort will provide:

1) One (1) “Full Cleaning” service on the fourth consecutive day of the stay. During a “Full Cleaning,” housekeeping will:

• Provide all of the services included in a “Trash & Towel” cleaning.

• Change the bed linens.

• Vacuum and dust the Vacation Home.

• Clean the Bathroom(s).

• Clean the Kitchen/Kitchenette and wash the dishes.

2) Following the initial Full Cleaning service, housekeeping will provide another Full Cleaning Service every

eight (8) consecutive days in the same Vacation Home.

3) Following the initial check in, a “Trash & Towel” will be provided every eight (8) consecutive days reserved in the same Vacation Home.

e. Cleanings do not include laundering of personal items.

f. For stays of more than eight (8) consecutive days in the same Vacation Home, the Full Cleaning/”Trash & Towel” cycle will begin again.

g. Club Members and their Guests may request clean linens, toiletries, etc., by calling the DVC Resort’s housekeeping department. Additional fees may be charged for such requests. Supplemental cleaning services are available for a fee and may be arranged through either Member Services or the DVC Resort’s front desk.

h. All Vacation Homes will be cleaned following check out.


3. Access to Units and Vacation Homes. The owners’ association at each DVC Resort, and its agents, including the management company for the DVC Resort, its employees and designees, have the right to enter and access each Unit and each Vacation Home whenever necessary, including to inspect, maintain, repair, protect, or operate the Unit or Vacation Home; to determine compliance with the governing documents for the DVC Resort; or for health, safety, security or any other purpose.

——

So, even though you own a percentage the contract still provides for access.

Welcome Home!

EDIT

Even if you are not a DVC member, you still are required to agree to the terms and conditions of a stay. It reads almost the same as above.

 

[BK2014]

It is the law and trust me, when someone files a lawsuit (and we all know someone will), they will most likely win on this one. But even if they fail, we will all pay in the form of higher prices, so it would be good to see Disney give this up now before that happens.

So, if this policy, which was announced months ago and covered by major news outlets, is illegal, why hasn't some enterprising lawyer sued Disney to get the easy win on having it overturned? Landlord/tenant laws do not cover hotels.

I am not a Florida lawyer, but I found this in their online statutes:
509.101 Establishment rules; posting of notice; food service inspection report; maintenance of guest register; mobile food dispensing vehicle registry.—
(1) Any operator of a public lodging establishment or a public food service establishment may establish reasonable rules and regulations for the management of the establishment and its guests and employees; and each guest or employee staying, sojourning, eating, or employed in the establishment shall conform to and abide by such rules and regulations so long as the guest or employee remains in or at the establishment. Such rules and regulations shall be deemed to be a special contract between the operator and each guest or employee using the services or facilities of the operator. Such rules and regulations shall control the liabilities, responsibilities, and obligations of all parties. Any rules or regulations established pursuant to this section shall be printed in the English language and posted in a prominent place within such public lodging establishment or public food service establishment. In addition, any operator of a public food service establishment shall maintain a copy of the latest food service inspection report and shall make it available to the division at the time of any division inspection of the establishment and to the public, upon request.

There may be some room for arguing that this new policy is not posted, but I suspect the lawyers at Disney know how to cover their butts by doing the minimum required.

 

[coast2coastmickey]

They only have more leeway if you have not checked out by the end of the time you have paid for, otherwise, nope.

Do you have a source for that? I'd love to see Disney lose a lawsuit regarding the room checks and would consider staying there again if they did away with the practice, but it's hard for me to disagree with them other than voting with my wallet because my perception is that what they're doing is legal (even though I disagree with it on a personal level).

 

[kaytieeldr]

Actually, it is the same thing, you are afforded the same rights when renting a hotel room as you would renting an apartment with the exception of being required to give eviction notices.

Well, no. Laws are different for landlords and for hoteliers.

I know this applies in California, but I believe it would be on a federal level.

a
Well, no. There is no Federal law encompassing all states' hotels, except antidiscrimination.

This means the landlord or "Inn Keeper" does not have a right to enter the premises without giving you 48 hours advance notice of exactly when they are entering and why and you have to agree to it.

Well, no. Florida requires 12 hours notice from landlords to tenants. Even if laws were identical for hoteliers, virtually any hotel room rental would start more than 12 hours prior to First entry.

 

[Ben E N]

DVC members sign a contract. The following is part of that contract. Look at the very bottom of the section which details about housekeeping. # 3 Access to units and vacation homes.
————

HOME RESORT RULES AND REGULATIONS

The following rules and regulations have been designed to provide Club Members with information on the use and operation of the Home Resort Reservation Component at each Disney Vacation Club Resort. This Guide will be amended from time to time, as necessary.

.
.
.

Housekeeping. (At end of page 15)


Club Members or their Guests receive the following housekeeping service during a stay at a DVC Resort:

a. All Vacation Homes will be cleaned prior to check in.

b. For all stays regardless of the length of the stay, daily trash removal will be provided.

c. For stays of seven (7) or less consecutive nights in the same Vacation Home, the DVC Resort will provide a “Trash & Towel” service on the fourth consecutive day of the stay. During a Trash & Towel service, housekeeping will:

• Empty the trash and put new liners in the trash bins.

• Provide fresh bathroom linens.

• Replace facial tissues, paper towels and toilet paper.

• Replace coffee, sugar, cream, and sweeteners.

• Replace dish washing liquid, dish washing detergent, sponges and laundry detergent.

d. For stays of eight (8) consecutive nights or more in the same Vacation Home, the DVC Resort will provide:

1) One (1) “Full Cleaning” service on the fourth consecutive day of the stay. During a “Full Cleaning,” housekeeping will:

• Provide all of the services included in a “Trash & Towel” cleaning.

• Change the bed linens.

• Vacuum and dust the Vacation Home.

• Clean the Bathroom(s).

• Clean the Kitchen/Kitchenette and wash the dishes.

2) Following the initial Full Cleaning service, housekeeping will provide another Full Cleaning Service every

eight (8) consecutive days in the same Vacation Home.

3) Following the initial check in, a “Trash & Towel” will be provided every eight (8) consecutive days reserved in the same Vacation Home.

e. Cleanings do not include laundering of personal items.

f. For stays of more than eight (8) consecutive days in the same Vacation Home, the Full Cleaning/”Trash & Towel” cycle will begin again.

g. Club Members and their Guests may request clean linens, toiletries, etc., by calling the DVC Resort’s housekeeping department. Additional fees may be charged for such requests. Supplemental cleaning services are available for a fee and may be arranged through either Member Services or the DVC Resort’s front desk.

h. All Vacation Homes will be cleaned following check out.


3. Access to Units and Vacation Homes. The owners’ association at each DVC Resort, and its agents, including the management company for the DVC Resort, its employees and designees, have the right to enter and access each Unit and each Vacation Home whenever necessary, including to inspect, maintain, repair, protect, or operate the Unit or Vacation Home; to determine compliance with the governing documents for the DVC Resort; or for health, safety, security or any other purpose.

——

So, even though you own a percentage the contract still provides for access.

Welcome Home!

EDIT

Even if you are not a DVC member, you still are required to agree to the terms and conditions of a stay. It reads almost the same as above.

Yeah the last part of that contract is a "darn Disney, you and your legal department win again" sort of statement. We can hate it as much as we want, but have no legal grounds to fight it.

 

[Three60guy]

Yeah the last part of that contract is a "darn Disney, you and your legal department win again" sort of statement. We can hate it as much as we want, but have no legal grounds to fight it.

Yes. And it was in the contract I signed on the 3rd day of their operation too. Unreal.

Welcome Home!

 

[Lynne M]

OK, I think this topic has just about been run into the ground. Everyone's had their say, and there's nothing left but off-topic discussions and rehashes of the same complaints/arguments that have been made dozens of times.

If you have questions about the room check policy, please feel free to start a thread on the Resorts board.

If you wish to complain about the room check policy, send an e-mail to WDW.Guest.Communications@disneyworld.com or speak to your resort's manager during your stay.

If you wish to discuss the impact of the policy on your DVC membership, post on our DVC Member Services board, or call the Member Satisfaction department at DVC (the number's on your membership card and the DVC member site)

If you'd like to read about some real-world experiences with room checks, please see the Guest experiences with daily room checks thread at the top of this board.