Can/Does DVC get involved legally?

[Tinkrbell]

Would/Has DVC ever been involved in a contract dispute between a renter and a rentee?

Is that even a legal possibility or is it stated in the member guidelines?

 

[floridafam]

Let me first say, what happened?

You don't have to answer that if you don't want to or if you are just asking.

I don't think they would. Your contract is your contract. I really think they would politely decline to get involved in any situation and probably have the legal right to do so.

I haven't read all of the paperwork or really done research on this but I think it would probably involve just the renter and rentee and possibly the courts if it went that far. Sure, they might keep tabs on what is going on in one way or another but I think they would sit back and let the renter, rentee and any legal parties work things out.

I'm sure someone here has more insight on this issue.

 

[Richyams]

If the occupant does damage, the owner is responsible....say the papers.

That would be an interesting thing to see the outcome of. You tenent has a wild party, vomit, broken glass, TV, neighbors yelling, security throws them out and bills $2,500 in damages.

Does that just get added to the owners dues statement?

Does the owner sue the tenent to recover?

Am I close?

 

[Tinkrbell]

Sorry Richyams, nothing that exciting.

In this situation I am the Rentee, not the renter. We have a contract, and I have paid my portion, but haven't heard from the renter in months.

My Reservation is still there, I've been calling MS frequently, but am a little concerned that I haven't heard from her (emails).

This is the first time I have ever rented and am VERY, Very concerned. Although I have no reason to believe they would cancel and keep my money its still very hard to relax. And believe me, my DH has to listen to me regularly about why HE didn't buy at BCV's during pre-sales back in March/02!

Sorry there's no drama, just a concerned question. Thanks

 

[RobDoc]

Originally posted by Tinkrbell
Would/Has DVC ever been involved in a contract dispute between a renter and a rentee?

Is that even a legal possibility or is it stated in the member guidelines?

It is clearly stated that any rental is strictly between the member and renter- DVC will not intervene/assist in any way. There is a mention of the need for a contract between member/renter, but it goes on to state that even if there is not a contract, the renter is still subject to all conditions of use as any member.

Unless you are needing to change something regarding your reservation, there probably isn't anything you'll need from the member. (Although, I would expect a reply out of common courtesy.)

Good Luck and enjoy your trip!!

 

[mikesmom]

When is your reservation date? If you areclose to, or within the 30 days, I'd relax. If the Rnter cancels a ressie within 30 days, they are harming themselves. All kinds of hassles with the points when a resevation is cancelled within the 30 day window.

 

[GAIL HAYDEN]

Originally posted by mikesmom
When is your reservation date? If you areclose to, or within the 30 days, I'd relax. If the Rnter cancels a ressie within 30 days, they are harming themselves. All kinds of hassles with the points when a resevation is cancelled within the 30 day window.

Well, while that is true, what kind of recouse does the renter have for the money already advanced? There is little hassle with the points for a cancelled reservation within 30 days, holding accts. are not a big issue and if you have been paid for the points on the reservation, there is really no loss. I would be dishonest as he** and that would bother me more than the loss of points.

 

[Tinkrbell]

Gail Hayden-I'm a little lost on your point. What do you mean by holding acct. if you've already been paid for the reservation? btw, our res. isn't until the fall.

 

[DebbieB]

If a DVC reservation is canceled 30 days or less, the points go into what is called a "holding account" and cannot be used for a reservation more than 60 days in advance and expire at the end of the owner's use year. A cancellation more than 30 days the points just go back into the owner's account as usual. It really wouldn't matter in your case unless you would have to cancel for some reason. Is there a provision in your contract regarding if you need to cancel?

As long as MS says your reservation is still valid, I wouldn't worry. Is it someone who posts here regularly? If the member would cancel on you, then your only recourse would be to take them to small claims court, DVC would not get involved.

 

[Dean]

Originally posted by GAIL HAYDEN
Well, while that is true, what kind of recouse does the renter have for the money already advanced? There is little hassle with the points for a cancelled reservation within 30 days, holding accts. are not a big issue and if you have been paid for the points on the reservation, there is really no loss. I would be dishonest as he** and that would bother me more than the loss of points.

Gail, I disagree. If the points are borrowed, banked or late in the use year there is considerable risk to the DVC owner even if outside the 30 day window.

 

[GAIL HAYDEN]

Originally posted by Dean
Gail, I disagree. If the points are borrowed, banked or late in the use year there is considerable risk to the DVC owner even if outside the 30 day window.

I agree with what you are saying Dean, I was looking at it from a renter's point of view. If the member decided to back out on the deal, not refund the renter's money, I doubt that particular member would have any reason to care if the points were banked, put in a holding account or lost. The member has the money. He/she has bilked the renter. That was my only point.

 

[Tinkrbell]

AHH, now I understand. And I have to agree with you. IF someone is going to be that dishonest why should they care what happens after that. They could go themselves for that matter, and not care one bit.

 

[Dean]

Originally posted by GAIL HAYDEN
I agree with what you are saying Dean, I was looking at it from a renter's point of view. If the member decided to back out on the deal, not refund the renter's money, I doubt that particular member would have any reason to care if the points were banked, put in a holding account or lost. The member has the money. He/she has bilked the renter. That was my only point.

Sorry, misunderstood.

 

[PamOKW]

Back to the original question.

No, DVC wouldn't touch a dispute between a renter and a rentee with a 10 foot pole. It is a purely personal agreement.

While renting is legally permitted, DVC provides bold face statements throughout the offering documents trying to discourage the practice .

 

[GAIL HAYDEN]

Originally posted by Dean
Sorry, misunderstood.

Easy to do after rereading my first post. Sometimes getting what I want to say from my brain to the page is tricky (happens when you get old. )

AHH, now I understand. And I have to agree with you. IF someone is going to be that dishonest why should they care what happens after that. They could go themselves for that matter, and not care one bit.

What I posted was totally hypothetical, and in no way was meant to alarm you.

 

[crisi]

Tinkrbell,

What are you emailing your renter for? Is this just a "I want to touch base" email?

Your renter may also have had a change in email address. I've been known to change my email address without having my old address turned off for bounce back (and at the company I work for, if I leave, your mail would get forward to my boss for a few months before you'd get bounce backs - and my boss would just be deleting DVC messages).

 

[PamOKW]

Crisi, I had a similar thought but I'm not sure how to phrase it for Tinkerbell. I'll give it a try.

I understand that the person you are renting from should be courteous and pleasant to deal with, especially if they may want to rent to you again in the future. However, once the agreement has been established and deadlines for payments and confirmations set, there doesn't need to be a lot of additional contact. In fact, they may not want to get deeply involved in your vacation. Questions regarding the transaction, of course, should be answered promptly. Question about how to get the best room, how to make reservations, what's the weather like at that time, etc. are not part of the package. They aren't a travel agent or resort owner. Your e-mails may not be of this nature, but if they are, that may be why they are not being responded to promptly.

 

[eva]

Maybe the person is out of town or had a family emergency and hasn't had a chance to check their email. If you have been trying to contact them for months though that does seem like a long time with no response. I know that you said that you haven't heard from them in months. Have you been trying to contact them for months with no response?

 

[Caskbill]

FWIW you might send one more e-mail with a request read receipt. (In IE it's <i>New Message, Tools, Request Read Receipt</i>.

One of two things will happen:

1. You get a receipt that your message was received. If they don't answer your e-mail, then the person is ignoring you.

2. You don't get a receipt. This means one of two things:
A) They never got your message in the first place
B) They got your message but deliberately elected to not send the read receipt. (They checked NO when their computer asks them "the original sender has requested a read receipt and do you want to send them one YES or NO").

If you get #1 above, then at least you'll know your message is getting to them. It might be worth a try.

 

[crisi]

Or, possiblility three, they use an email system that doesn't support return receipt requested. I use an old freeware version of Pegasus. Keeps the viruses down, but doesn't have a lot of fancy features