dvc owner won't respond to emails after receiving deposit

asreiter

Earning My Ears
Joined
Feb 25, 2010
Messages
36
Has anyone had this happen to them?? I made a reservation and paid the deposit within 30 minutes. I have had some questions regarding needing to cancel and he won't respond. We never discussed it being nonrefundable in the event we needed to cancel and the reservation is for March, so more than enough time to rent it again or get points back. Thoughts?? am I going to be out the deposit?
 
Most rentals are non refundable, but that all depends on the contract you and the owner agreed upon. How long have you given them to reply and did you check out the owner ahead of time on the florida records?

Good Luck

Denise in MI
 
March is probably not enough time to rent it again or get points back. Points expire - and four months out is a short time in the world of DVC reservations - there may not be a lot bookable between now and then. Renting an existing reservation on four months notice isn't a slam dunk either. Not only are you probably out your deposit, it isn't unlikely that the owner is out their points.
 
I did not check him out on the Florida board (dumb but I didn't know I could) I have given him a few days to respond. He sent references and I have the confirmation for the rental. We did not sign a contract, another red flag I should have recognized. If he is not going to refund, I wish he would at least respond and let me know. I have rented before and feel so dumb
 

Don't know the why of the communication issue and I would consider that a serious issue if it goes on for a week or more despite repeated attempts because it may indicate something has happened to the owner.

As to your belief that the cancellation would be done in plenty of time to rent it again or get points back, you may well be incorrect on that one. If he cancels, he will get the points back, but if that occurs at anytime during the last four months of the owner's use year or the owner used banked or borrowed points, the points cannot be banked into the next use year and must be used by the end of the current use year, which may be impossible even if the owner could find another renter, because all available rooms for which the points can be use may be booked, something that often occurs when you are four months or less out from a desired arrival date. In that situation, the only possible way the owner could break even and not lose the use of any points is to find another renter who wants to stay in the same type of room at the same resort for exactly the same time period that you currently have, and thus the owner could attempt to just change names on the reservation, and that is not something that is easy to do.

As to being able to cancel and get money back, that is really an issue between you and the owner. If nothing was said when the reservation was made about getting money back if you cancelled, then your legal entitlement to a refund would depend upon whether it was customary for DVC rentals that owners make such refunds if you cancel, so that you could claim that custom is implied as part of the agreement. However, with DVC rentals, the custom is actually the reverse in that DVC owners most often insist on no refund if you cancel.
 
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we wouldn't be cancelling except my husband very unexpectedly lost his job. I realize this is not the sellers problem and I feel anxious about the money. I guess I need to look at it that we haven't purchased tickets yet so I am not out that money as well. Merry Christmas to us
 
Don't know the why of the communication issue and I would consider that a serious issue if it goes on for a week or more despite repeated attempts because it may indicate something has happened to the owner.

Or the owner doesn't deal with conflict well and figures "ignore it and it will go away." I'd try again with "we have to cancel, I understand its unlikely I'll get my deposit back, but I wanted you to know as soon as possible so you can rerent your points. If you can rerent your points at full price and aren't out money on it, if you could make me whole it would be appreciated - my husband just got notice he's being laid off."
 
Has anyone had this happen to them?? I made a reservation and paid the deposit within 30 minutes. I have had some questions regarding needing to cancel and he won't respond. We never discussed it being nonrefundable in the event we needed to cancel and the reservation is for March, so more than enough time to rent it again or get points back. Thoughts?? am I going to be out the deposit?
In the absence of an agreement otherwise, I'd think the default to be non refundable, esp for a deposit. Since we don't know when the communication breakdown started, it's difficult to formulate a judgement on the issue. IF it started with "I may need to cancel" I'd be more lenient in judgement against the owner than if it started before. Have you tried to call and discuss rather than email. I can't speak for others but for me personally I require 25% up front and the remainder at 120 days out all non refundable and I make it clear so there are no misunderstandings.
 
In the owners defense, he did respond last night. He has been away on vacation. I feel horrible, truly not his fault for our problems. He did not state anywhere that there was no refund, but we'll see what happens. Thanks for all your feedback. It shed some light on his point of view. REALLY makes me mad at myself for selling our AKL contract......I wouldn't have had this problem in the first place, but now I might not have had the money to pay MF either LOL.
 
In the owners defense, he did respond last night. He has been away on vacation. I feel horrible, truly not his fault for our problems. He did not state anywhere that there was no refund, but we'll see what happens. Thanks for all your feedback. It shed some light on his point of view. REALLY makes me mad at myself for selling our AKL contract......I wouldn't have had this problem in the first place, but now I might not have had the money to pay MF either LOL.

Thanks for coming back to update.
 
Have you tried asking for permission to rent the vacation yourself? Perhaps you can list it on a few boards (with his permission) and find someone that wants to go during that time period that would be willing to pay close to what you paid so that you wouldn't lose any money?
 
Have you tried asking for permission to rent the vacation yourself? Perhaps you can list it on a few boards (with his permission) and find someone that wants to go during that time period that would be willing to pay close to what you paid so that you wouldn't lose any money?

I thought about that, but that adds a lot of risk for her. She would need to commit to the entire rental, right now she is out the deposit only. Then she has to find a renter willing to pay full price for exactly her vacation four months out - which is probably going to be hard, when people buy that sort of vacation they are looking for a bargain. The owner has more flexibility - maybe not a ton of it, but some.
 
When I rent my points out, in my contract I always specify that in case of cancellation I would try to rent the points again and try to refund the money paid by the renter. It's not a big hassle to post a new ad on the board and I understand no one would like to cancel a reservation for WDW (in fact, I never got a cancellation), so probably something nasty has happened and I'd be willing to help. However I also write that any expense, or the difference in value in renting the point (I may be forced to rent to a lower value in the time available is shorter) would be detracted by the money paid by the renter.
I would try to explain the situation to the owner and suggest something similar. You may loose something if he has to offer to rent for a few dollars less per point, but better than loosing everything.
 
Non-communication is an issue but, my contract makes it clear that the reservation belongs to the renter. I am happy to help but, I am not interested in cancellations and "re-renting" even if there is "plenty of time". I'm sorry if that sounds harsh but, it takes time and effort to do the work of getting points rented and setting up reservations and most of us are not Travel Agents. One of the advantages of renting from a DVC Member is the lower cost versus the pro's but, I suppose there are drawbacks, as well.

One thing is certain, this should all be clear UP FRONT and lack of communication is never ok. Good luck!
 
Has anyone had this happen to them?? I made a reservation and paid the deposit within 30 minutes. I have had some questions regarding needing to cancel and he won't respond. We never discussed it being nonrefundable in the event we needed to cancel and the reservation is for March, so more than enough time to rent it again or get points back. Thoughts?? am I going to be out the deposit?
I am not defending the non communication....but when i rent it is non refundable. Once you make the reservation it severely limits what you can do with the points if you have to cancel. that is why i usually take payment in full as soon as I send them the confirmation email
 







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