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Residence Hall and Freshman Cerro Vista Apartments Residents

Dining Plan 2010-2011 Terms & Conditions

These Terms and Conditions are incorporated into the 2010 Dining Plan Agreement. These Dining Plans ("Plan" or "Dining Plan") are offered by Campus Dining, a unit of the Cal Poly Corporation ("CPC"), a nonprofit auxiliary that supports California Polytechnic State University ("University"), to Student as a resident of the residence halls or as a resident of on-campus apartments at University. CPC provides food service on campus on an exclusive basis to students as an integral part of the operation of the education services of the University. Payments of all related fees are paid and processed through University Student Accounts on behalf of CPC.

Campus policy and the University Housing license agreements require that all entering freshmen living on campus and all students living in the residence halls must have a Dining Plan for the full academic year. CPC offers several Plans for students living in Residence Halls (North Mountain Halls-Diablo, Lassen, Palomar, Shasta, Whitney, South Mountain Halls-Muir, Trinity, Santa Lucia, Fremont, Tenaya, Sequoia, and Sierra Madre, Yosemite), and an "apartment" Dining Plan option for students living in Cerro Vista Apartments or Poly Canyon Village.

1. CAMPUS DINING CUSTOMER SERVICE. The Customer Service office is in the same office as the University's PolyCard office, 19 Metro station Atrium, Building 19, 805-756-5939, campusdining@calpoly.edu.
2. DINING PLAN SELECTION. The Student is selecting a Plan that offers a fixed number of Dining Credits weekly and a fixed amount of Plu$ Dollars quarterly. These Dining Plans are offered for the full academic year only. The Plan choices are as follows:
   1. Residence Hall Plans. Students who are assigned to a Residence Hall will select among the following Plans for the Fall, Winter and Spring Quarters, for the total cost of $4,339:
      • Freedom Plan: 8 Dining Credits weekly and 475 Plu$ Dollars quarterly
      • Flexibility Plan: 10 Dining Credits weekly and 300 Plu$ Dollars quarterly
      • Value Plan: 12 Dining Credits weekly and 75 Plu$ Dollars quarterly
   2. Apartment Life Plan. Only Students who are assigned to either Cerro Vista Apartments or Poly Canyon Village (together known as "Apartments") accommodations will select this Plan for Fall, Winter and Spring Quarters, for the total cost of $3,504:
      • Apartment Life Plan: 8 Dining Credits weekly and 200 Plu$ Dollars quarterly.
3. PLAN ACCESS. The Plan is a type of Value Account Plan that is accessed through the magnetic strip on the back of the Student's University ID card (PolyCard). Students must present the PolyCard at the cash registers to purchase goods with the Dining Plan. It is the Student’s responsibility to acquire the PolyCard before using the Dining Plan. Campus Dining provides all food service support at the University, and Campus Dining Customer Service (Customer Service) is located in 19 Metro station Atrium, Building 19, 805-756-5939, in the same office as the University's PolyCard office.
4. DINING CREDITS AND PLU$ DOLLARS.
   1. Dining Credits.
      1. Dining Credits are "Cash Equivalency Credits" that allow students to use one Dining Credit per meal period to purchase items to eat in or take-out up to the Cash Equivalency amounts for the specific Meal Period, which are: Breakfast $7.90; Lunch $8.75; Dinner $10.75; Late Nite: $8.75.
      2. If the Student selects items at a Meal Period valued at more than that meal’s Cash Equivalency, the difference will be deducted from the Student's Plu$ Dollars, or the Student may pay the difference in cash, credit card, or with value on the Campus Express Club.
      3. The Dining Credits reset weekly on Saturday morning at 2 a.m. of each week, with the week re-starting with Saturday breakfast.
   2. Plu$ Dollars. Plu$ Dollars are a dollar for dollar declining balance account that may be used for other dining/food purchases.
      1. Credited to Account and Roll Over. The quarterly Plu$ Dollars will be credited to the Student's Plan account at the beginning of each quarter. Unused Plu$ Dollars from the Fall Quarter will roll over to the Winter Quarter; and all unused Plu$ Dollars from the Winter Quarter will roll over to the Spring Quarter.
5. FORFEITURES.
   1. Dining Credits. Unused Dining Credits are forfeited when the Plan resets each week. There are no substitutions or refunds for missed meals, either on a weekly or quarterly basis.
   2. Plu$ Dollars. Plu$ Dollars remaining in the Plan at the end of the Spring Quarter are forfeited.
6. VENUES. Venues may be added or changed (or names changed) throughout the year. Venues may be open for only some Meal Periods, which will be posted at each venue and at www.calpolycorporation.org/campusdining/hours.asp.
   1. Dining Credits. The Dining Credit component can be used at 19 Metro station, Sandwich Factory, Einsteins Bros. Bagels and VG Cafe.
   2. Plu$ Dollars. Plu$ Dollars can be used at all Campus Dining locations on campus.
7. DINING PLAN SCHEDULE. Fall Quarter Dining Plan meals begin with dinner on Monday, September 13, 2010 before the start of the Week of Welcome ("WOW"), and ends with dinner on Friday, December 10, 2010. Meals are not served Thursday, November 25 through Saturday, November 27 2010, for Thanksgiving. At the end of the Thanksgiving academic holiday, meals begin with Sunday brunch, November 28, 2010. Winter Quarter meals begin with Sunday brunch, January 2, 2011, and ends with dinner on Friday, March 18, 2011. Spring Quarter meals begin with Sunday brunch, March 27, 2011, and ends with dinner Friday, June 10, 2011.
8. PLAN EXCLUSIONS. Dining Credits and Plu$ Dollars cannot be used to purchase gift certificates, emblematic clothing/apparel, alcohol, or to pay gratuities. Dining Credits and Plu$ Dollars are only accepted at Campus Dining (food service) locations, and are not accepted at El Corral Bookstore, Pony Prints, Health Services, or for printing at computer labs.
9. MULTIPLE VALUE ACCOUNT PLANS. There are multiple Value Account Plans available to Student on campus and all are accessed through the PolyCard. The cash registers are generally set to deduct value from the PolyCard in the following order: Dining Credits, Plu$ Dollars, Dining Dollars, and then Campus Express Club. The Student can ask the cashier in advance of payment to deduct a purchase from a specific Value Account Plan for a particular purchase, assuming that Value Account Plan is valid for that purchase.
10. CANNOT ADD VALUE. The Student cannot add funds or value to this Plan. The Student may add value to a different declining balance account that would be valid at the food venues on campus, Campus Express Club, by logging into the MyCalPoly portal (http://my.calpoly.edu), going to the Money Matters tab, and clicking on the Campus Express Club channel.
11. CONDUCT. Students are enrolled for educational pursuits and the expectation is that their conduct will preserve an atmosphere of learning. Any Student whose conduct or behavior in or about food service venues is disruptive or in violation of law or University regulations may be subject to University disciplinary action, and Revocation of their Housing License and/or Revocation of the Dining Plan Contract.
12. SPECIAL DIETARY NEEDS. Campus Dining will do its best to accommodate special or restrictive diets, however, there is no guarantee that it will be able to satisfy all dietary requirements or desires. Please contact Campus Dining prior to applying for a Dining Plan
13. CHANGING PLANS. Student will select one of the Freedom, Flexibility, or Value Dining Plans prior to the start of the Fall Quarter, and have made the required payment(s).
    1. Process for all Plan changes.
       1. Change Request. Student must get the Change Request Form at Campus Dining Customer Service, and return the completed form to Customer Service during the Change Period. Dining Plan Change Request Forms will not be accepted at other times, and no changes to any Dining Plan are permitted at any other time.
       2. Change Periods.
          1. Between September 15 through 24, 2010, to be effective Fall Quarter, with new Dining Plan starting no later than Saturday, September 25, 2010, or
          2. Between November 29 through December 10, 2010, to be effective Winter Quarter, with new Dining Plan starting Sunday, January 2, 2011; or
          3. Between March 7 through March 18, 2011, to be effective Spring Quarter, with new Dining Plan starting Sunday, March 27, 2011.
    2. Change Request for Residence Hall Students. Student may request a change among the three Residence Hall Dining Plans during the Change Period.
    3. Change Request for Apartment residents. Students living in the Apartments may purchase a Residence Hall Plan after purchasing the Apartment Life Plan, but the Student must submit the Change Request Form during one of the Change Periods. Any additional charges will be added to the Student’s Student Account balance. The Student may not change back to the Apartment Life Plan once the Student changes to a Residence Hall Plan.
    4. Change request related to Student moving between a Residence Hall and Apartments.
       1. Residence Hall to Apartment. If the Student moves between from a Residence Hall housing unit to an Apartment housing unit, as a service, Customer Service will change the Student’s Dining Plan to an Apartment Life Plan during the next Change Period. Student may request to remain in the Residence Hall Dining Plan by contacting Customer Service.
       2. Apartment to Residence Hall. If a Student moves from an Apartment housing unit to a Residence Hall housing unit, the Student is required to purchase a Residence Hall Plan (instead of the Apartment Life Plan) no later than the next Change Period. Student agrees that CPC may change the Student’s Dining Plan to the Freedom Plan to be effective after the next Change Period if Student does not submit a Change Request; Student will be obligated to pay the additional costs of that Residence Hall Dining Plan Student would be eligible to submit a Change Request Form to a different Residence Hall Plan at the next Change Period.
14. PAYMENT BY FINANCIAL AID. Students receiving prior approval from the University Financial Aid Office may be eligible to have Plan payment(s) made from their financial aid award. Financial Aid that can be used for Plan payment(s) include certain types of grants and/or student loans, but does not include Federal Work-Study or general scholarships. Financial Aid eligibility is confirmed by CPC from University Financial Aid as University makes the information available. University will email notice to Student of Student’s ineligibility or if Financial Aid cannot pay for all or some of the Plan. However, if payment by Financial Aid is requested and the Student (or his/her Financial Aid) is found to be ineligible or has insufficient Financial Aid funds to pay the Plan payment(s) as required, the Student is responsible for all payments due by the due date(s), including any Late Fees.
15. LATE ADMIT TO UNIVERSITY. Student who is accepted into University Housing after July 15 which forces Student to apply for the Dining Plan after the initial application and payment deadline, should contact Cal Poly Corporation Accounts Receivable at 805-756-1192 to determine Late Fees, any adjustments to the Dining Plan fees and payment schedule, or other fee assessments or changes.
16. FEES.
    1. $35 Returned eCheck/check fee. If a check or eCheck payment is returned for any reason, including an erroneously entered account number, the Student will be liable for the amount of the check plus a returned check fee of $35, plus any applicable Late Fee(s). Most Money Market Accounts and Lines of Credit do NOT allow eCheck transactions and use of an invalid account will result in the $35 dishonored eCheck charge. This fee will be added to the Student’s Student Account balance and will be due immediately.
    2. $21 Installment Plan fee. If the Student elects to make installment payments an installment plan service fee of $21 is due. This fee will be due at the time the Student elects to make installment payments, with the first installment payment.
    3. $25 Late Fees. Student agrees to pay a Late Fee of $25 if any payment is not received by the scheduled payment due date. Late charges will be assessed for each month the account remains delinquent, which may include Late Fees or charges from a previous month. This fee will be applied to the outstanding balance, and if the Student has elected to make installment payments, the fee will be prorated throughout the remaining payment schedule.
       1. Returned eChecks or insufficient Financial Aid for payment of the Dining Plan may result in a Late Fee being assessed.
       2. Cancellation requests made before or after a payment are due (but not timely paid by Student) are also subject to Late Fees, even if the cancellation is later approved. Cancellation request reviews may take 4-6 weeks to process.
    4. Credit card payments with 2.9% Convenience Fee. Payments may be made by MasterCard, American Express and Discover cards, and a 2.9% Convenience Fee will be added to the required payment. (Visa is not accepted.) This fee will be due at the time of credit card payment.
    5. Cancellation Processing Fee. All cancellation requests submitted on or after the commencement of this Agreement (September 13, 2010) are subject to a $40 processing fee by CPC. This fee will be due prior to any Refunds being issued, or if no Refund is due or an unpaid balance is due, the fee will be charged to the Student’s Account.
17. NONPAYMENT OR DELINQUENT. Nonpayment or late payment of fees may, at the discretion of CPC, result in one or more of the following: Assessment of a late fee; Suspension of Dining Plan access, without compensation for missed meals; revocation of the Dining Plan Agreement with financial penalties as noted in the Terms and Conditions; a Business Hold on the Student’s account, which includes withholding of University services pursuant to Title 5 Cal.Code.Reg.§42380, such as withholding official transcripts and denial of registration; offset of paychecks, loans, grants or scholarships payable through the University or Corporation, or tax refunds through the Franchise Tax Board, as allowed by law; notification of default to credit bureau organizations; employment of a collection agency to collect all delinquent amounts. Any attorney fees and other reasonable collection costs and charges accrued during the collection of said amounts are the responsibility of the Licensee; or Legal action to collect unpaid obligations.
18. CANCELLATION. To request a cancellation, please do not put a stop payment on any checks or credit card payments. Cancellation requests to University Housing, if approved, will also cancel the Dining Plan Agreement and Student will be provided a Refund of funds paid to date for this Dining Plan. Refer to the Housing License Terms and Conditions for acceptable cancellation bases.
    1. Prior to the Agreement commencement date. The University Housing cancellation form is available at http://www.housing.calpoly.edu/documents/refund_req_cp_hsng_meals.pdf. This written notice is required regardless of the reason for the cancellation and needs to be made directly to University Housing. A cancellation request by a student who is under 18 years of age shall be accompanied by the written consent of the parent or legal guardian.
       1. Prior to August 13. Students must submit the cancellation form no later than August 13, 2010. There are no cancellation fees by CPC or University Housing during this time.
       2. Between August 14 and September 12 (prior to move-in). Students must submit the cancellation form by September 12. University Housing will charge a cancellation fee during this period.
       3. After September 12. After this move-in date, Students submit a Petition to Cancel; the form is available at the University Housing office. CPC will charge a $40 Cancellation Processing Fee, and University Housing will charge a cancellation fee.
    2. Address. Cancellation letters may be faxed to University Housing at (805) 756-5947, or mailed to: Cal Poly State University, University Housing Administration Office – Bldg. 31, San Luis Obispo, CA 93407-0207.
19. REFUNDS.
    1. Calculation. Any Refund due to Student is prorated based on a daily calculation of the paid unused Dining Credits and unspent Plu$ Dollars based on the University academic calendar, which includes spring break, University holidays and shortened weeks, minus the Cancellation Processing Fee, and, if applicable, any unpaid fees due under this Agreement. The billing week is Sunday through Saturday. A Refund is calculated from the date of official withdrawal from the University, the date of the written complete cancellation form to University Housing, or the last use of the Dining Plan, whichever is later.
    2. Fees and Missed Meals not refunded. The Convenience, Installment, Returned Check and Late fees will not be refunded. There are no refunds on missed meals.
    3. Available through Student Account. Refunds will be submitted to the Student’s account at University, and will be subject to University refund, disbursement, and business hold policies, as authorized per §41802 and Title 5 of the California Code of Regulations and other applicable law. Refunds deposited from CPC to a Student’s account will first be applied to repay any funds due to federal, state, institutional or external sources that were conditioned on the Student’s enrollment. The Student agrees that the balance of any refunds will be carried as a credit balance on the Student’s Account, unless the Student requests disbursement of the credit balance. Credits held in a Student’s account will be applied to any outstanding charges for University services on the Student’s Account, with application to the oldest charges first, then to more recent charges. The Student may submit a disbursement request to the Student Accounts Office per their policies. This refund process also applies to a Student who is no longer registered as a student at University.
    4. Refund deadline. No Refund for any Dining Plan shall be made for any reason after the beginning of the last week of classes of the Spring Quarter.
20. REVOCATION. The Dining Plan Agreement is subject to the regulations contained in Title 5 of the California Code of Regulation, Sections 42000 through 42103. Revocation (or termination) of the Dining Plan Agreement does not release Student from payment obligations for the entire Agreement, and Student will forfeit any remaining Dining Credit or Plu$ Dollar balances under the Plan and any prepaid Dining Plan payments or fees. No Refunds are given for revocation of a Dining Plan Agreement.
    1. Breach resulting in Revocation. CPC may revoke this Agreement upon the following conditions:
       1. Student's material breach of any Term or Condition of this Dining Plan Agreement, including failure to pay required fees; or
       2. Student whose conduct or behavior in or about food service venues is disruptive or in violation of law or University regulations.
    2. Revocation of Housing License or Financial Aid does not revoke Dining Plan Agreement. Revocation of the Student's Housing License or Student’s Financial Aid does not release the Student from financial obligation for Student's Dining Plan, and it does not result in a revocation of the Dining Plan Agreement
21. NO INTEREST. No interest or other earnings will be credited to the account by Cal Poly Corporation.
22. NO TRANSFERS. The use of the Plan is limited to the Student whose name appears on the PolyCard. The value and the Plan may not be resold, assigned, transferred, or used by anyone else without prior authorization of CPC.
23. UNAUTHORIZED USE. Unauthorized use of a PolyCard or a Plan, including use by a party other than the person identified on the PolyCard, or tampering with or altering the PolyCard may warrant confiscation and possible disciplinary action by the University, a fine, and possible forfeiture of value expended.
24. LOST OR STOLEN CARDS. The Student is responsible for any charges on a lost or stolen PolyCard. Student is responsible for maintaining the integrity of the PolyCard in good working order. Magnetic fields, such as those created by TV, stereo, microwave, or magnetic clasps of wallets and purses can make a card unreadable, as can heat, water and eel skin. A minimum charge of $5 will be charged by University's PolyCard office to replace a PolyCard for any reason. The PolyCard must be readable by cash registers in order for a purchase to be transacted. It is the Student’s responsibility to report a lost or stolen PolyCard by:
    1. Logging into the MyCalPoly portal (http://my.calpoly.edu), going to the Money Matters tab, clicking on the Campus Express Club channel, then clicking Lost/Stolen Card on the right, which deactivates the PolyCard and all Value Account Plans on the PolyCard;
    2. Visiting Customer Service; or
    3. Calling Customer Service at 805-756-5939 during weekday business hours.
25. MISCELLANEOUS. Any situation not specifically addressed herein will be resolved at the sole discretion of CPC.
26. AMENDMENT OF TERMS. CPC may amend the terms of this Contract at any time.

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