There is a lot of language in the contracts warning against anyone trying to go up against Disney in the hotel rental business.
Agreed. Trying to claim that it would be illegal for Disney to enforce this language is distorting things a bit and certainly isn['t a stated fact. They may not choose to enforce it, but it is not illegal for them to do so. Continually making reservations at peak times with no intention to stay and with only the intent of renting the points to others could easily fall under the description of commercial use as described in the agreement.
...one would need to be obviously and repetatively renting to trigger this clause
Agreed, when using the term "scalpers", the folks falling under both the description above are the ones I'm talking about. The terms "obviously and repetitively" apply, and I would also throw in during peak times, but that's just because that is probably the most harmful to those using
DVC for the intended use of thier own stays.
I don't think anyone here is talking about the occasional renting of points to prevent a loss or recoup a year when vacationing isn't possible, its those setting it up as a regular business venture. I've rented a few extra points to extend a currently scheduled vacation before, and was glad they were available.
While subletting timeshare weeks might be fine with other timeshares where weeks are purchased and exclusions are not described in the purchase agreement, with the DVC point system and the system of balancing of points and seasonal/holiday demand, in my opinion, scalping practices in the DVC point system hurts fellow members, and deprives them of availability that the balance of the point system and design of the model would otherwise have available. Commerical use as described above detrimentally skews the point model. I guess it is like many things, someone tries to take advantage and abuses a weakness or area of lack of enforcement they have found in the system to the detriment of others. Such are the practices of the local pool crashers, whom Disney is apparently not actively enforcing. Just because they get away with it and it's not being enforced, doesn't make it right.
That's probably all I'll have to say on this, I was planning to stop with the last post, but thought some statements were being presumed as facts, that really aren't.
Happy DVC stays, all.