|PLEASE READ CAREFULLY. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING YOUR WAIVER OF LIABILITY AND ASSUMPTION OF RISK RELATING TO EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE, CLASS-ACTION WAIVER, AND AGREEMENT TO BINDING ARBITRATION. |
|TERMS AND CONDITIONS FOR ROOM ONLY RESERVATIONS |
|DEPOSIT REQUIREMENTS |
At the time of booking, all reservations require a deposit equal to the first night’s room rate plus applicable taxes. If a deposit is not received when due, the reservation will be cancelled. Deposit requirements for arrivals are subject to change and additional deposits may be required.
|RESERVATION INFORMATION |
All Guests’ full legal names (including, without limitation, children) and children’s ages are required at the time the reservation is made. Any additional Guests must be added to the reservation prior to arrival.
|CANCELLATION/CHANGE POLICY |
Changes to the reservation including, without limitation, arrival or departure dates and view type, are subject to availability, and new room rates may apply. In order to receive a refund of your deposit, including credit card deposit transactions, notification of cancellation must be received at least 5 days prior to your arrival date. To cancel or modify an existing reservation, call your travel agent if you booked through a travel agent, or Disney at 866-44-DISNEY. (If you are under 18 years old, you must have a parent’s permission to dial this number.) A cancellation fee equivalent to first night’s room rate plus taxes will be charged for cancellations made less than 5 days prior to arrival date, including no shows. Additionally, if you are holding any other reservations, they will not be cancelled unless you advise us. Failure to check in to the hotel on the scheduled arrival date without prior notice of cancellation or change will be subject to fees equivalent to the first night’s room rate plus taxes. The cancellation and refund policy is subject to change.
|EXPERIENCES AND OFFERINGS |
Experiences, recreation, entertainment and other products, services or items are subject to change, discontinuation or cancellation, and may close temporarily for any reason including, without limitation, due to rehabilitation, refurbishing, capacity, seasonal considerations, inclement weather, government or other authority guidance or order, pandemic-related restrictions, or special events, all without notice and without liability to the owners of Aulani Resort. Age restrictions may apply for access to certain facilities.
|HOTEL ADDRESS |
Aulani, A Disney Resort & Spa
92-1185 Ali’inui Drive
Kapolei, HI 96707
|ROOM LOCATION AND INFORMATION |
Adjacent rooms, connecting rooms or specific room location and types of rooms or bedding are on a “request basis only” and are subject to availability at the time of check-in. These requests for specific room type or location may result in additional charges to be paid directly to the hotel. The maximum occupancy is a combination of adults and children per room using existing bedding and varies by room type.
Aulani Resort is a smoke-free environment. A room recovery fee will be charged for smoking in Guest rooms and villas, on balconies or on patios.
|GUESTS WITH DISABILITIES |
Guests with disabilities requiring accessible accommodations may contact Disney directly for specific information and assistance regarding accessible room availability, bedding options, amenities, restrictions and advance reservation notice requirements. Disney will also contact our third party provider(s) on a Guest’s behalf as necessary. All accommodations are subject to availability.
|COSTS NOT INCLUDED |
Room rates do not include parking (self or valet), any taxes or fees, incidentals (e.g., movies, room service), gratuities, laundry, long distance telephone calls, child care, activities, beverages, meals, sundries, sightseeing, or any other items or services not described herein.
|RESORT CHECK-IN/CHECK-OUT |
Check-in time is after 3 p.m. for standard rooms and suites, and after 4 p.m. for studios and villas; and check-out time is before 11 a.m. During peak periods, check-in may be delayed.
|PHOTO ID AND VALID PAYMENT CARD REQUIRED AT CHECK-IN |
A government-issued photo ID and a valid credit or debit card are required at check-in. The government-issued photo ID must match the name that was used on the reservation confirmation. A valid credit or debit card will be required to check-in to cover room charges and incidental expenses. If any reservation is more than one (1) night, all nights will be charged on the Guest’s valid credit or debit card for the entire length of stay at check-in.
|UNACCOMPANIED MINORS |
Unaccompanied minors may check in under certain circumstances, with parent/guardian consent and pre-approval from Disney. Unaccompanied minors must be at least 14 years of age to check in to the hotel. Please contact Disney at 866-858-1861 for requirements and information.
|ROOM RATE REVISIONS FOR ARRIVALS THROUGH DECEMBER 31, 2021 |
Room rates for arrivals on or prior to December 31, 2021 are guaranteed (except for changes in tax rates or other governmental charges) as long as room reservation is not changed.
|“RIGHT OF ENTRY” POLICY |
Please be advised that notwithstanding your use of a sign on your door, a request by you to forgo housekeeping services or any other request made by you, the hotel and its staff reserve the right to enter your room for any purpose including, without limitation, performing maintenance and repairs or checking on the safety and security of Guests and property. The hotel staff will give reasonable notice prior to entry by knocking and announcing the intent to enter the room.
|OTHER TERMS: |
|• ||All rates are in U.S. dollars. |
|• ||Additional adult charges may apply for more than two adults per room. Final payment of room and tax is due upon arrival. |
|• ||Reservations may only be made and are only guaranteed for a length of stay of less than 30 days. |
|• ||Pets are not permitted with the exception of service animals. |
|• ||Disney, its parent companies, affiliates, directors, officers, employees, subcontractors, agents and representatives, shall at no time be liable or responsible in any way whatsoever for any loss, injury, or damage caused or arising in connection with hotel or other services or products of third parties provided in connection with your stay, or as a result of acts of God, acts of Government or other authorities, pandemic or other health and safety circumstance, wars, civil disturbances, hijacks, thefts, or any circumstance beyond its control. |
|• ||Disney reserves the right to accept, retain, decline or cancel a Guest’s reservation at any time and for any reason, subject to applicable law. In addition, Disney reserves the right to cancel or modify a reservation, including the price, at any time prior to Guest check-in if the reservation includes or resulted from a mistake or error of any kind, including, without limitation, a mistake or error in price or description of the room type, or where it appears that a Guest has engaged in fraudulent or misleading activity in making the reservation. |
|• ||All terms and conditions, including, without limitation, deposit requirements and cancellation and refund policies, are subject to change by Disney without notice. |
|• ||All room reservations and transactions are made and consummated in the State of California. Any claim, action or lawsuit (collectively, “Action”) arising out of these Terms and Conditions, reservations and bookings must be filed and maintained exclusively in any court in Orange County, California having subject matter jurisdiction; provided that the COVID-19 and Other Communicable/Infectious Disease Provision shall be subject to its own terms and conditions, including venue, set forth below. |
|• ||Room reservations and transactions and these Terms and Conditions for Room Only Reservations, including the COVID-19 and Other Communicable/Infectious Disease Provision, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. |
|• ||Room reservations are non-transferable, and reservation name changes are not permitted. |
|COVID-19 And Any Other Communicable Or Infectious Disease: Liability Waiver, Class-Action Waiver, Binding Arbitration, And Other Provisions |
By making a reservation, and in consideration thereof, and in consideration for being able to visit and/or participate in experiences, transportation, and activities at the Aulani Resort, I agree, understand, and acknowledge, on my own behalf and on behalf of any individual who uses a reservation made by me, as follows (collectively, the “COVID-19 and Other Communicable/Infectious Disease Provision”):
|• ||Assumption Of Risk I acknowledge that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present. “Communicable disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions might be at higher risk for severe illness and death from COVID-19. I acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that I will expose others that I later encounter, even if I am not experiencing or displaying any symptoms of illness myself. By visiting and/or participating in experiences, transportation, and activities at the Aulani Resort, I agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of myself or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties, named below. I acknowledge that my visit and participation are entirely voluntary. |
|• ||Waiver On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge the Released Parties, named below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during my visit to and/or participation in experiences, transportation, and activities at the Aulani Resort. This waiver of liability and the assumption of risk set forth above is intended to be as broad and inclusive as is permitted by law. |
|• ||Acknowledgment Of Assumption Of Risk And Waiver By Other Users I attest, acknowledge, and agree that any individual for whom I have made a reservation or who uses a reservation made by me has independently and carefully read this COVID-19 and Other Communicable/Infectious Disease Provision and has knowingly and independently acknowledged and agreed to all its provisions, including without limitation (1) to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of himself, herself, or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties, named below, and (2) to agree, on his or her own behalf and on behalf of his or her heirs, executors, personal representatives, administrators, and assigns, to forever waive, covenant not to sue, release, and discharge the Released Parties, named below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active, or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during his or her visit to and/or participation in experiences, transportation, and activities at the Aulani Resort. |
|• ||Waiver On Behalf Of Minor Children For any minor child for whom I have made a reservation or who uses a reservation purchased and/or made by me, I agree and acknowledge that I am the minor child’s natural and/or otherwise legal guardian and I am authorized to and do waive and release, in advance, any of the following that would accrue to the minor child: any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during the minor child’s visit to and/or participation in experiences, transportation, and activities at the Aulani Resort. |
|• ||Third-Party Beneficiaries I acknowledge and agree that any individual for whom I have made a reservation or who uses a reservation made by me is and is intended to be a third-party beneficiary of that reservation made by me. |
|• ||WAIVER OF CALIFORNIA CIVIL CODE § 1542 I acknowledge and agree that I am familiar with, understand, and do waive any rights and benefits of the provisions of Section 1542 of the California Civil Code, and any similar provisions of other jurisdictions, which provides that: |
| ||A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. |
|• ||Indemnity/Insurance On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to indemnify and hold each of the Released Parties harmless from and against any and all claims made or incurred by anyone, including myself and any individual who uses a reservation made by me, arising out of or in any way relating to my making of a reservation(s), and subsequent visit to and/or participation in experiences, transportation, and activities at the Aulani Resort and arising out of any and all risks described above in the section titled Assumption of Risk or in any other way related to exposure to COVID-19 and any other communicable or infectious disease, wherever such activities may occur and whether suffered before, during, or after such participation. My indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals. I understand and agree that I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit relative to my visit to and/or participation in experiences, transportation, and activities at the Aulani Resort, and that I am solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my visit to and/or participation in experiences, transportation, and activities at the Aulani Resort, at my own expense. |
|• ||Scope I agree that the Waiver and Indemnity provided for in this COVID-19 and Other Communicable/Infectious Disease Provision shall cover all physical and emotional injuries and/or damages, including without limitation all illness and bodily injury (including death), whether suffered by me or anyone else before, during, or after my visit and/or participation. Additionally, I agree that the scope of the Waiver and Indemnity shall include any claims related, in whole or in part, to my own actions and the actions of third parties, whether foreseeable or unforeseeable. |
|• ||Term The Waiver and Indemnity provided for in this COVID-19 and Other Communicable/ Infectious Disease Provision applies to any and all visitation to and/or participation in experiences, transportation, and activities at the Aulani Resort and/or presence on the Released Parties’ property arising out of the making of a reservation(s) pursuant to which I and the Released Parties agreed to this COVID-19 and Other Communicable/Infectious Disease Provision, from the date of the making of such reservation(s). |
|• ||Released Parties The Released Parties are: Walt Disney Travel Co., Inc.; Disney Vacation Development, Inc.; Disney Vacation Club Hawaii Management Company, LLC; Disney Worldwide Services, Inc.; Disney Destinations, LLC ; and their respective parents, subsidiary, and other affiliated or related companies, and all officers, directors, employees, shareholders, members, agents, contractors, sub-contractors, representatives, successors, assigns, insurers, and volunteers of each of the foregoing entities. |
|• ||Severability/Partial Invalidity If any provision or part thereof of this COVID-19 and Other Communicable/Infectious Disease Provision is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken from this COVID-19 and Other Communicable/Infectious Disease Provision without affecting the binding force or effect of any other part or provision. |
|• ||Binding Arbitration I AGREE THAT, UPON ELECTION BY EITHER PARTY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING UNDER OR RELATING IN ANY WAY TO THIS COVID-19 AND OTHER COMMUNICABLE/INFECTIOUS DISEASE PROVISION OR EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE DURING MY VISIT TO AND/OR PARTICIPATION IN EXPERIENCES, TRANSPORTATION, AND ACTIVITIES AT THE AULANI RESORT, NOW OR IN THE FUTURE, WILL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR ANY OTHER CLAIMS, WHATEVER THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF). I ACKNOWLEDGE AND AGREE THAT ARBITRATION REPLACES MY RIGHT TO GO TO COURT. I THEREFORE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO LITIGATE ANY CLAIMS IN COURT BEFORE A JUDGE OR JURY. I AGREE THAT I THEREFORE WAIVE ANY RIGHT TO LITIGATE ANY CLAIMS IN COURT AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL). I ALSO AGREE TO WAIVE ANY RIGHT TO PURSUE IN ARBITRATION ANY CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL), OR TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE A JUDGE OR JURY. I ALSO AGREE THAT NO ARBITRATION OR PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATIONS OR PROCEEDINGS. |
The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or the formation of this COVID-19 and Other Communicable/Infectious Disease Provision, including the arbitrability of any dispute and any claim that all or any part of this COVID-19 and Other Communicable/Infectious Disease Provision is void or voidable.
|A. ||In the event of a dispute, I agree to send a notice of dispute, which is a written statement that sets forth my name, address, and contact information; the facts giving rise to the dispute; and the relief requested to the Released Parties at 500 South Buena Vista Street, Burbank, California 91521-7620, USA, Attention: Legal. The Released Parties will send any notice of dispute to me at the contact information that they have for me. The Released Parties and I will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, the Released Parties or I may commence an arbitration proceeding. I may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not I negotiated informally first. |
|B. ||If the Released Parties and I do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Orange County, California; provided, however, that if circumstances prevent me from traveling to Orange County, California, JAMS may hold an in-person hearing in my hometown area. The Released Parties and I agree to submit to the exclusive jurisdiction of the federal or state courts located in Orange County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to me individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy my individual claim. In accordance with the JAMS Rules, the party initiating the arbitration (either me or the Released Parties) is responsible for paying the filing fee. However, if the arbitrator issues me an award of damages and: (a) that award is greater than the amount of the Released Parties’ last written settlement offer; or (b) if the Released Parties did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, the Released Parties will reimburse me for the filing fees I incurred. |
|Except as provided above with respect to jurisdiction in Orange County, California, nothing in this arbitration provision shall be construed as consent by the Released Parties to the jurisdiction of any other court with regard to disputes, claims, or controversies unrelated to this COVID-19 and Other Communicable/Infectious Disease Provision. |
|This agreement to binding arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs its interpretation and enforcement. This agreement to binding arbitration will survive its termination. If any portion of this agreement to binding arbitration is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. |
|Venue But For Arbitration |
In the event that neither party elects to resolve disputes under binding arbitration, as provided above, any legal action arising out of or relating to this COVID-19 and Other Communicable/Infectious Disease Provision shall be commenced exclusively in the Superior Court of California, County of Orange (or if such Superior Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in said county and having subject matter jurisdiction). In any such action, I specifically waive any right to bring a class action or other representative or collective action (such as an action in the form of a private attorney general).