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Dining Agreement

General

Participation in the University of Delaware's (the "University") dining plan brings with it certain legal obligations and responsibilities. This document, together with the Student Guide to University Policies, constitute the agreement (the "Agreement") between you (the "Student") and the University. By your submission of this Agreement to the University, you are accepting and agreeing to comply with the terms and conditions of the Agreement.

Submission of this Agreement electronically via the University's Web page shall have the same legal force and effect as submission by mail or in person. The Agreement, including other material incorporated by link or reference, is subject to change as deemed necessary by the University without prior notice.

Dining Plan Requirements
All students living in a residence hall, except those living in the Christiana Towers Apartments and Graduate Student and Family Housing, are required to purchase a full‐size dining plan for each semester or session of residency.

A. All students living in a residence hall who do not select a dining plan on or before the start of classes each semester will be automatically assigned the default plan comprised of the 10 Weekly meal plan. Students living in the Christiana Towers Apartments, Graduate Student and Family Housing, and off campus may purchase any of the optional, Points, or full‐size plans.

B. A full‐size dining plan for winter session and summer session is required for students living in a residence hall during these sessions. Students living in the Christiana Towers Apartments, Graduate Student and Family Housing, or off campus may purchase any of the optional or full‐size dining plans for winter session or summer session.

Unused Meals and Points

The number of weekly Meals is re‐set each Sunday, and any missed or unused Meals from the previous week are forfeited and may not be carried over from week to week. The number of Meals in block or anytime plans are valid for the semester or session and are forfeited and may not be carried over from semester to semester. Unused Points from summer session, fall semester and winter session may be carried over and used in the next semester and session.

All unused Points remaining at the end of the spring semester are forfeited, have no value and may not be redeemed or refunded.


Term of the Agreement

The Agreement becomes effective on the Binding Date, as defined in the Agreement. As of that date, the Student becomes fully liable for payment of the established rates for the selected dining plan, which payment must occur by the Published Payment Deadlines. The Agreement shall remain in full force and effect for the remainder of the term of the Agreement unless the Student is released from this Agreement by the University. A release will only be granted for the limited reasons set forth in the Cancellation policy.

Dining Plan Change

The Student can change or make adjustments to his or her dining plan selection prior to initialization (date determined and publicized each semester) and is provided one final opportunity to change his or her dining plan between initialization and the drop/add deadline. The final deadline to change a dining plan selection is the drop/add deadline for classes each semester or session.
Calendar

The opening and closing dates for the University's dining halls and facilities shall be as set forth in the Academic Calendar.

Cancellations

Submission of the Agreement establishes a legal relationship between the Student and the University for the provision of dining services during the term of the Agreement. Cancellations that occur prior to the Binding Date of the Agreement are considered cancellations of the dining services application, and the Student is not liable for any charges thereafter. For cancellations requested after the Binding Date of the Agreement, the Student is fully liable for payment unless and until the Student is released from the Agreement. A release will only be granted for the limited reasons identified in the Cancellation Policy.  Students are advised that, if a release is not granted by the University, they will remain liable under the Agreement even if they choose to vacate the assigned room and live elsewhere.

Change of Residence

A. If the Student moves from a residence hall room to the Christiana Towers Apartments, the Student may cancel or change his or her Dining Services agreement on the date that the room change becomes effective.

B. If the Student moves into a residence hall after the beginning of the academic year, the Student must select one of the full‐size dining plans.
C. If the Student is released from the Housing Agreement and wishes to cancel or change his or her Dining Services Agreement, the Student must submit a request to cancel or change his or her Dining Services Agreement. If a request to cancel or change the Dining Services Agreement is not granted, the Student remains liable for the dining plan through the end of the current semester even if the Student no longer resides in a University residence hall.

Termination

The University may unilaterally terminate the Agreement for the breach of any term or condition by the Student. The University also reserves the right to terminate a dining plan without prior notification to the Student if the Student fails to register for classes or occupy his or her University housing assignment, pay University charges, fees or fines or maintain academic status, as described in the Student Guide to University Policies.

Student Identification Required

The Student must present his or her University ID card when using a dining plan Meal or accessing dining plan Points. The ID card is the property of the University, is the responsibility of the Student, and may not be transferred or loaned to another student or any other individual. The University assumes no liability for Meals or Points used by a third party.

Compliance with University Rules, Regulations and Policies

By entering this Agreement, the Student accepts and agrees to abide by all University rules, regulations and policies, including those set forth in this Agreement, Rights and Responsibilities and the Student Guide. A student who violates any rule, regulation or policy may be subject to disciplinary action by the University. Failure to comply with this Agreement or any other University rule, regulation or policy may result in this Agreement's revocation, and the Student may be banned from University dining halls and other University facilities, may be required to move to a residence hall where a dining plan is not mandatory, or may be prohibited from living in the residence hall. A Student removed from a residence hall or dining facility for violations of any such rule, regulation or policy, but who remains enrolled at the University, is liable for all costs under his or her dining plan and housing agreement.
Winter Session Occupancy

Students residing on campus for winter session, except those living in the Christiana Towers Apartments or Graduate Student and Family Housing, are required to maintain a full resident dining plan.
Summer Session Occupancy

Students residing on campus for summer session and enrolled in classes or research projects, except those living in the Christiana Towers Apartments or Graduate Student and Family Housing, are required to purchase a full dining plan.

Controlling Documents

In the event of a conflict between this Agreement, the regulations, policies or procedures published by Dining Services, Housing Assignment Services, the Office of Residence Life or Facilities, and the Student Guide to University Policies, the Student Guide will control. 

Waiver
No delay or failure to exercise any right or power granted under the Agreement shall impair any such right or power or be construed to be a waiver thereof.

Severability

If any term or provision, or any portion thereof, of this Agreement is declared invalid or unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.
Governing Law

This Agreement shall be governed by, and construed and interpreted in accordance with, the internal laws of the State of Delaware, without reference to its conflict of laws principles.
Rights & Responsibilities of Dining Plan Holders

Dining at the University of Delaware is a pleasant experience. To keep it that way, the University's code of conduct outlines proper mealtime behavior. Infractions and violations are subject to disciplinary action by the Student Judicial System, as described in the Student Guide to University Policies.

- As a UD student and dining plan holder, you are welcome in all campus dining locations. Feel free to dine with any guests, including University faculty and staff.

- Eat as much as you care to eat during all visits to the dining hall. To prevent waste, however, you will be asked to take one serving, then come back for seconds. Food and beverages may not be carried out of the facility, unless designated otherwise. As part of  an effort to control dining costs, your parcels, book bags, and backpacks may be subject to inspection.

- Theft and misuse of property, food or beverages from the dining locations are prohibited. You will be held accountable and billed for any damage or theft.

- Keep It Clean: Return all trash and tableware including glasses, china, and utensils to designated areas. Your cooperation ensures a pleasant dining environment for everyone.

- No shirt, no shoes‐‐no service! For health and safety reasons, wear proper attire when dining.

- Keep your University ID card secure at all times to prevent unauthorized use. Your card is for your use only. You cannot transfer it to anyone else. Misuse of your ID card will be subject to disciplinary action.

- You will not be held accountable for any Meals/Points transactions once you have reported your ID card lost or stolen. Be sure to report a lost ID card as soon as possible by calling UD1‐CARD (831‐2273) 24 hours a day to prevent unauthorized use. Replacement cards are issued by the ID Card Office in the Student Services Building.

- If you pay cash for a meal covered by your dining plan because your University ID card is defective or lost, you can receive a refund. Ask the cashier for a refund slip. Your refund request will be processed in the Student Services Building on the next business day. To receive a cash refund, appear in person and present your ID card (or its replacement) at the Student Services Building.

Dining Plan Charges

You will be charged for the dining plan you selected beginning on the Binding Date through the end of the term of the Agreement unless the University releases you from the Agreement. All dining plans are billed on a semester/session basis.
Automatic Renewal

A. For residence hall students, the dining plan selection for the fall semester will automatically carry over to the spring semester unless you request a change by the fall drop/add deadline for classes.

B. For Christiana Towers Apartments students, your dining plan selection for the fall semester will automatically carry over to the spring semester unless you request a change or a cancellation by the fall drop/add deadline for classes.

Cancellation Policy

Cancellations that occur prior to the Binding Date of your Dining Services Agreement are considered cancellations of the dining services application. Cancellations that occur after the Binding Date have no effect on the Student's obligations unless and until the University grants the Student a release from the Agreement. The following sections describe the policies governing cancellations and releases.
Student‐Initiated Cancellations Before Binding Date

To cancel a dining services application before the Binding Date of a Dining Services Agreement, the Student must submit a written cancellation request either by mail to Dining Services, University of Delaware, Newark, DE 19716, by e‐mail (diningservices@udel.edu) or in person at the Student Services Building. The Cancellation is deemed submitted on the date it is received by the University.
Student‐Initiated Cancellations After Binding Date

The Agreement is binding for the entire length of its term. A Student who cancels his or her Agreement after its Binding Date remains fully liable for payment unless and until a release is granted by the University. A Student's failure to pay fees or charges due under the Agreement does not constitute cancellation of the Agreement and any unpaid fees or charges will be added to the breaching Student's University account statement. A Student will be released from his or her Agreement after its Binding Date only in the  following circumstances:

- The Student is released from his or her Student Housing Agreement. Failure to occupy the assigned residence hall space after the Binding Date and dismissal from the University or the Student Housing Agreement for failing to comply with University rules, regulations or policies are not grounds for release, and do not constitute cancellation of the Student Housing Agreement. A Student who remains enrolled at the University is liable for all costs under his or her dining plan and housing agreement. A Student released from a Student Housing Agreement must request a change or cancellation of the Dining Services Agreement.

-  The Student lives in the Christiana Towers Apartments, Graduate Student and Family Housing, or off campus, and requests a cancellation on or before the academic drop/add deadline for that semester.

- The Student seeks a release for medical reasons which are documented by the Student Health Center and after consultation with the Dining Services Dietitian. All cancellation requests must be submitted in writing by mail to Dining Services, University of Delaware, Newark, DE 19716, by e‐mail (diningservices@udel.edu) or in person at the Student Services Building.
Other Circumstances

A Student may also submit a request for cancellation where the Student faces serious circumstances other than those listed above. The Student must submit a written request to Dining Services. Normally, this request must be submitted at least five working days before you can be released from your Agreement. Requests must be accompanied by relevant and substantial supporting documents, such as financial changes verified on a Financial Aid form or a medical statement verified by the Student Health Service and Dining Services Dietitian.

In the Event of Release

If the cancellation request is approved by the University, the Student's University account will be credited based upon a prorating of unused dining plan Meals for the remaining days of your dining plan term less two weeks (14 days) plus the value of any unused Points. Any credit balance in the Student's account may be transferred to a FLEX account. For sessions or programs other than the fall or spring semesters, applicable refunds will be calculated based on the refund schedule.
Appeals

Dining Services
153 Perkins Student Center
Newark, DE. 19716
tel 302.831.6761
fax 302.831.2643