Davids DVC: Rental reimbursement or rescheduling?

[Amymouse13]

I’m just curious - why would David’s confirm one cancellation for you and not the other? Or was the 2nd not through them?

This was their first plan, to rebook folks with same owners... So they reached out to both, the one cancelled and awaited what would happen with other... Never heard anything more from David's despite calling and emailing- then the other one disappeared from mde and then heard about this voucher program...

 

[Bowen Family]

This was their first plan, to rebook folks with same owners... So they reached out to both, the one cancelled and awaited what would happen with other... Never heard anything more from David's despite calling and emailing- then the other one disappeared from mde and then heard about this voucher program...

Got it. Thanks! You know it’s funny, I think David’s initial post in all of this was the right instinct. I don’t have it in front of me, but it was something along the lines of ‘many variables’ and working together, etc. to find the right solutions. And then the whole voucher thing dropped...

 

[Amymouse13]

Got it. Thanks! You know it’s funny, I think David’s initial post in all of this was the right instinct. I don’t have it in front of me, but it was something along the lines of ‘many variables’ and working together, etc. to find the right solutions. And then the whole voucher thing...

They had eluded other owner's points were going to expire and had two March rentals too. So possibly in my case they could have rebooked half but not other? We put in chargeback back in March.

 

[Sandisw]

Interesting. I’m 7 days out and my res is still there, so DVC is not totally consistent on this.

They are doing week by week Monday to Friday. Although today is 7 days, it is a Sunday, so I assume that could be why

 

[Bowen Family]

They had eluded other owner's points were going to expire and had two March rentals too. So possibly in my case they could have rebooked half but not other? We put in chargeback back in March.

March? You seem ahead of the curve! Will you share your outcome here? We reached out to David’s expressing concerns and seeking some clarifications with the voucher. We told them we could never accept it as written. Still awaiting a response. So looks very likely we’ll go the chargeback route once our May 10 res disappears this week. I truly don’t wish their company ill will but I just don’t have faith in the solution offered.

 

[Bowen Family]

They are doing week by week Monday to Friday. Although today is 7 days, it is a Sunday, so I assume that could be why

That makes sense! Thanks.

 

[Bearval]

Maybe David's new business plan is to buy a bunch of DVC contracts in the next year or two during the recession. Otherwise, he is going to find DVC points much harder to come by to rent. While there are some people who don't read the fine prints, I imagine a fair number of owners would do a quick google search before putting hundreds or even thousands of dollars worth of points for rent. Hopefully, they will end up finding warnings on sites such as this or other similar ones.

LAX

I am pretty sure DVC has a clause against buying contracts for the sole purpose of renting.

 

[YourEveryDayAdam]

I am pretty sure DVC has a clause against buying contracts for the sole purpose of renting.

They do. There is also a limit on the number of points an individual may own. 4000 points maximum at any one resort and 8000 points across all DVC resorts. This is across any and all contracts that have your name on it.

 

[SherylLC]

Problem is alot of people do not read the fine print until there is a problem. Knowing that the new contract puts all of the liability on the owner including additional costs above and beyond what the renter was paying will make me never use Davids to rent my extra points.

Totally agree! I wonder if owners realize that this coming fall 2020 (if history of past pandemics repeats itself) we will be right back here where we are now, except at that time it will likely be even worse (more deaths. people becoming even more ill). Knowing this, why would any owner want any part of a Davids contract? He is passing the burden back onto the owners....beware!

 

[Cyberc1978]

Totally agree! I wonder if owners realize that next fall (if history of past pandemics repeats itself) we will be right back here where we are now, except at that time it will likely be even worse (more deaths. people becoming even more ill). Knowing this, why would any owner want any part of a Davids contract? He is passing the burden back onto the owners....beware!

if the past is any guide for the future then there will be a second wave and maybe a third.

With that in mind I would be very cautious renting as an owner or renter because the risk is much higher that the reservation end up being cancelled.

 

[DisneyBB]

if the past is any guide for the future then there will be a second wave and maybe a third.

With that in mind I would be very cautious renting as an owner or renter because the risk is much higher that the reservation end up being cancelled.

This is the section of the contract is showing what would happen if the booking was cancelled through no fault of the owner.

12. In the event of a Force Majeure (as defined in this paragraph), each party shall be excused from any future performance of obligations under this agreement; provided, however that if Intermediary has collected 100% of the funds for the reservation from Renter, Intermediary will provide to Renter a Credit which is limited in value to the amount paid for the reservation which is _______________ US Dollars on such terms and conditions as determined by Intermediary in its sole discretion, as soon as is reasonably possible after the condition(s) constituting the Force Majeure event is/are notified by Intermediary to Renter and Owner. A Force Majeure is an event beyond the Intermediary’s reasonable control which renders performance of a rental reservation with respect to Owner’s rented points impossible or substantially impaired, including without limitation, acts of God, acts of government, embargoes, war, riot, epidemic, pandemic, natural disaster, governmental order restrictions and Disney Vacation Club closures or cancellation of reservations.

The other section is if the owner cancels.

 

[McCrae]

Well, it turns out that potential liability is not new despite of prominent claims by the broker on its website otherwise. However, the new contract (at least the excerpt posted here) not only clearly dumps that liability onto the owners, it also ADDS that owners can be responsible for ADDITIONAL out of pocket cost for "comparable" accommodation to compensate the affected renters. That's not even factoring in that the owners may potentially get stuck with useless points.

The owners get to fork over $4-5 per point while taking on all these risks?? I just don't understand why anyone would knowingly do this.

LAX

The section posted here was very similar to the conditions in the old contract.

 

[Cyberc1978]

This is the section of the contract is showing what would happen if the booking was cancelled through no fault of the owner.

12. In the event of a Force Majeure (as defined in this paragraph), each party shall be excused from any future performance of obligations under this agreement; provided, however that if Intermediary has collected 100% of the funds for the reservation from Renter, Intermediary will provide to Renter a Credit which is limited in value to the amount paid for the reservation which is _______________ US Dollars on such terms and conditions as determined by Intermediary in its sole discretion, as soon as is reasonably possible after the condition(s) constituting the Force Majeure event is/are notified by Intermediary to Renter and Owner. A Force Majeure is an event beyond the Intermediary’s reasonable control which renders performance of a rental reservation with respect to Owner’s rented points impossible or substantially impaired, including without limitation, acts of God, acts of government, embargoes, war, riot, epidemic, pandemic, natural disaster, governmental order restrictions and Disney Vacation Club closures or cancellation of reservations.

The other section is if the owner cancels.

From what I can read it does not say that owners should refund any money due to force majeure.

 

[DisneyBB]

From what I can read it does not say that owners should refund any money due to force majeure.

This the section on the owners new contract


In the event of a Force Majeure (as defined in this paragraph), each party shall be excused from any future performance of obligations under this agreement; provided, however that if Intermediary has paid 70% of the funds collected for the reservation from Guest to DVC Owner pursuant to 4(f) of this Agreement, DVC Owner will return to Intermediary the full amount it has already received from Intermediary, as soon as is reasonably possible after the conditions(s) constituting the Force Majeure event is/are notified by Intermediary to DVC Owner. A Force Majeure is an event beyond the Intermediary’s reasonable control which renders performance of a rental reservation with respect to DVC Owner’s rented points impossible or substantially impaired, including without limitation, acts of God, acts of government, embargoes, war, riot, epidemic, pandemic, natural disaster, governmental order restrictions and Disney Vacation Club closures or cancellation of reservations.

 

[Cyberc1978]

This the section on the owners new contract


In the event of a Force Majeure (as defined in this paragraph), each party shall be excused from any future performance of obligations under this agreement; provided, however that if Intermediary has paid 70% of the funds collected for the reservation from Guest to DVC Owner pursuant to 4(f) of this Agreement, DVC Owner will return to Intermediary the full amount it has already received from Intermediary, as soon as is reasonably possible after the conditions(s) constituting the Force Majeure event is/are notified by Intermediary to DVC Owner. A Force Majeure is an event beyond the Intermediary’s reasonable control which renders performance of a rental reservation with respect to DVC Owner’s rented points impossible or substantially impaired, including without limitation, acts of God, acts of government, embargoes, war, riot, epidemic, pandemic, natural disaster, governmental order restrictions and Disney Vacation Club closures or cancellation of reservations.

Oh I see. So the owners and renters are left paying the bill and David’s keeping the money.

If David’s can pull this off he can pocket owners and renters money for years to come.

 

[DisneyBB]

Oh I see. So the owners and renters are left paying the bill and David’s keeping the money.

If David’s can pull this off he can pocket owners and renters money for years to come.

For new rentals, I rescheduled my renter and they had a new contract that said in the event of a pandemic etc they get a travel voucher. I didn’t sign a new contract as a owner.

 

[Cyberc1978]

For new rentals, I rescheduled my renter and they had a new contract that said in the event of a pandemic etc they get a travel voucher. I didn’t sign a new contract as a owner.

I foresee that the owners contract is going to change again as a lot of owners wont accept those terms.

 

[LAX]

This the section on the owners new contract


In the event of a Force Majeure (as defined in this paragraph), each party shall be excused from any future performance of obligations under this agreement; provided, however that if Intermediary has paid 70% of the funds collected for the reservation from Guest to DVC Owner pursuant to 4(f) of this Agreement, DVC Owner will return to Intermediary the full amount it has already received from Intermediary, as soon as is reasonably possible after the conditions(s) constituting the Force Majeure event is/are notified by Intermediary to DVC Owner. A Force Majeure is an event beyond the Intermediary’s reasonable control which renders performance of a rental reservation with respect to DVC Owner’s rented points impossible or substantially impaired, including without limitation, acts of God, acts of government, embargoes, war, riot, epidemic, pandemic, natural disaster, governmental order restrictions and Disney Vacation Club closures or cancellation of reservations.

Ok. This clause somewhat clarifies what would be not considered owner's fault. However, it still leaves the owner holding the bag even when the broker still gets to keep the commission, like someone already mentioned.

I think the shaft now has effectively shifted from the renters to the owners. Guess what? Many owners likely won't rent their points through this broker because why pay $4-5 per point while still taking on all the risks. If I am willing to take risks, I might as well pocket the commission myself. In other words, is match-making alone really worth the commission being charged? Perhaps some owners might feel that way, but are there enough of them?

LAX

 

[Cyberc1978]

Ok. This clause somewhat clarifies what would be not considered owner's fault. However, it still leaves the owner holding the bag even when the broker still gets to keep the commission, like someone already mentioned.

I think the shaft now has effectively shifted from the renters to the owners. Guess what? Many owners likely won't rent their points through this broker because why pay $4-5 per point while still taking on all the risks. If I am willing to take risks, I might as well pocket the commission myself. In other words, is match-making alone really worth the commission being charged? Perhaps some owners might feel that way, but are there enough of them?

LAX

I agree, when enough owners wont use Davids he needs to amend the contract as he wont make any money. In the end this will effect renters with a voucher unless renters goes for a cash stay but end result may be the same if Davids can't get enough money to cover the cash bookings the booking will end up being cancelled by Disney.

 

[McCrae]

I agree, when enough owners wont use Davids he needs to amend the contract as he wont make any money. In the end this will effect renters with a voucher unless renters goes for a cash stay but end result may be the same if Davids can't get enough money to cover the cash bookings the booking will end up being cancelled by Disney.

Potentially I would be willing to re-rent my points. For now I am just waiting to see how things evolve. The new owners contract makes it less likely that I will use David’s again. I don’t want to have points that could expire worthless. Renters can get insurance to cover cancellation risks, owners can’t. It has to be worthwhile for me to rent out my points.