Davids DVC: Rental reimbursement or rescheduling?

[BWV Dreamin]

The refund should be coming from David’s, not me. Obviously

Obviously, you don’t want to do the right thing. It can be done. Not my problem, though.

 

[fsjking]

Obviously Disney has to cancel the reservation first. Then, you have the renters info. You can get them their refund. Don’t need David to do that.

Not a good idea to do that, as then the renter can still go after a chargeback to get the rest of their payment, and David's can go after the owner for violating the terms of the contract.

 

[Madame]

And now I am being told that if DVC does not returned my points to original UY I will still have to return the 70%. And the 30% will not be forthcoming. Per their lawyers.... yeah. Just done.

 

[DVCindy]

Obviously, you don’t want to do the right thing. It can be done. Not my problem, though.

You have no idea what my intent is. That’s quite an assumption to make about someone whose circumstances you know nothing about.

 

[BWV Dreamin]

Not a good idea to do that, as then the renter can still go after a chargeback to get the rest of their payment, and David's can go after the owner for violating the terms of the contract.

I would think that’s where talking to the renter comes in.

 

[Yinn]

And if they refund the renter and the owner doesn't refund, then what? You may be willing to, but this thread has shown that there are owners who are going to use this to their advantage and double dip. In those cases David's is left holding the bag. Enough of those, and everyone is screwed when they go bankrupt.

They don’t have to necessarily refund the full amount. Refund what they hold (44% of paid) and wait until I refund to refund the rest. Consider it good faith

And now I am being told that if DVC does not returned my points to original UY I will still have to return the 70%. And the 30% will not be forthcoming. Per their lawyers.... yeah. Just done.

So you got legal notice? So it isn't - hey can you anymore. It's a - hey you MUST.
Quite frankly if that's the case, I'll pre-emptively cancel my future rentals and return all the money as I have no confidence in the company at that point.

 

[Marionnette]

Dont you have all of the renters contact info when making the reservation going through David? You have to because the owner has to make the reservation.

Yes. I would have both email and physical addresses as well as a phone number. But contacting the renter outside of communicating thru David’s would be a violation of the contract (not that David’s is sticking to the agreement anyway). I would never see the remaining 30% that they owe me and David’s could have reason to come after me for the 70% that they did pay me because I canceled the reservation instead of waiting for Disney to do it. I could stand to lose both my points and the money I should have been paid for them.

 

[fsjking]

I would think that’s where talking to the renter comes in.

If you were a renter who wanted their money back and were going to do a chargeback anyway, and the owner contacted you offering to give their share back directly to you, are you going to say no? Hell that's full refund plus more! There's people that will try and take advantage of this situation on both sides.

 

[BWV Dreamin]

Yes. I would have both email and physical addresses as well as a phone number. But contacting the renter outside of communicating thru David’s would be a violation of the contract (not that David’s is sticking to the agreement anyway). I would never see the remaining 30% that they owe me and David’s could have reason to come after me for the 70% that they did pay me because I canceled the reservation instead of waiting for Disney to do it. I could stand to lose both my points and the money I should have been paid for them.

Again, that is of no concern to the renter.

 

[Marionnette]

Again, that is of no concern to the renter.

But it is a concern for the owner.

 

[BWV Dreamin]

If you were a renter who wanted their money back and were going to do a chargeback anyway, and the owner contacted you offering to give their share back directly to you, are you going to say no? Hell that's full refund plus more! There's people that will try and take advantage of this situation on both sides.

Well the risk of doing business. If you as owner act in good faith, that is all that matters. If others want to take advantage of the situation well that is the risk you as a renting owner, are taking.

 

[BWV Dreamin]

But it is a concern for the owner.

And the risk you took when you brokered your points.

 

[Yinn]

Yes. I would have both email and physical addresses as well as a phone number. But contacting the renter outside of communicating thru David’s would be a violation of the contract (not that David’s is sticking to the agreement anyway). I would never see the remaining 30% that they owe me and David’s could have reason to come after me for the 70% that they did pay me because I canceled the reservation instead of waiting for Disney to do it. I could stand to lose both my points and the money I should have been paid for them.

You'll probably lose it anyway if @Madame is correct. It's one thing to go after someone legally for not returning the 70% if they are refunding the renter. It's another to be going after someone for not refunding, and then themselves not refunding. That's got to be a basis for a class action there somewhere...

 

[Madame]

You'll probably lose it anyway if @Madame is correct. It's one thing to go after someone legally for not returning the 70% if they are refunding the renter. It's another to be going after someone for not refunding, and then themselves not refunding. That's got to be a basis for a class action there somewhere...

Yep. I am done. I feel like I am being harassed at this point. I don’t care if I lose my points. I am so stressed out in general that I DGAC. I simply need to await DVC to cancel my reservation, then I will return the money. I can’t handle this. I don’t care if the points are usable.

I should have rented my points out myself. I will NEVER rent, points out through a broker again, because DESPITE what certain people have to say in this thread, there is zero reason not to expect protection when going through a broker. Good luck everyone!

 

[disneypharm]

I would agree that it’s “double dipping” IF the points are returned to the owner in the same condition that they were in at the time that they were rented. Unfortunately, that’s not always the case.

I got “lucky” compared to other owners. My “renter” is my niece and her husband. They were due to arrive in the middle of May. I contacted her at the beginning of April and then again last week to encourage her to reschedule. I have a September use year and some of those were 2019 points which needed to be banked by 4/30., Some were borrowed from 2020 and DVC put them back into the 2020 use year. Only 2 were banked in from 2018 (I’ll be losing those on Aug 31). I was able to re-book her for November, although not in her original resort and accommodations.

I would have done the same for some who rented directly from me, but I might not have refunded the cost of the 2 points that I lost.

Now consider that instead of this being my niece, let’s pretend that this was a rental thru David’s. I would not have been able to contact the renter to see if they wanted to reschedule their trip. I would not have been able to cancel the reservation. I would have had to wait until Disney canceled it in May. At that point, I would have been past my banking deadline and those points would be toast as of August 31. The borrowed points would have gone back into the 2020 use year according to what DVC is currently doing. And the two banked points would still be lost. So, out of the “returned” points, fewer than half would actually be usable at full value for a future reservation and the remainder would be severely “distressed” and virtually un-rentable before they expire. Would it be “double-dipping” if I didn’t return what David’s had paid me up to this point if more than half of those points are useless due to David’s unwillingness to do their job as an intermediary and work with both the renter and myself to reschedule?

Yes, in my previous post I mentioned if the "points can be reused by the owner and Disney returns the points, then it is double-dipping". This is clearly reported in some posts in this thread. By Davids dragging their feet and trying to come up with a voucher and not allowing the owners and renters work together immediately (as soon as the resorts are closed), then points like yours have become not usable. Not all owners are in the same situation and can easily help the renter reschedule if allowed by Davids.

 

[McCrae]

Well the risk of doing business. If you as owner act in good faith, that is all that matters. If others want to take advantage of the situation well that is the risk you as a renting owner, are taking.

It’s this type of response as an owner that makes me reconsider if I should do anything to help. My contact details are not recorded on the DVC title deeds lodged in Florida. I am based in the U.K. I don’t want any hassle and it’s very easy for me to disappear. If you didn’t like the no refunds or changes clause don’t sign the contract.

 

[fsjking]

Well the risk of doing business. If you as owner act in good faith, that is all that matters. If others want to take advantage of the situation well that is the risk you as a renting owner, are taking.

And thats why the owner should follow their contract and either preemptively cancel, or wait for DVC to cancel, and return the 70% to Davids. That way they are no legally on the hook for anything. Returning money directly to the renter opens them up to possibly having to make a double refund if it were to go to court.

 

[fsjking]

It’s this type of response as an owner that makes me reconsider if I should do anything to help. My contact details are not recorded on the DVC title deeds lodged in Florida. I am based in the U.K. I don’t want any hassle and it’s very easy for me to disappear. If you didn’t like the no refunds or changes clause don’t sign the contract.

You sound like the guy who said he's going to cancel 5 reservations and keep the money. A real class act.

 

[McCrae]

Yep. I am done. I feel like I am being harassed at this point. I don’t care if I lose my points. I am so stressed out in general that I DGAC. I simply need to await DVC to cancel my reservation, then I will return the money. I can’t handle this. I don’t care if the points are usable.

I should have rented my points out myself. I will NEVER rent, points out through a broker again, because DESPITE what certain people have to say in this thread, there is zero reason not to expect protection when going through a broker. Good luck everyone!

You have done nothing wrong and if you rented through David’s and followed their advice you do not have to refund anyone.

 

[Marionnette]

And the risk you took when you brokered your points.

No. The broker promised a “risk-free” transaction for the owner.

“The balance of funds owing to you is paid on the day of guest check-in. Reservations are NON-REFUNDABLE, so you get your money regardless of whether or not the guest checks into the resort. We hold back the final 30% to ensure that the guests have a room on arrival. You are committed to keeping your dues and mortgages current so as not to harm any reservations.”

IMO, the broker took on the risk when they accepted a fee to act as an intermediary for my points and the renter’s reservation using a poorly-written rental agreement.