Woman caught smoking at WL...

wannabeBelle

Well-Known Member
Hey Lewis, A smoking room ( prior to the new rules) was only a request, it was never guaranteed at all. I can tell you I have been told this many times by Disney and always understood and communicated it as such. If Disney didnt have a smoking room for you on arrival they were not required to take any further action, as it was only a request and not guaranteed. So therefor if Disney wanted to enforce the policy the answer was they would be able to pretty easily. Belle
 

The Mom

Moderator
Premium Member
I don't think it's fair, and I'm not even sure if it's legal, to first introduce additional terms and conditions when a guest checks in. At least some of these guests paid in full, prior to these terms being presented to them.

A room is paid in full, a guest shows up and Disney says, we have new terms take them or leave. That kind of contract may very well be un-enforceable.

I would like to know if guests who made their reservations well in advance were notified of the change prior to their arrival? But my recollection is that ALL hotel room reservations have a loophole stating that they cannot guarantee amenities or special requests, which would include a smoking room.

Marie, you saved me a PM, as I was going to ask one of you. :wave:
 

Master Yoda

Pro Star Wars geek.
Premium Member
I don't think it's fair, and I'm not even sure if it's legal, to first introduce additional terms and conditions when a guest checks in. At least some of these guests paid in full, prior to these terms being presented to them.

A room is paid in full, a guest shows up and Disney says, we have new terms take them or leave. That kind of contract may very well be un-enforceable.
"Fair" Is very subjective. Bottom line it is Disney's property and they can do what they want with it.

From my understanding every guest that had a pending reservation for a smoking room that would be effected by the policy were informed by mail prior to their arrival. So if smoking in their rooms was that important to those guests effected they did have an opportunity to cancel their reservation without penalty.
 

lilclerk

Well-Known Member
I would like to know if guests who made their reservations well in advance were notified of the change prior to their arrival?

I seem to recall some posts in the other thread saying that Disney called them to tell them the company had changed policy and they would not be able to get a smoking room.

Yay long sentences.
 

wannabeBelle

Well-Known Member
I would like to know if guests who made their reservations well in advance were notified of the change prior to their arrival? But my recollection is that ALL hotel room reservations have a loophole stating that they cannot guarantee amenities or special requests, which would include a smoking room.

Marie, you saved me a PM, as I was going to ask one of you. :wave:

Welcome Mom!!!! Have a Magical Day!!!! :kiss: :kiss: Belle
 

Karolena

New Member
I don't think it's fair, and I'm not even sure if it's legal, to first introduce additional terms and conditions when a guest checks in. At least some of these guests paid in full, prior to these terms being presented to them.

A room is paid in full, a guest shows up and Disney says, we have new terms take them or leave. That kind of contract may very well be unenforceable.

edited to say I think going to non-smoking is good. I think having fees for smokers is a necessary part of that change. I don't think Disney will get away with charging those fines, particularly for smoking on the balcony, to guest who made their reservation and paid prior to being informed of the new policy. Particularly if the guest was first told of the policy when the checked in.

I'm sure Disney has covered all of there bases, so they won't get sued. There probably was something said in their agreement. Most people just don't read something all the way through before signing or agreeing to it. And like some other people said things like smoking rooms are requests.

As for the government being the only ones able to fine someone for something I don't think that's true. If it is a Disney policy and the consequences are already set up they are able to enforce them. It's just like at my college I'm fined for things like holes in my wall or getting reprimanded for having candles and alcohol in my room.
 

lewisc

Well-Known Member
Guests were allowed to smoke on the balconies, excluding the AKL, of all rooms, even non-smoking rooms.

I think that was a stupid policy, I'm glad to see Disney changed the policy. I know it's not fair to first notify guests of this change when they check in. Guests didn't accept these terms and conditions at the time they made their final payment.

My guess is Disney is going to wind up refunding many of these charges. I see credit card disputes. Disney wouldn't give me a key to a room, that I paid in full, unless I signed this picece of paper. Sounds like a contract of adhesion. A contract without any consideration. I'll won't let you check into a hotel you already paid for if unless you agree to new terms. I agree Disney probably thought about this, my guess is waiving the fees, at least for the rest of this year, is the probable solution.

I DON'T SMOKE but a single parent, who smokes, might have been counting on using a balcony so he/she could smoke without leaving a young child alone in a room.


Hey Lewis, A smoking room ( prior to the new rules) was only a request, it was never guaranteed at all. I can tell you I have been told this many times by Disney and always understood and communicated it as such. If Disney didnt have a smoking room for you on arrival they were not required to take any further action, as it was only a request and not guaranteed. So therefor if Disney wanted to enforce the policy the answer was they would be able to pretty easily. Belle
 

MaXXimus

New Member
Original Poster
I would like to know if guests who made their reservations well in advance were notified of the change prior to their arrival? But my recollection is that ALL hotel room reservations have a loophole stating that they cannot guarantee amenities or special requests, which would include a smoking room.


I had called and spoke to someone at Wilderness Lodge about a week before my trip to ask them about smoking areas and asked them about why I hadnt received a notice and you are correct with your above statement... they said that they have not ever guarantee a smoking room only that if one is available you would be given one so hence they would not be sending out any type of notices. Now Im not sure about any of the other resorts as for how they handled this but would assume it would be the same.


EDIT: I was also told during that conversation that if I wanted to cancel the reservation they would be glad to help me find another place to stay.
 

it398

New Member
Back in 2001 i was staying at Disney's Grand Californian Hotel in Disneyland and at about 6:30 in the morning all the fire alarms went off and everyone had to evacuate the hotel. All the people who were haveing their breakfasts were given a refund as they had to wait 30 mins for the ovens to get back up to temp as they automatically shut down. i have to say it wasn't the best thing to happen early in the morning.

It turned out that the alarm was triggered by a couple each with 1 cigarette each in their room, so in effect this couples cigarettes affected everyone in the hotel that night, so i can perfectly understand why Disney is being so strict on it.
 
Wow, my mom and dad were smoking on the balcony at the Grand Floridian and they didn't get fined..as a matter of fact nobody even said anything or complained..and $250? That sounds a bit rediculouse to me for a smoking fine.
 

Karolena

New Member
Back in 2001 i was staying at Disney's Grand Californian Hotel in Disneyland and at about 6:30 in the morning all the fire alarms went off and everyone had to evacuate the hotel. All the people who were haveing their breakfasts were given a refund as they had to wait 30 mins for the ovens to get back up to temp as they automatically shut down. i have to say it wasn't the best thing to happen early in the morning.

It turned out that the alarm was triggered by a couple each with 1 cigarette each in their room, so in effect this couples cigarettes affected everyone in the hotel that night, so i can perfectly understand why Disney is being so strict on it.

That would suck. I'm sorry that happened to you.
 

OneLuckyMom

New Member
I'm a non-smoker but I take the opposite approach. Disney has always allowed smoking on the balconies, excepting AKL. Springing a new policy on smokers, when they check in, isn't fair. Other hotels gave guests more notice when they went non-smoking.

Making the change effective 1/1/08 would have given Disney plenty of time to notify guests with reservations and would give those guests plenty of time to change their reservation to offsite resorts or even cancel their vacation.

That policy wasn't in effect when the reservation was made, I'm not sure how Disney can justify changing the terms when a guest checks in. Only the government can "fine" and I'm not sure how Disney can justify a $250 cleaning fee for smoking on the balcony.

I've seen several people post on these lists that they have been called by Disney and informed of the new policy. All of these folks specifically requested a smoking room. That is why they have been contacted and notified of the change.

However, a LOT of smokers request non-smoking rooms because even they can't stand the smell/grime of smoking rooms. These people have not been contacted by Disney, since Disney has NO CLUE they are smokers that were just intending to "bend" the rules a bit and smoke out on the balconies.
 

lilclerk

Well-Known Member
Wow, my mom and dad were smoking on the balcony at the Grand Floridian and they didn't get fined..as a matter of fact nobody even said anything or complained..and $250? That sounds a bit rediculouse to me for a smoking fine.

This policy went into effect June 1st.
 

MaXXimus

New Member
Original Poster
I asked for a smoking room when I originally booked my trip and if not for coming to this site I would have gone there with no clue about the ban... and as posted above... I received no phone call about the change, no email about the change nor did I get a letter in the mail about it. I would have found out the day of check-in.
 

WDWFigment

Well-Known Member
It's just like at my college I'm fined for things like holes in my wall or getting reprimanded for having candles and alcohol in my room.

Yeah, whenever we have the crazy candle-and-alcohol parties at school we always seem to get fined too! I guess they are just too wild for anyone's safety! We don't usually end up with holes in the ceilings after the parties, but maybe you party harder!

(Just kidding around, in the dorms at my school we actually have the exact rules--with fines as well. It just seemed funny that fines for candles and alcohol were mentioned together :wave:).
 

lewisc

Well-Known Member
Rules weren't being "bent". Any non-smoker who complained was told smoking was permitted on balconies. I think that was a stupid rule but that was the policy.

That's my point. Disney needs to contact all guests. Making the change effective for guests who already paid in full will probably result in problems for Disney.

Making the change effective with short notice makes no sense.




These people have not been contacted by Disney, since Disney has NO CLUE they are smokers that were just intending to "bend" the rules a bit and smoke out on the balconies.
 

MaddieMouse

New Member
What a horrible parent to tell your kid that Mickey took all your money. And to get caught twice for doing something she new she wasn't supposed to do? I hope her kid doesn't turn out as selfish and she is. Mickey didn't take her money, she threw it away. Moron.


That was my first reaction, too: Why would she tell that poor child that Mickey took all her money when it was her misbehavior that was the true cause? Now her child is going to think Mickey is some meanie! That's not fair, and it's just not nice. I would never, ever blame a cartoon character for my own bad behavior!

So when this child is 16 or 18 years old, and gets caught doing something like sneaking out of the house, or drinking, I wonder if he'll be able to get away with, "Mickey made me do it" ? :p
 

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