To be fair they aren't trying to get it thrown out, just sent to arbitration. As shown in the geico example - arbitration isn't exactly a guaranteed win for a corporation. Ironically they were probably hoping to keep it out of the public eye.
In this case, if held to the Disney+ arbitration clause, the arbitrator would be selected and paid for by Disney. It's more likely than not that an arbitration firm on retainer for Disney is going to side with Disney. That's why they hide those clauses the way they do in terms of service agreements. They don't want people to know that arbitration based on ToS is stacked against the consumer. If the arbitrator sides against Disney too often they lose their contract, then other companies maybe hear about it and don't want to use the arbitrator any more.
If you go to a restaurant and tell them you have a peanut allergy, you dont think the resturant has a responsibility to ensure your food isnt contaminated?
What sign up for Disney+?
Having been to Ragland Road many times and looking at their menu, I'm not sure they have ANY peanut items, it's an irish place, peanuts ain't exactly local food for them. Granted, they may have altered it since this couple ate there, but I can't think of a single peanut containing irish pub food.
Is that a threat...or a promise? Gotta subscribe to the D+/Hulu/ESPN/FX deluxe package to get the "spouse elimination" perk?
They said it happened at a Disney restaurant though.Having been to Ragland Road many times and looking at their menu, I'm not sure they have ANY peanut items, it's an irish place, peanuts ain't exactly local food for them. Granted, they may have altered it since this couple ate there, but I can't think of a single peanut containing irish pub food.
They also have this disclaimer on the site and their menus. Again, maybe added since this incident but I"ve certainly seen it at many places, if not this one. Of all the faults I levy at Disney, a reasonable accommodation for food allergies isn't one of them.
Plex for the win protecting lives xDI pirate all my shows
disney advertises as dealing with allergies, thus making profit of said competitive advantage.
Yeah, I wonder if introducing the concept as a defense, but then 'waiving' it, somehow locks it as a viable defense for some later case. IANAL nor did I sleep in a Holiday Inn last night, so that's just speculation.
Some of humanity. Those with disposable income.
They don't advertise or guarantee that food will be allergen free. They only commit to trying to accommodate food allergies. You can speak to a chef or food specialist at most table service restaurants and some quick service restaurants to see what your options are but that's about as far as it goes. Which isn't really different from competing theme park resorts like Universal Orlando.
It's easy for these lawyers, they don't see anything when they look in a mirror
