Davids DVC: Rental reimbursement or rescheduling?

[WDWEPCOT]

Well I know one thing - I am NOT doing another contract with them EVER again as an Owner or a Renter! Amen ! Come heck or high water - I can't say what DH said but you get the general idea. Stick a fork in me I am DONE! He is just to shady for me! I will gift my points in the future if I can't use them and Hawaii is just not in my future.

 

[DGsAtBLT]

Well I know one thing - I am NOT doing another contract with them EVER again as an Owner or a Renter! Amen ! Come heck or high water - I can't say what DH said but you get the general idea. Stick a fork in me I am DONE! He is just to shady for me! I will gift my points in the future if I can't use them and Hawaii is just not in my future.

Yup. Our renting days are done.

Although I guess never say never, if he wants to drop prices to oh I don't know, $1 per point I may take the gamble.

 

[disneypharm]

We had rented points with David’s for a May DW trip. David’s has sent us for review the terms and conditions for the credit they are offering us. We have not agreed to it as of yet.

One question I had was... It states we can also use it for “Cash bookings at Disney owned resorts”... Does this mean we can have David’s book us a non-DVC regular Disney resort room with our credit voucher and not rent DVC points?? If so, would that mean we can get flexibility with our next trip, and can change dates if needed or cancel and get a refund directly from Disney? Sounds too good to be true!

No, you can't. From the contract for voucher "this Credit remains non-refundable and no modification, cancelations or rebooking will be permitted."

 

[WDWEPCOT]

As good as that may sound I could not take listening to DH if God forbid something went wrong so I’m going to have to go with never
BUT you know that old saying - never say never but I’m not saying it DH is so here we are !!

 

[Bearval]

This sounds like it is for the credit voucher? I was referring to the new contracts. The poster below, Donna, mentioned what the new wording implies. I guess it’s good for renters, but seems awful for owners. I would be worried too!

This problem belongs to the to the rental agency for a flawed contract. There are four parts to a contract for it to be valid, Offer, Acceptance, Agreement and Consideration. IMHO it is the Consideration portion of the original contracts that is causing the issue . Consideration is the act of giving compensation for being provided with a service or item in return. Since the Renter nor the Owner violated the contract they both need to be made whole. The renter paid and did not receive compensation and the Owner did not cancel so according to the contact as written they are still entitled to the funds. Ambiguity in a contract goes against the writer/provider of the contract which in this case is the rental agency. This may be why no one so far has posted that they were notified by the rental agency that if they do not return the funds that the rental agency would seek legal action to force a return since they may have already been advised they most likely would lose.

 

[laserpastry]

I've read some of this thread but not all (144 pages is a lot!) and it seems like the majority here are owners... may I ask, what would you prefer your renters do?

My husband has almost entirely decided he will not be going on our trip in October* baring a miracle, which makes me wonder if I shouldn't at least ask David's what the status of the points they used for our reservation is. I do not want the owner out anything, but if its easy and their points won't expire... I'd kick myself for not asking. I know October is so far away, but if I do try wouldn't sooner be better? The other option of course is to just eat it and stay home and have no one check in... would our owner get a refund of some kind if we just no show?

*Our debate about it was sparked again today because our Governor announced today that all large gatherings are cancelled through September here. So while Oct 4th seems far away, for all intents and purposes decisions are being made that far out already.

Since my husband and my children have high-risk health issues, we have pretty much decided, short of a miracle, that we are not going in November as well. I already reached out to David's to see if he was willing to contact the owner to ask if they were willing/able to do anything, while understanding that we were the ones cancelling, so we were not entitled to any accommodation. We just thought that if the owner was able to re-rent the points to someone who could use them, then it would be great if they didn't go to waste. David's refused to even ask the owner. So, just a head's up.

 

[Marionnette]

Since my husband and my children have high-risk health issues, we have pretty much decided, short of a miracle, that we are not going in November as well. I already reached out to David's to see if he was willing to contact the owner to ask if they were willing/able to do anything, while understanding that we were the ones cancelling, so we were not entitled to any accommodation. We just thought that if the owner was able to re-rent the points to someone who could use them, then it would be great if they didn't go to waste. David's refused to even ask the owner. So, just a head's up.

So much for “work[ing] from your heart”, which is what they are asking owners to do. I guess that street only runs in one direction.

 

[fancymouse]

This problem belongs to the to the rental agency for a flawed contract. There are four pats to a contract for it to be valid, Offer, Acceptance, Agreement and Consideration. IMHO it is the Consideration portion of the original contracts that is causing the issue . Consideration is the act of giving compensation for being provided with a service or item in return. Since the Renter nor the Owner violated the contract they both need to be made whole. The renter paid and did not receive compensation and the Owner did not cancel so according to the contact as written they are still entitled to the funds. Ambiguity in a contract goes against the writer/provider of the contract which in this case is the rental agency. This may be why no one so far has posted that they were notified by the rental agency that if they do not return the funds that the rental agency would seek legal action to force a return since they may have already been advised they most likely would lose.

Yes, I can’t belive how vague the original contracts are. I mean I live in Florida and hurricanes were on my mind when I signed the contract. There was no mention so I just kind of brushed it aside, but honestly in the back of my mind I assumed I would get money back in that scernario. I understood if I cancelled I would get no money back, but at the time I didn’t fully understand the business model. Now I see the problem with that assumption.

 

[kmermaid]

Since my husband and my children have high-risk health issues, we have pretty much decided, short of a miracle, that we are not going in November as well. I already reached out to David's to see if he was willing to contact the owner to ask if they were willing/able to do anything, while understanding that we were the ones cancelling, so we were not entitled to any accommodation. We just thought that if the owner was able to re-rent the points to someone who could use them, then it would be great if they didn't go to waste. David's refused to even ask the owner. So, just a head's up.

I'm an owner who contracted to with David's to set up a November rental for a family. I have reached out twice to David's to ask the renter if they would like to reschedule say for spring break. The family booked the reservation at the 11 month mark for a high demand time (Thanksgiving). On my first reach out Davids said no they are too busy working with those already effected (though they answer my emails within minutes). The second time I stated my reason thinking the family can only travel on holidays or might be in better financial place in the spring. They replied that the family has not reached out to them so thanks for my concern but no they are not contacting them.

 

[WDWEPCOT]

Same crap they told me about my renter funny thing my renter was wanting to rebook - Shocking news David is not being upfront with Renters or Owners - it is Called - they do not speak the truth - they don’t seem to care about all those customers they currently have in keeping them for the future and on that note I say - mission accomplished ! On that note they hit the mark!

 

[disneykins]

This isn’t meant to be harsh but I have a renter checking in in August and unfortunately, if the resort is open, then I will hold them to the contract, even if they say they don’t want to go.

It will mean the points will be charged anyway, so I will lose them, but expect full payment from Davids,

Now, if Davids decides he wants to do something different for them, then I will forgo my additional 30% to be released from the contract so I can cancel the trip and keep the points as compensation.

If resorts are closed, then I will take a different approach.

I am in the same position with an October rental (I am an owner). I agree with your decision to hold them to the contract if the resort is open and I would expect my 30%. It would be the same situation as if Covid never happened.
If Davids wants to do something different with them and you forgo your additional 30%, you would keep the points as compensation, would you also keep the 70% you already received. It seems, if you give Davids the 70% back you are going above and beyond, going to a lot of trouble to held David out when he's doing nothing to help you.

 

[banzai75]

I am in the same position with an October rental (I am an owner). I agree with your decision to hold them to the contract if the resort is open and I would expect my 30%. It would be the same situation as if Covid never happened.
If Davids wants to do something different with them and you forgo your additional 30%, you would keep the points as compensation, would you also keep the 70% you already received. It seems, if you give Davids the 70% back you are going above and beyond, going to a lot of trouble to held David out when he's doing nothing to help you.

As a renter, if the resorts were open I wouldn't expect anything different from the owner. If I didn't want to go, than that would be my choice.

However, I would approach David, and ask for communication to the owner if there was anything possible I could do. I would expect at least David try to communicate with them on my behalf and if the owner says no then I would accept that.

 

[VeroGuy]

As a renter, if the resorts were open I wouldn't expect anything different from the owner. If I didn't want to go, than that would be my choice.

However, I would approach David, and ask for communication to the owner if there was anything possible I could do. I would expect at least David try to communicate with them on my behalf and if the owner says no then I would accept that.

As a renter, I agree with you completely. That was the risk I assumed when I signed the contract.

 

[laserpastry]

As a renter, if the resorts were open I wouldn't expect anything different from the owner. If I didn't want to go, than that would be my choice.

However, I would approach David, and ask for communication to the owner if there was anything possible I could do. I would expect at least David try to communicate with them on my behalf and if the owner says no then I would accept that.

Agreed.

 

[DisneyBB]

I'm an owner who contracted to with David's to set up a November rental for a family. I have reached out twice to David's to ask the renter if they would like to reschedule say for spring break. The family booked the reservation at the 11 month mark for a high demand time (Thanksgiving). On my first reach out Davids said no they are too busy working with those already effected (though they answer my emails within minutes). The second time I stated my reason thinking the family can only travel on holidays or might be in better financial place in the spring. They replied that the family has not reached out to them so thanks for my concern but no they are not contacting them.

It seems to be mixed replies from David’s. I reached out because my banking deadline was approaching and I was worried about my renters. They replied and said they would contact them. Maybe because my points were expiring they felt it was a good idea to contact them. The other thing I said to them was if they were to busy could I email them myself to enquire about whether they would like to change. Try asking if you can do that?

 

[dsnymnkyuncle]

It seems to be mixed replies from David’s. I reached out because my banking deadline was approaching and I was worried about my renters. They replied and said they would contact them. Maybe because my points were expiring they felt it was a good idea to contact them. The other thing I said to them was if they were to busy could I email them myself to enquire about whether they would like to change. Try asking if you can do that?

This is pretty much what I tried, but it took a couple of weeks

 

[Krandor]

Agreed. Visa also told me we couldn’t start a claim until after our check-in date, which for us was this coming weekend ☹.

I’ve left the door open to David’s to work with me on changes to the credit terms, which IMHO no renter should ever accept as offered, but haven’t had a response back. So come Monday next week, we’ll probably start both processes.

I'll be real interested to hear the outcome and I think it is good that you are in a posittion to be able to take it to court. There has been a lot of debate on here about what the contracts mean and it would be real interesting to see an actual judge make a determination on it. Though I'm not sure if David would want to run the risk of an adverse judgement. Wouldn't be shocked if he decides to settle if you do start the process.

 

[Disaseny]

Update on my chargeback: Chase came back and approved the credit. I received my letter this afternoon. Dispute resolved, credit approved. Mind you my dispute was less than 1k, so I don't know if he even fought it. I started 4/21....and he had two billing cycles to respond. I did not have to send anything.

 

[starry_solo]

Update on my chargeback: Chase came back and approved the credit. I received my letter this afternoon. Dispute resolved, credit approved. Mind you my dispute was less than 1k, so I don't know if he even fought it. I started 4/21....and he had two billing cycles to respond. I did not have to send anything.

Wouldn't you have started earlier than April 21st? Isn't a billing cycle approximately 30 days?

 

[Disaseny]

I called Chase on 4/21 and they told me he had two billing cycles to respond. I am guessing since the credit is approved, he did not try to fight it.