Effective DVC Point Rental Agreements

[mackey_931]

I think if you give someone xx days to cancel with a full refund that gives them time to look for a better deal. I require payment infull and if renter has to cancel i will rerent the points for them. Any money i get will go back to the renter.

I agree with the point, but payment in full probably isn't necessary to protect against that. A 30% non-refundable deposit upon providing the reservation documentation is probably sufficient to gaurd against people holding your reservation as a "backup" while they shop for better deals.

 

[tubtruck]

Well written but is it a good idea to offer full refund if canceled before 31days given that the points are a lot nearer to the end of their use year and therefore harder to rent out. What is disneys refund at 31days out for a standard room rental

 

[Don & June]

Great site - thank you all who have posted information.

Don

 

[Granny]

Well written but is it a good idea to offer full refund if canceled before 31 days given that the points are a lot nearer to the end of their use year and therefore harder to rent out. What is disneys refund at 31days out for a standard room rental

The sample agreements posted here are more for illustrative purposes rather than the "absolute best way". When I rented points, I took parts of different agreements that I liked and incorporated into my own. So the actual terms and condition will vary by owner and reflect their comfort level and risk avoidance tendencies.

It occurs to me that I didn't post the agreement that I used for a few rentals this year. It is as follows (I apologize for not being able to format it well on this thread):



Rental Agreement for Disney Vacation Club points
I, [insert name] (“DVC Owner”), agree to provide a reservation for [insert name] (“Renter”) at [Disney DVC Resort] in a [Room type] villa to arrive on XX/XX/XXXX and depart on XX/XX/XXXX.

This reservation will be rented at the rate of $XXX.XX for the dates of this reservation (XX points @ $XX/point). A deposit of $XXX (20%) will be due via cashier’s check or money order within 15 days of the receipt of a printed confirmation from Disney (or copy) in the name of Renter. This deposit will become non-refundable 60 days after receipt by DVC Owner, but will be returned if the reservation is cancelled in writing within that period of 60 days.

The balance of the payment ($XXX) will be due via cashier’s check or money order no later than XX/XX/XXXX (60 days before the arrival date). This final balance payment is non-refundable upon receipt by the DVC Owner.

In the event that, after the refund period has passed, Renter is unable to use the reservation made, Renter agrees that no monies will be refunded, but DVC Owner agrees to assist Renter in making changes to the existing reservation. Changes can include making the reservation in the name of another “Renter” (only at the direction of the original Renter), changing the date, resort, or room type – all based on availability and all limitations of the DVC program itself. In all cases, Renter understands that DVC Owner will not refund either deposit or full payment after the refund period has passed. Renter agrees that she will be subject to all policies of DVC regarding any desired changes to the reservation.

Renter agrees to abide by all rules of the resort involving use of the facilities and to abide by all rules of the Disney Vacation Club (DVC). Any requests regarding room location, view or amenities cannot be guaranteed, but will be made for Renter by DVC Owner at the time of making the reservation or any time prior to the first date of the reservation.

Renter will be able to confirm the reservation by calling the [DVC] Resort with the reservation number indicated on the confirmation letter. Contact phone numbers and resort address information will be found on the confirmation letter.

This is an agreement to rent points that represent accommodations only. There are no ticket media, transportation, meals, transfers, insurance, or other items included.

Renter understands that Members do not get daily housekeeping services at Disney Vacation Club resorts. If your stay is for less than eight nights, you'll receive Trash & Towel service on day four. If your stay is for eight nights or longer, you'll receive full cleaning service on day four, and Trash & Towel service on day eight. After that, the cycle begins again on day twelve. Day one is check-in day.

Pets are not permitted to stay at Disney Vacation Club Resorts, except for service animals as defined by the Americans with Disabilities Act.

Renter agrees to abide by all Disney Vacation Club terms, policies and rules applicable to Disney Vacation Club members and Disney Vacation Club membership. Renter agrees to be responsible for any unpaid charges or damages to the unit rented, including all contents and improvements, Disney Vacation Club property and Disney property during his/her stay that are assessed against DVC Owner or his membership. Any unpaid charges or damages assessed shall be reimbursed to DVC Owner via cashier’s check or money order within 10 business days of notice to Renter. Sending a fax or e-mail copy of a Disney Vacation Club or other Walt Disney Company communication assessing the charges or damages shall satisfy notice to Renter.

Agreed to by the undersigned,



________________ _/_ /__
DVC Owner

Owner Name
Owner Street address
Owner City, State Zip



____________________ ___/___/___
Renter

Renter Name
Renter Street Address
Renter City, State Zip

 

[figaromeetsmarie]

Thanks for this post!! Very informative

 

[mmjm]

The information provided in this thread has been a great resource. I feel the DVC member should set up his/her contract so that the refund cutoff date is at least 60-90 days from the reservation so that the member does not get stuck with, finding new renters with limited time, having pts that can't be banked, or having points that are in a holding account.

Thanks for the information.

 

[Duckieluckey]

Are you people in the time share renting business or users trying to rent a few extra points? I have sold points over the years to pay for cruises. When I have found someone on the rent/trade board I ask for their name, phone # and address. You need this to make a reservation. I make the reservation, send them the confirmation # and have them send me a check. They have my address and phone # and I have theirs. Both our signatures are on the check. If a check bounces I can cancel the reservation. When I get the written confirmation I send it to the renter. I have never had a problem.

You and the renter should have a very clear understanding of your terms and conditions but a formal contract can cause you more trouble than an understanding. How much are you willing to pay to go to court to inforce your contract?

 

[Granny]

Are you people in the time share renting business or users trying to rent a few extra points? I have sold points over the years to pay for cruises. When I have found someone on the rent/trade board I ask for their name, phone # and address. You need this to make a reservation. I make the reservation, send them the confirmation # and have them send me a check. They have my address and phone # and I have theirs. Both our signatures are on the check. If a check bounces I can cancel the reservation. When I get the written confirmation I send it to the renter. I have never had a problem.

You and the renter should have a very clear understanding of your terms and conditions but a formal contract can cause you more trouble than an understanding. How much are you willing to pay to go to court to inforce your contract?

I think most are people who are just renting out points that they can't use for whatever reason. I don't think anyone feels that these contracts would be of a ton of help since most of the claims would be pretty small and not worth suing someone over. But I believe they are critical in spelling out the expectations. There have been many instances of people being upset because they didn't understand what was required, or even how DVC works. It's great that you've been fortunate, but if I was looking for a DVC owner to sell a reservation to me, I'd want something more than what you describe.

But hey, whatever works for you. I was much more comfortable with both sides having the ground rules in writing.

 

[Dean]

Are you people in the time share renting business or users trying to rent a few extra points? I have sold points over the years to pay for cruises. When I have found someone on the rent/trade board I ask for their name, phone # and address. You need this to make a reservation. I make the reservation, send them the confirmation # and have them send me a check. They have my address and phone # and I have theirs. Both our signatures are on the check. If a check bounces I can cancel the reservation. When I get the written confirmation I send it to the renter. I have never had a problem.

You and the renter should have a very clear understanding of your terms and conditions but a formal contract can cause you more trouble than an understanding. How much are you willing to pay to go to court to inforce your contract?

In many ways I agree with you and have stated much the same earlier in this thread. It is my opinion that making sure all are on the same page and each party knows the key info is the important thing. I also agree that a contract could cause more problems than it does good in that it opens the door for more leal wrangling should things go wrong. I also agree that it would be almost impossible to enforce and essentially never worth the cost or aggravation of doing so. However, if one uses a contact to make sure everyone understands the appropriate rules, it can be helpful as Granny suggests. And I believe courts have held that emails can be construed as a contract in some situations.

 

[goalie5hole]

Thanks for the examples

 

[ByWm]

Does anyone have a sample contract for transfers that they can post? I am thinking about renting points via a transfer and am unsure of the process.

It seems to me that a contract for transfer could be much simpler than for renting points, but I agree that it would be nice to see a sample.

ByWm

 

[pjadtl]

I'm so glad I found this thread! DH and I are looking into renting our points next year (we're preparing for baby) and I was wondering about how to write a contract or if there was one available.

On a side note: how is the best way to offer points for rent? In a lump sum? In several smaller packages? We have 400-ish SSR points to rent next year, do we just throw it all out there and then take ressies as they come in piece-meal until all or most are rented? It just sounds so will-nilly to me!

D4D

I am in the same situation as Ducky4Disney. I have about 300 points to rent out. Is it better to break them up so you have better luck getting a renter or see if you can sell it in one lump sum?

 

[paeskie]

This thread is very helpful because I know we will not be able to use all our points the first year or two of our new membership.
Thanks to all for their input on this topic.

 

[Granny]

I am in the same situation as Ducky4Disney. I have about 300 points to rent out. Is it better to break them up so you have better luck getting a renter or see if you can sell it in one lump sum?

I think most with a higher number of points to rent post the total available (300 points) and take multiple renters against the total until they are gone. Otherwise, you have to look for the "perfect renter", which could take a lot of time.

 

[Newcastle]

I think most with a higher number of points to rent post the total available (300 points) and take multiple renters against the total until they are gone. Otherwise, you have to look for the "perfect renter", which could take a lot of time.

I agree with Granny. I think that you have to be very patient if you want to find one person to rent all of your points to. It can be done but if you are pressed for time, you may find it more expeditious to break up the points and rent to more than one person.

 

[JimC]

Are you people in the time share renting business or users trying to rent a few extra points? I have sold points over the years to pay for cruises. When I have found someone on the rent/trade board I ask for their name, phone # and address. You need this to make a reservation. I make the reservation, send them the confirmation # and have them send me a check. They have my address and phone # and I have theirs. Both our signatures are on the check. If a check bounces I can cancel the reservation. When I get the written confirmation I send it to the renter. I have never had a problem.

You and the renter should have a very clear understanding of your terms and conditions but a formal contract can cause you more trouble than an understanding. How much are you willing to pay to go to court to inforce your contract?

...And a written document is the best method to memorialize that understanding. How formal you want it is up to the individual. How far you would go to enforce the terms of your agreement, however documented, is also up to the individual.

DVC does say in its master deed that rental agreements must be in writing and include certain language.

 

[pjadtl]

Thank you Granny and Newcastle!

 

[Donnaksmj]

"


""""In addition to payment for points, Renter is responsible for any exchange fees assessed for non-Disney Vacation Club resort accommodations. Such fees are due at the time of the initial deposit, are in addition to the deposit requirements and are non-refundable""""

I just read this in an agreement....what are exchange fees and how do you know how much or if you need to pay any?
thanks....you guys are so helpful and I am so new to this....

 

[JimC]

An example is the fee charged to book a DCL cruise. Anytime there is a fee to trade through II, that is an exchange fee. Essentially it means that costs to book reservations outside of the DVC resorts are not included in the rental price of the points. MS will advise you of any fees when you discuss the booking.

 

[LBurg93]

Hi,

I was wondering if there is a more current version of a renters contract, especially with all the new changes DVC has come out with. Thank You for your help.