Davids asking an owner to cancel the reservation

[CarolynFH]

I wouldn't do it. The insurance company could come after you for breaking the contract.

I agree. I think the renter is trying to pull a fast one on the insurance company, trying to be reimbursed on the grounds that the owner cancelled. The insurance should pay only if the renter is prevented from traveling by a problem that the insurance contract says it will cover.

 

[pirate33]

I think the renter is trying to pull a fast one on the insurance company, trying to be reimbursed on the grounds that the owner cancelled. The insurance should pay only if the renter is prevented from traveling by a problem that the insurance contract says it will cover.

I’m not totally sure of this. One can buy “cancel for any reason” coverage, and I have done that for several trips post-Covid. If the insured invoked that coverage, I could see the carrier requiring proof that the accommodation was cancelled to avoid having the insured both get reimbursement from the carrier and taking the trip. Potentially the same would be true if the insured had another covered reason for cancelling like illness in the family. I’ve never made a claim on travel insurance so I don’t have experience with that.

Overall, I’m not sure about the insurance fraud angle one way or another but wanted to add the possibility that the request is legitimate to the mix. I agree with being reticent about getting involved in a potential fraud but perhaps more information could be requested or the member could ask that the insurer be put in touch directly with the member to avoid any risk of getting involved in a fraudulent scheme. That way the member could say all am I am doing is cancelling the reservation at the request of the intermediary, and I know nothing about the reason for cancellation.

 

[cvjw]

I think the renter is trying to pull a fast one on the insurance company, trying to be reimbursed on the grounds that the owner cancelled. The insurance should pay only if the renter is prevented from traveling by a problem that the insurance contract says it will cover.

Surely David’s is smart enough to know that this situation sounds fishy. Wonder why in the world they are a party to it?

 

[Sandisw]

I’m not totally sure of this. One can buy “cancel for any reason” coverage, and I have done that for several trips post-Covid. If the insured invoked that coverage, I could see the carrier requiring proof that the accommodation was cancelled to avoid having the insured both get reimbursement from the carrier and taking the trip. Potentially the same would be true if the insured had another covered reason for cancelling like illness in the family. I’ve never made a claim on travel insurance so I don’t have experience with that.

Overall, I’m not sure about the insurance fraud angle one way or another but wanted to add the possibility that the request is legitimate to the mix. I agree with being reticent about getting involved in a potential fraud but perhaps more information could be requested or the member could ask that the insurer be put in touch directly with the member to avoid any risk of getting involved in a fraudulent scheme. That way the member could say all am I am doing is cancelling the reservation at the request of the intermediary, and I know nothing about the reason for cancellation.

True, but a ultimately the owners contract makes them liable if they cancel. Yes, David’s is asking them to cancel, but the contract states when an owner does, renter is entitled to full refunds. Now, maybe David’s is having the renter signing a new contract or something holding him harmless.

It just sounds weird all ways around. The owner can let the reservation be forfeited and then email DVC to have proof renter did not check in, This way, renters gets something and owner doesn’t break contract.

The strangest part is he ensured owner he will get his 30% regardless but won’t send it first? He knows it has to be paid as contract is being fulfilled with resort and parks open, so why not pay and trust the owner to cancel?

 

[DVC BLT]

Below is the part of the contact that I agreed to in February. I don't want to violate it with a simple email or verbal phone request. In a dispute, I think the contract will rule, and whoever is ruling the matter will say I received $ + points back from cancelling and that puts me in a position to give up the $. I don't want the points back, I can't and won't use them. That's why I rented them.... I think going forward, I'll rent myself on the disboards. I feel bad for the renter, if I could deal with them directly I would reschedule, etc. I would like to think that the health concern is a genuine one and I feel like I'll be able to provide support for their claim another way if they didn't show up.

Thanks again everyone, this is where the disboards rocks !!

• 7.The DVC Owner further agrees with the Intermediary to make full restitution to the Intermediary and a guest with an active reservation for any and all costs related to a cancellation of that reservation caused by or relating to the failure of the DVC Owner to honour the reservation or otherwise not comply with any obligation or responsibility of the DVC Owner under this agreement including, without limitation, any legal fees, costs and expenses associated with the collection of said costs.
• 8.The DVC Owner hereby agrees to indemnify Intermediary from and in respect of all losses, costs, damages and claims suffered or incurred by Intermediary as a result of the DVC Owner failing to fulfill any responsibility or comply with any obligation of DVC Owner hereunder.
• 9.This agreement shall be governed in all respects by the laws of the Province of Ontario and the laws of Canada applicable therein. All parties hereto agree to submit to the non-exclusive jurisdiction of the courts of Ontario with respect to any disputes relating to, or legal actions brought in respect of, any matters under this agreement.

 

[CarolynFH]

I’m not totally sure of this. One can buy “cancel for any reason” coverage, and I have done that for several trips post-Covid. If the insured invoked that coverage, I could see the carrier requiring proof that the accommodation was cancelled to avoid having the insured both get reimbursement from the carrier and taking the trip. Potentially the same would be true if the insured had another covered reason for cancelling like illness in the family. I’ve never made a claim on travel insurance so I don’t have experience with that.

Overall, I’m not sure about the insurance fraud angle one way or another but wanted to add the possibility that the request is legitimate to the mix. I agree with being reticent about getting involved in a potential fraud but perhaps more information could be requested or the member could ask that the insurer be put in touch directly with the member to avoid any risk of getting involved in a fraudulent scheme. That way the member could say all am I am doing is cancelling the reservation at the request of the intermediary, and I know nothing about the reason for cancellation.

My point is that the renter (the person who is insured) has to cancel the accommodations or other travel components that are insured, and their reason for cancelling has to be covered by the insurance. If they have "cancel for any reason" insurance, that means they don't have to give a reason or prove they had a reason to cancel, but still they are the one cancelling.

And if the renter wants to cancel, but their reason for cancelling is not covered by their insurance, then they are not entitled to reimbursement of the rental cost. However, if the owner cancels the reservation, then the renter could file for reimbursement because the owner cancelled (pretending that they, the renter, had nothing to do with it). That's my concern here - that the renter wants to cancel for a non-covered reason and is asking the owner to give them a reason, and David's is facilitating it either from not understanding how travel insurance works or from trying to make their client happy (even though in effect they are asking the owner to participate in insurance fraud).

@DVC BLT, I would not cancel the reservation. The renter should not need proof that you cancelled with DVC. They should only need proof that they cancelled with you via notifying David's and that their reason for cancelling was one of the reasons that their travel insurance covered.

 

[BruinEd03]

• 9.This agreement shall be governed in all respects by the laws of the Province of Ontario and the laws of Canada applicable therein. All parties hereto agree to submit to the non-exclusive jurisdiction of the courts of Ontario with respect to any disputes relating to, or legal actions brought in respect of, any matters under this agreement.

If you're from the U.S., this clause is why you should not use David's. If there is an issue, you have to travel to Ontario, Canada to fight it. In addition, I doubt many people within the U.S. are even vaguely familiar with how the Canada court system works. Heck, it's difficult to even get to Canada from the U.S. right now.

 

[New Mouse]

There are many instances of this man sinking his business.

 

[ice cube]

Below is the part of the contact that I agreed to in February. I don't want to violate it with a simple email or verbal phone request. In a dispute, I think the contract will rule, and whoever is ruling the matter will say I received $ + points back from cancelling and that puts me in a position to give up the $. I don't want the points back, I can't and won't use them. That's why I rented them.... I think going forward, I'll rent myself on the disboards. I feel bad for the renter, if I could deal with them directly I would reschedule, etc. I would like to think that the health concern is a genuine one and I feel like I'll be able to provide support for their claim another way if they didn't show up.

Thanks again everyone, this is where the disboards rocks !!

• 7.The DVC Owner further agrees with the Intermediary to make full restitution to the Intermediary and a guest with an active reservation for any and all costs related to a cancellation of that reservation caused by or relating to the failure of the DVC Owner to honour the reservation or otherwise not comply with any obligation or responsibility of the DVC Owner under this agreement including, without limitation, any legal fees, costs and expenses associated with the collection of said costs.
• 8.The DVC Owner hereby agrees to indemnify Intermediary from and in respect of all losses, costs, damages and claims suffered or incurred by Intermediary as a result of the DVC Owner failing to fulfill any responsibility or comply with any obligation of DVC Owner hereunder.
• 9.This agreement shall be governed in all respects by the laws of the Province of Ontario and the laws of Canada applicable therein. All parties hereto agree to submit to the non-exclusive jurisdiction of the courts of Ontario with respect to any disputes relating to, or legal actions brought in respect of, any matters under this agreement.

So what was the end result???

 

[cm8]

Surely David’s is smart enough to know that this situation sounds fishy. Wonder why in the world they are a party to it?

They are not, the OP would be the only one left holding the bag. David’s could easily claim they were hacked and or didn’t send that email...

My thoughts only, not saying that is what happened... YMMV

 

[eeyoresbestfriend]

I obviously can’t guarantee anything, but they’ve had to adapt and from my experience have been more than fair so far. I’ve had everything I was owed, and in the case where I changed names (which I guess is against the original contract) received additional payment prompltly.
I know some people have issues with them at the moment, but I’ve never heard of anyone not being paid the full amount, or of them trying to claim money back. Thankfully you have it in writing so they wouldn’t have a leg to stand on, but I can’t see them suddenly deciding to mess people around like that.

Quick question about the extra payment for changing the name,did you receive that at the time you made the change,or on the check in date? Thanks. They are wanting me to make a change, and I have emailed the question,but it is taking forever to hear back!

 

[starry_solo]

Quick question about the extra payment for changing the name,did you receive that at the time you made the change,or on the check in date? Thanks. They are wanting me to make a change, and I have emailed the question,but it is taking forever to hear back!

check in, as I recall, from other posts

 

[HappyDisneyWife]

Thank you everyone for your replies. I'm not going to cancel. I do not want to be part of any fraud attempt. If the renter needs proof if no check in due to a genuine health issue and insurance won't pay without proof that they didn't use the reservation, I'm sure that can be provided another way besides me cancelling the reservation. I'll do what I can to help them prove they didn't check in, I'm sure DVC can give me something I can share with them to show they didn't check-in. If they are lying beyond that, that's their issue to deal with.

I’m glad you decided against canceling it- it seemed way too risky all around. But, I’m super curious to know how it ended! Did you get the 30% final payment on the date of checkin??

 

[dclpluto]

Quick question about the extra payment for changing the name,did you receive that at the time you made the change,or on the check in date? Thanks. They are wanting me to make a change, and I have emailed the question,but it is taking forever to hear back!

you will get it as soon as you make the change and send them the email. Well maybe the next day. I had a oct 5 reservation that the guest didn’t want to go or couldn’t go.I was paid on sept 14 for making the change.

 

[dclpluto]

check in, as I recall, from other posts

nope not in my case read post above this one.

 

[DVC BLT]

I’m glad you decided against canceling it- it seemed way too risky all around. But, I’m super curious to know how it ended! Did you get the 30% final payment on the date of checkin??

Hi yes, i got the final payment on day of check in!!

 

[HappyDisneyWife]

Hi yes, i got the final payment on day of check in!!

Oh good!! I’m glad to hear David’s honored the contract... and very happy for you! Thanks for updating.

 

[pirate33]

As it happens, I just filed my first-ever claim on a travel insurance policy. It looks like it is standard for the carrier to request proof of cancellation. So in response to OP's question, the request from David's does not seem suspicious.

 

[eMoneyBug]

Interesting but weird read. Broker asking owner to cancel they still get $ and get their points back. Shady too good to be true wonder what would have happened

 

[CarolynFH]

As it happens, I just filed my first-ever claim on a travel insurance policy. It looks like it is standard for the carrier to request proof of cancellation. So in response to OP's question, the request from David's does not seem suspicious.

The carrier required proof that you canceled the reservations or other arrangements you made. I suspect that the carrier did not require proof that the person or company you made arrangements with canceled those arrangements. For instance, if you canceled a hotel reservation, you just needed proof that you had informed the hotel you weren’t coming. You didn’t need proof that the hotel didn’t rent that room to someone else. In this case the renter had told David’s that they weren’t coming and David had told the owner that the renter wasn’t coming, but the renter and David’s went further and were asking the owner to cancel the reservation with DVC, as opposed to holding on to it to rent to someone else. There’s a difference.