Q: Can I cancel my Disneyland Annual pass that is on a payment plan? Purchased 1 week before the closure and never used it.
I paid 716 down and my first payment of 156. We never got to go due to closure because of coronavirus. Since pandemic my husband was out of work and thankfully he is back at work and I am currently out of work. We no longer can afford to pay the monthly payments. I reached out to Disney and told them the situation and they told me that they would not cancel it because it is a contract. Due to the current situation with the pandemic and them being closed is there anyway I can cancel this contract? At this point I'm not even worried about getting my money back that I already paid I just do not want them to take anymore money when they open because we can no longer afford it. What can I do?
A:
Surprising to hear that Disney took this stance with respect to you. Usually, what the patron wants, the patron gets because an unhappy patron does not return. I would start by sending a notice of rescission to them by certified mail, RRR, stating that you are rescinding the contract on the basis of their substantial breach of the contract, and that you are requesting the return of all money you paid and will return the passes to Disney. Set a date by which they have to respond, 2 weeks should be long enough. If you paid by CC, file a dispute with the CC company. If you cannot get satisfaction either way, file a small claims suit seeking rescission for breach of contract, frustration of purpose, breach of warranty.
Contact the news departments of the LA TV stations, as their consumer investigator might just want to get his teeth into Disney for doing this to people in your situation.
THE OPINIONS STATED HEREIN ARE BASED ON THE INFORMATION CONTAINED IN THE QUESTION,WITHOUT ANY INDEPENDENT INVESTIGATION. DO NOT RELY ON FREE LEGAL ADVICE IN A PUBLIC FORUM, EVEN MINE. CONTACT AN ATTORNEY OF YOUR CHOOSING IN YOUR LOCAL AREA TO PROTECT YOUR IMPORTANT PERSONAL RIGHTS.
Zaher Fallahi agrees with this answer
A:
I would add to what the counsel stated as additional defenses; frustration of purpose, impossibility and Force Majeure. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).
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