Davids DVC: Rental reimbursement or rescheduling?

Cyberc1978

DIS Veteran
Joined
Jul 19, 2016
100% I would a be entitled to a refund as you have described above.

I am surprised how some owners feel that they can shift all the risks associated with renting their timeshare and reap the benefits of having others help pay their dues etc. and think that not providing those people the agreed upon accommodations means they've fulfilled their obligations. Up until the time that the resort hotels closed (even after the parks already had) all the risk was with the renter, they still had the "option" to use their reservation for accommodations. Once the resorts closed (not by gov't regulation BTW, although it was the correct thing to do) all that risk flipped back to the owner. While its unfair that anyone, renter or owner has to take the burden of this, that's the way the contracts are written. If as a renter I had decided, or was unable to attend my reservation that's on me. As an owner not be able to provide what you offered to rent is on you.
You make it sound as your statement is the actual truth and the only truth. I assume you have no legal background related to this? If i'm right then your statement is just as good as a "truth" as anyone else'.
 

TheWheel

Earning My Ears
Joined
May 2, 2019
The points sold could be used for alternative accommodation through RCI and still have value. Whilst other options are available for use of the points it could be argued that the original owner of the point has completed any obligation. The points can be used for a holiday.
Rental contract refund clause states "Should accommodations not be available on date of arrival" not "Should points not be available on date of arrival"
 

Marionnette

Children see magic because they look for it
Joined
Sep 26, 2009
Rental contract refund clause states "Should accommodations not be available on date of arrival" not "Should points not be available on date of arrival"
The exact text of the clause is

Should accommodations not be available on date of arrival due to an action or omission by the Member, including but not limited to negligence on the part of the Member and after communication with the Intermediary, suitable comparable accommodations for the same dates cannot be secured by the Member, the Renter will be due a refund limited to the amount paid which is $XXXX.XX US Dollars.​
 
  • tallguy001

    Mouseketeer
    Joined
    May 1, 2012
    1. Member agrees to use his Disney Vacation Club (DVC) points to provide a reservation for Renter at:
    Resort : Room Type, with arrival on x/x/2020 and departure on x/x/2020.

    No reservation, no contract. Nothing about making points available for use via RCI. Cut and dried.
     

    Marionnette

    Children see magic because they look for it
    Joined
    Sep 26, 2009
    1. Member agrees to use his Disney Vacation Club (DVC) points to provide a reservation for Renter at:
    Resort : Room Type, with arrival on x/x/2020 and departure on x/x/2020.

    No reservation, no contract. Nothing about making points available for use via RCI. Cut and dried.
    You cannot sell an RCI reservation. Well, people do it but if RCI learns about it, they will cancel the reservation.
     

    Cyberc1978

    DIS Veteran
    Joined
    Jul 19, 2016
    You cannot sell an RCI reservation. Well, people do it but if RCI learns about it, they will cancel the reservation.
    Its not that I disagree however in this case things could be slightly different. You rented your points prior to moving them to RCI. When the points were in RCI the renter do not pay anything for them as they have already done so.

    When people normally rents a reservation they have already made the reservation on beforehand here that is not the case.
     

    DGsAtBLT

    DIS Veteran
    Joined
    Jan 10, 2017
    I'm curious too, wonder what they mean by an action plan thats is fair to both owners and renters.
    I wonder if it’s a return of the 30% and David’s profit to renters for the time being, almost splitting it down the middle.
     

    McCrae

    DIS Veteran
    Joined
    Aug 29, 2009
    1. Member agrees to use his Disney Vacation Club (DVC) points to provide a reservation for Renter at:
    Resort : Room Type, with arrival on x/x/2020 and departure on x/x/2020.

    No reservation, no contract. Nothing about making points available for use via RCI. Cut and dried.
    Reservation does exist. If the reservation is cancelled before check in date you may have a point but they are not. The obligation to provide a reservatipn has been completed. It doesn’t matter if a resort is or is not open. The owners obligation is not to do anything that may result in the reservation being cancelled, the owner has no obligation to provide accommodation.
     

    Marionnette

    Children see magic because they look for it
    Joined
    Sep 26, 2009
    I wonder if it’s a return of the 30% and David’s profit to renters for the time being, almost splitting it down the middle.
    That’s not what I’m reading on another message board. David’s indicated (thru email to an owner) that given the renter requested a refund, they would be returning the 30% and a portion of their fee to the renter IF they are unable to re-rent that owner’s points. However, it appears that the owner is not obligated (at this time) to refund the 70% that they had collected at the time the reservation was secured.
     

    Sandisw

    DVC Forums
    Moderator
    Joined
    Nov 15, 2008
    I am a renter, it’s a travel credit should the points not be able to be re rented.
    Interesting. I see this as an attempt to curb renters who file claims with CC for chargebacks, given the notion that this will continue longer,

    His travel credit would allow him , I assume, to simply have new owners book for the renter, But, where does money come from? I assume that the original 30% is being held from the current owner as some of his emails to owners has suggested?

    Maybe he figures holding those funds will help?
     

    Sandisw

    DVC Forums
    Moderator
    Joined
    Nov 15, 2008
    The exact text of the clause is

    Should accommodations not be available on date of arrival due to an action or omission by the Member, including but not limited to negligence on the part of the Member and after communication with the Intermediary, suitable comparable accommodations for the same dates cannot be secured by the Member, the Renter will be due a refund limited to the amount paid which is $XXXX.XX US Dollars.​
    I think right now the issue is more the renter and broker contract being void, not so much the owner and broker,

    But, my owner contract does say I get 30% upon check in and as long as the resort is closed, there is no longer a check in day. Therefore, I think there could be something there that prevents me from getting it, if you take the words at face value.

    I realize the language you quoted was from the renters contract, to me, that could be used by David’s to enforce it.
     

    Marionnette

    Children see magic because they look for it
    Joined
    Sep 26, 2009
    I think right now the issue is more the renter and broker contract being void, not so much the owner and broker,

    But, my owner contract does say I get 30% upon check in and as long as the resort is closed, there is no longer a check in day. Therefore, I think there could be something there that prevents me from getting it, if you take the words at face value.

    I realize the language you quoted was from the renters contract, to me, that could be used by David’s to enforce it.
    Actually, it was from the intermediary agreement that is between renter, David’s and the owner. The language in the owner’s agreement with just David’s is different.
     

    Sandisw

    DVC Forums
    Moderator
    Joined
    Nov 15, 2008
    Actually, it was from the intermediary agreement that is between renter, David’s and the owner. The language in the owner’s agreement with just David’s is different.
    My mistake about that aspect, But the rest is accurate in terms of what my contract directly with him is,

    That clause is really about the renter, I was talking about him having the right to keep the 30%. Since I agreed to those terms, I believe I am on the hook for that if the resort is closed because it says “at time of check in.”
     

    Marionnette

    Children see magic because they look for it
    Joined
    Sep 26, 2009
    My mistake about that aspect, But the rest is accurate in terms of what my contract directly with him is,

    That clause is really about the renter, I was talking about him having the right to keep the 30%. Since I agreed to those terms, I believe I am on the hook for that if the resort is closed because it says “at time of check in.”
    I’ll leave the legal interpretation to those with law degrees. Lacking any concrete language that defines what happens when actions occur outside of the control of both renter and owner, the onus appears to fall on the party that drafted the agreement(s).

    Whether you’re on the hook for 0%, 30% or 100% of what David’s collected on your behalf continues to be debatable.
     

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