Looking to sue Disney Cruise Line?
Small claims court is an option, and you may have others…
At FairShake we’ve helped thousands of people ripped off by big companies like Disney Cruise Line. And we’ve helped get millions of dollars in settlement offers…
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Tired of hitting dead ends when trying to get a refund from Disney Cruise Line? Feeling like there’s nowhere to turn?
You’re not alone. It seems like many people have tried all the Disney Cruise Line customer service options, but still feel unheard.
There are different ways to file a complaint against Disney Cruise Line, but none have the same power and leverage as taking legal action.
So, if you’re thinking of suing Disney Cruise Line, where do you even start? You might expect there to be tons of class action lawsuits against them, but it’s often more complicated than that.
What many people don’t know is that hidden clauses buried deep within their contracts frequently allow companies like Disney Cruise Line to push legal claims into the private realm of consumer arbitration, away from conventional courts.
But here’s the thing: your Disney Cruise Line contract doesn’t have the power to take away your right to pursue legal action by suing them.
Here’s what you can do…
To find out if you can take Disney Cruise Line to arbitration, you can check your contract or user agreement with them. Many companies’ standard contract are available on their websites. You can do a search for “arbitration” arbitration within the contract text — it is usually mentioned near the very top of a contract.
Learn more about the consumer arbitration process here.
Taking Disney Cruise Line to Small Claims Court will typically involve appearing in person and completing necessary forms.
If you’re ready to sue Disney Cruise Line in Small Claims Court, read on below:
Before you can sue Disney Cruise Line in Small Claims Court, you have to make sure your claim qualifies. There are two main things you need to pay attention to:
If your claim doesn’t fall within the limits of your state’s Small Claims Court, you’ll likely have to arbitrate your claim instead.
You can’t just sue Disney Cruise Line without giving them a heads up first. You have to ask them to fix the problem first before you can escalate to a lawsuit. So, before you sue Disney Cruise Line, send them a demand letter.
A demand letter is a straightforward document, as short as a few sentences. Tell Disney Cruise Line who you are (your name, address, phone number and account number), what the problem is, and what you expect from them to resolve it.
If you would like examples of demand letters or more guidance about how to write them, you can find an excellent guide here. Just remember that you are checking a box before you file your actual claim, so the letter doesn’t need a lot of flourishes—it just needs to get the point across.
When you’re done writing, you will need to mail a hard copy of the letter, preferably as certified mail or some other service that allows you to confirm delivery, to their legal address. According to our most recent research, Disney Cruise Line is legally based in Florida and receives mail at this address:
MAGICAL CRUISE COMPANY, LIMITED
c/o CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301-2525
To get started suing Disney Cruise Line in Small Claims Court, you’re going to need to fill out some paperwork. Every state has different forms they need, and some counties have their own extra forms too. So, check your state and local court websites to see what forms and documents you need to complete. Googling your county name and “Small Claims Court” will usually lead you to these requirements.
Before you head to the courthouse, make sure you print enough copies: Many locations require that you bring three copies of your forms and, if you don’t bring enough copies, they won’t accept your claim.
When you’re done filling out the court forms, it’s time to give those forms to the court. This crucial process, called “filing”, sounds simple but it can present hurdles.
Many courts will require you to physically come to the courthouse during specific hours and days to hand-deliver the forms to the court’s clerk. Other courts may let you file by mail, fax or (increasingly) online.
Courts will also require you to pay a filing fee before they allow your to sue Disney Cruise Line in Small Claims Court. This fee, the amount of which will be published on your court’s website, can sometimes be waived if your income is below a certain level (known as a low income fee waiver). The court’s website or court clerk can tell you how to determine if you qualify for a waiver in your locality.
When you submit your forms, the court clerk will provide you with a stamped copy of the forms and a court date. Safeguard these and bring them with you on the day of your hearing.
Now is the time to tell Disney Cruise Line that you are officially suing them. This is a called “serving” your lawsuit on Disney Cruise Line.
To do this, you need to deliver a copy of your filed papers to Disney Cruise Line. Look at your court’s website for instructions on how to properly deliver your forms to Disney Cruise Line, or search for “[your state] small claims service of process”. Courts have many intricate rules about how to serve a defendant, and your claim can be dropped if you do not follow them perfectly. So be careful!
You will be given a court date by the court clerk (after you file your forms), and this is the date of your hearing. Some courts may still be allowing online hearings following the Covid-19 pandemic, and if that’s true for your case the clerk is the one who can tell you. You have to go to the right courthouse (or online meeting room) at the scheduled time with your copy of the filed forms.
Wherever your hearing is being held, make sure to bring whatever evidence you have that backs up your case against Disney Cruise Line. Sometimes, Disney Cruise Line will not show up to oppose you. If that happens, take advantage of the situation to focus on your side of the story.
The hearing is your time to shine: follow the judge’s instructions and tell them why you’re suing Disney Cruise Line. If the judge agrees that you’re owed compensation, they will issue a ruling against Disney Cruise Line.
Small Claims Court judgements typically are not appealable, so if the judge rules for you, then congratulations: you’ve won against Disney Cruise Line in Small Claims Court!
If you win compensation from your Disney Cruise Line lawsuit, before you leave the courtroom make sure you understand how and when the Disney Cruise Line is supposed to pay you.
Ready to sue Disney Cruise Line?If you’re looking for an alternative to Small Claims Court, consumer arbitration may be what you’re looking for…
The Ultimate Guide to Consumer Complaints
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