Guaranteed until end of contract???

yyzgurl

Mouseketeer
Joined
Feb 23, 2005
Messages
156
Just wondering if Disney is obligated to keep resorts opened and maintained until the end of the deed?

My question is basically this:

Can Disney close a resort before the end of the contract? I am looking into buying a VB resale and am a bit worried that since it is not a popular as the WDW DVCs, is there a chance that they would ever close it down? If so, what would happen to my points?
 
Good question... I wondered the same thing...

But why bother to worry about things that probably won't happen.

I bet that if for some reason a resort has to be closed, DVC will compensate for the remainder of the contract.
 
It may not happen, but what if it does???

Knowing they MAY compensate me is not the same as KNOWING they will compensate me.

The only reason I ask is because I know VB and HH don't do as well as the other DVCs which may lead to them being closed down at some poing...especially as they start to age.
 
I'm pretty sure that they can't close a resort unless it has some sort of unrepairable damage. They are free to sell off any of the resorts though, and to remove resorts from the DVC system.
 

DVC / DVD is pretty much obligated to keep the resorts open. But here are a couple of factors that could impact specific resorts:

1. If a resort were destroyed, DVD does have the option of distributing insurance settlements to owners as compensation and opting not to re-build. Someone reported once that part of the disclosure for Vero Beach indicated that there was a 25% chance the resort could be destroyed by a hurricane before 2042.

2. Remember that DVC is essentially a non-profit organization created to manage reservations and run the program. If, for example, Disney decided to sell the HHI island resort to Mariott, owners there would basically be rolled-into the Mariott timeshare program. They would most likely lose all direct access to the Disney resorts and the entire DVC program.

Rumors about this happening appear here every few months. Right now there's little reason to think that Disney would consider such actions. In fact, one of the more persistent rumors lately indicates that DVC is considering the addition of more off-site resorts.
 
You can count on DVC and Disney running the resorts. That said, the members could vote DVC out or DVC could walk away. And if a resort is severely damaged or similar situation, they could close it down.
 
Documents spell out the exclusive grounds that Disney can use to terminate the resorts existence as a DVC resort:

1. The end date comes (2042 for all but SSR which has a longer date).

2. The government takes it by eminent domain.

3. The resort is destroyed and cannot reasonably be rebuilt, in which case insurance proceeds are distributed to members. A partial destruction that can reasonably be repaired or rebuilt does not end the resorts DVC status but affected members will not be given any priority for reserving at any other DVC resort.

4. Disney goes bankrupt or otherwise becomes insolvent.

5. The members vote to kick out Disney as the managing agent of the resort (which requires a 60% majority vote).

6. The resort is transfered to or merged with a non-Disney entity, an act that requires a majority vote of the membership interests at the resort (i.e., Disney can't just sell to Marriot if it feels like it; the members have to approve).

7. The resort is not maintained to Disney's standards while being managed by a non-Disney entity (see 5 above; this one would apply if Disney decides not to exercise its right to terminate if number 5 occurs).

Look at this way: 1 is a certainty unless Disney offers an extension, 2 can't happen unless some crazy Democrats come to power, 3 is a possibility but unlikely except that Vero Beach could slide into the ocean, the risk of 4 is minimized by Eisner's retirement in 2006, 5 and 6 require the members to go nuts, and 7 first requires the members to go nuts by doing 5 and Disney not doing anything about that when it occurs.

Also, your concern about Vero is unfounded. The Disney entities that run DVC are not non-profit organizations. It is almost impossible for Disney not to make a profit once a resort is sold out, and thus it has no incentive to abandon a resort. The way the system is set up is that: (a) your dues include a management fee payable to Disney equalling 12% of all your other dues and a $1 per member reservation fee; (b) the other dues are set to cover all expenses of running the resort and having a reserve; (c) Disney gets the largest portion of the breakage income (money from rooms rented because they are not reserved by members by 60 days before a date; the breakage income up to 2 1/2% of the resorts total annual dues first goes into the resort fund to off-set dues for the next year; all breakage income over that percentage goes to Disney. In other words, unless a large number of members default on their dues, Disney will profit in any given year.
 
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Love the "look at it this way" opinion. Really made the end of my day great!
 



















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