Disney revoking AP's if you resell merch

[Darkbeer1]

I'm curious on how enforcement is working here. I've never had an AP on either coast so forgive my ignorance. At DL do they scan your AP every time you get your discount, or are they simply finding people selling online and matching them up with someone on the AP rolls. My impression was that WDW APs are not scanned for discounts.

To get your discount, yes, you present your AP, which is scanned, and attached to the receipt in a digital format.

So The computers do take that info and attaches it to your AP account.

The marketing people use this information looking for trends, and how to market new items, plus to decide to make similar items for future sales.

And I presume they saw trends they didn't like, due to a few large buyers.

So that, along with complaints by many AP's who tried to buy the item, but were denied, had Disney make the decision to take the action that made the news.

 

[Wrangler-Rick]

I've been buying off the app since it started. Intially it was great, as there were relatively few items that were not included, most of which were the more obscure non Disney items (things like Beetles shirts in the UK pavilion). Initially all of the items shipped out of a parks warehouse somewhere near the parks. Sometime in the last 2 years or so there was a shift and all the ship to home items on the app now come from Memphis which is where the Shop Disney east coast warehouse is as well. When that change was made the number of available items was vastly reduced. Jim Hill (who i take with a grain of salt but seems plaisable here) answered a question on this a couple months ago on this. He said that the Florida merch people had a hard time adjusting, and dealing with online consumers as well as theme park buyers who had different consumption habits.

My first stop is to check the Parks App when I am looking for a specific item. If Disney doesn’t sell it there, my go to is an on-line reseller. Am I thrilled with the process? Not really, but flying down to WDW to buy it in person isn’t very practical. Disney brought this on themselves. If they don’t like it, they should sell it online themselves or limit quantities like other brick and mortar stores. I think its wrong for them to go after the resellers who are serving a market that Disney themselves won’t serve...

 

[Darkbeer1]

Well, the OC Register is getting "views" as the story has gone viral.

So time for follow up articles.

https://www.ocregister.com/2018/12/...-that-the-park-is-cracking-down-on-resellers/

>>“The situation has gotten out of control, with flippers buying up dozens of items, so even locals often times can’t get the items,” Regan said. “No one can get them except the people who mark them up.”


Regan said that early in the morning he’d seen people with numerous collectible popcorn buckets that had just been released “running to their cars so they could get back and post them on eBay.”


Many Disney fans said they would like to see Disneyland tighten up on quantities that people are allowed to purchase, perhaps by tracking them electronically on their passes.


Disney officials said they are looking at ways to use emerging technology to make the sales process fairer.


Annual passholder and collector Donna Collins of Valencia said she doesn’t think Disneyland needs to revoke passes.


“Instead of revoking annual passes, they should limit the numbers of items they can purchase, and keep records so they won’t allow any more sales,” Collins said. “I think they are just trying to weed out annual passholders to control crowds prior to Star Wars land (opening next summer.) If they really wanted to limit the number of annual passes, they should just get rid of payment plans.”<<


https://www.ocregister.com/2018/12/11/disneyland-is-right-to-crack-down-on-merchandise-flippers/

>>Limit the new stuff to one per park admission ticket and also one per credit card, to impede flippers from just lining up a bunch of people to buy stuff on their behalf. The nature of limited-edition souvenirs means that not everyone who wants one will get one. But the process for buying those items ought to be fair.


Let’s leave the flipping for the roller coasters.<<

So it looks like folks want controls on the buyers, and that makes sense.

And I can tell you right now, Disney can connect sales to the AP Barcode. They do it with FastPasses, so they can do it here.

 

[hopemax]

I find this whole thing strange. Pin collectors have lived through years of merchandise being sold to flippers and selling out instantaneously, and the reaction from Disney has always been, outside of "2 per person in a single transaction," "We don't care who we sell to, just as long as we sell it as quickly as possible." So with this story, I'm wondering what changed.

 

[TwilightZone]

I find this whole thing strange. Pin collectors have lived through years of merchandise being sold to flippers and selling out instantaneously, and the reaction from Disney has always been, outside of "2 per person in a single transaction," "We don't care who we sell to, just as long as we sell it as quickly as possible." So with story, I'm wondering what changed.

Maybe resellers are now finally out ranking disney sellers in terms of numbers. Not just how many there are, but how much they are are earning vs. Disney. Some resellers do sell for some super crazy prices..

 

[Texas84]

All I care about is having to wait in line dying of thirst while someone buys 10 popcorn buckets. Ban them for life.

 

[DanielBB8]

Sellers need to hide their identity better. Not hard. Or hand it to someone else who won’t reveal your name.

 

[drizgirl]

Sellers need to hide their identity better. Not hard. Or hand it to someone else who won’t reveal your name.

Can't do that if you want the AP discount.

 

[DanielBB8]

Can't do that if you want the AP discount.

Huh? Sellers are selling on-line, not at Disneyland.

Those caught had a Facebook page where they were selling the items.

 

[drizgirl]

Huh? Sellers are selling on-line, not at Disneyland.

Those caught had a Facebook page.

I'm talking about them getting the items they later sell online. They buy many copies of the same item with their AP discounts in the parks then sell them online.

 

[DanielBB8]

I'm talking about them getting the items they later sell online. They buy many copies of the same item with their AP discounts in the parks then sell them online.

I’m talking about hiding their identity when selling the items. Do you still don’t understand?

 

[drizgirl]

I’m talking about hiding their identity when selling the items. Do you still don’t understand?

No, I get it. I just think they should police it on both ends. When they buy the items they can tell who's buying large quantities. And they can also find them from their selling activities online.

 

[DanielBB8]

No, I get it. I just think they should police it on both ends. When they buy the items they can tell who's buying large quantities. And they can also find them from their selling activities online.

Every item usually have the same barcode. They need to assign unique codes, which can be easily defeated by removing the unique identifier. Disney actually have to buy the item and trace to the AP. I doubt they will go that far. They are revoking AP of obvious sellers. I’m sure other sellers will be more careful. If not, they deserve it.

 

[daronlif]

I can see both sides of the argument. However, my selfish concern now is how I'm going to be able to buy a decent Disney phone case since their availability outside of the parks is nearly nil.

 

[mickEblu]

All I care about is having to wait in line dying of thirst while someone buys 10 popcorn buckets. Ban them for life.

Yeah it’s honestly not cool that someone’s kid has to wait 45 minutes for popcorn or a drink so someone can buy 10 popcorn buckets. With that said, Disney has kind of created the monster and they can fix this with some easy changes. Oddly enough, I don’t think guest experience has anything do with the recent crackdown. It’s all about $ and cents.

 

[TP2000]

If I pay for an annual pass that has the benefit of a discount, what I do with the merchandise I purchase with that pass is my business. Disney has the right of first sale, it isn't legal to dictate resale terms. First-sale doctrine 17 U.S.C. § 109.

I don't buy and resell merch, but I kind of want to see this play out in court.

A big company like Disney already has had lawyers go through this concept with a fine tooth comb. If a smarmy reseller tried to take Disney to court, the case wouldn't last long...

Here is what AP holders digitalled signed when purchasing the AP. (Bold added)

https://disneyland.disney.go.com/annual-passport-terms-conditions/

>>BENEFITS/DISCOUNTS: A Passholder must present his/her valid Passport and valid photo identification prior to purchases to receive any applicable benefits and discounts. Benefits and discounts are nontransferable and may not be combined with any other offer or promotion. Such benefits and discounts are for personal use only and may not be used for any commercial purpose including, without limitation, to obtain or purchase items or services with the intent to resell such items or services. Merchandise discounts are not valid on: original or consignment art; select limited editions; select collectibles and specialty items (including, without limitation, one-of-a-kind art, Disney-branded original art, celebrity memorabilia, framed Disney Dollars, framed Disney Gift Cards, framed ticket media, Artist Sketch Program (original art), Walt Disney Classics Collection, handmade products (physically touched by an artist/vendor), but not exclusive to stained glass, paper art and sculptures, mosaics, ceramics, and artist-signed Vinylmation); cameras (digital/video/disposable and film); sundries; tobacco; alcohol; newspapers/periodicals; books; personalization including embroidery and D-Tech Me figures; Disney PhotoPass® online purchases and PhotoPass+; Disney Store Online; outdoor vending (e.g., in-Park balloon vendors, glow vendors); postage stamps; rentals (e.g., strollers, ECV); pantry/prepared foods; electronics (MP3 players/video players/video games/CDs/DVDs/videos/software media); treatments and cosmetics; Swarovski Crystal; special orders; purchase-with-purchase offers; gift cards; gift certificates; Park admission; ticket media; arcades; previous purchases; shipping or taxes, or on phone, email, online or mail order purchases. Merchandise discounts are valid at select Disneyland® Resort owned and operated stores and locations. Dining discounts are valid at select Disneyland® Resort owned and operated restaurants and locations and are not valid on alcoholic beverages, tobacco products, room service, holiday buffets, taxes or gratuities. From time to time, select third parties may also offer discounts/benefits to Passholders and such offers shall be solely the responsibility of such third parties without any liability to Disney or its affiliates. Please ask about any applicable discounts at a location prior to purchase. Benefits and discounts are determined solely by Disney or the applicable location/store owner and may change without notice.<<

>>GENERAL: Each Annual Passholder and Disney Premier Passport holder (individually, a “Passholder”) must follow Disneyland® Resort’s procedures to have a photo associated with his/her Passport in Disney’s files for identification purposes. A Passholder must have his/her valid Passport in hand and a proper photo on file with Disney for Disneyland® Theme Park admission. Photos on file for active Passholders must be periodically updated with current photos. At this time, adults must replace their photos every ten (10) years and children (under the age of 18) must replace their photos every three (3) years. Further identification may be required. Passports are not valid for private events or events that require a separate admission, and Passports are subject to applicable Blockout Dates. Passports are nonrefundable, nontransferable and remain the property of Disney. Restrictions apply including, but not limited to, capacity constraints and other closures. Passports do not guarantee Theme Park admission, especially during high attendance periods. Additionally, Passports may not be used for commercial purposes and are void if altered or misused. A Passholder assumes the inherent risks associated with the operation of all rides and attractions and should read and obey all safety signage, instructions and rules. Parks, services, entertainment and attractions may change operating hours, close temporarily, or may otherwise change or be discontinued without notice and without liability. Entry into the Disneyland® Resort constitutes consent for Disney to use any film, video or reproduction of image and/or voice of a Passholder for any purpose whatsoever without any payment to the Passholder. Disney is not responsible for lost or stolen property. A Passholder must abide by any rules and regulations applicable to the Disneyland® Resort or to the use of the Passports as promulgated by Disney from time to time. It is agreed between the owners of the Disneyland® Resort and each Passholder that all claims for injury or loss arising incident to the Passholder’s presence at the Disneyland® Resort shall be litigated in Orange County, California. Disney reserves the right to cancel, suspend or revoke any Passport or deny Theme Park admission to any Passholder at any time for any reason. Cancellation, suspension or revocation of either Disneyland® or Walt Disney World® Passport privileges under the Disney Premier Passport will result in the cancellation, suspension or revocation of all privileges of such Disney Premier Passport.<<

Thanks Darkbeer! That about sums it up. Disney has an airtight legal case here to continue banning resellers from abusing their privileges.

 

[RustySpork]

A big company like Disney already has had lawyers go through this concept with a fine tooth comb. If a smarmy reseller tried to take Disney to court, the case would last long...

That's a pretty naive position to take.

 

[TwilightZone]

I can see both sides of the argument. However, my selfish concern now is how I'm going to be able to buy a decent Disney phone case since their availability outside of the parks is nearly nil.

There's always etsy.

 

[flynnibus]

If I pay for an annual pass that has the benefit of a discount, what I do with the merchandise I purchase with that pass is my business. Disney has the right of first sale, it isn't legal to dictate resale terms. First-sale doctrine 17 U.S.C. § 109.

Disney isn't able to block their ability to resell... but they are able to exercise their ability to limit the granting of a discount... through the AP. You don't abide by the T&C - they can revoke the discount (and admission) privilege.

 

[flynnibus]

They've done more than that, they've revoked their access but didn't refund. In a lot of cases that's perfectly fine. This one though, I'm not so sure.

You broke the T&C - they don't owe you any refund. People are only paying the payments still because they simply didn't pay up front.