Is it even legal for DVC to change our booking policy?

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DiznEeyore

<font color=navy>Donkey-Huggin' DVC Member<br><fon
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Dh and I both read our documents when we bought, and then went through them again tonight, and neither of us can find anything that would indicate DVC has the right to change how we book. The 11-month priority window from check-out is specifically spelled out in our documents, and we don't see a possibility for revision anywhere.

If we are correct, how can DVC legally make such a change to a contract that we signed? I mean, the new terms are not the ones we agreed to.

If we're not correct, can someone point me to the verbage that says they can do this?

TIA!
 
What? Where did you see that they have changed the policy? I have checked the member site but must be missing it. Hmmmm, you've got me thinking now. :confused3
 
What? Where did you see that they have changed the policy? I have checked the member site but must be missing it. Hmmmm, you've got me thinking now. :confused3

There are several threads on this board about the new policy of reserving at 11 months of your check-in plus 7 days, rather than the policy in the contract of booking 11 months from your check-out date. For whatever reason, it's not on the member site yet.
 
Without digging through the closet to find my old contracts and paperwork I am sure there is something in there somewhere giving them the "out" of "terms subject to change" or some other form of legalese.
 

Without digging through the closet to find my old contracts and paperwork I am sure there is something in there somewhere giving them the "out" of "terms subject to change" or some other form of legalese.

That's my point. We looked all through our paperwork and couldn't find that type of verbage, even though we also thought it was there somewhere. So I'm looking for specifics.
 
I don't have the time to look through now but there is wording allowing them to change the reservation policy without input though it's within the other guidelines such as the 11/7 month window. What you'd need would be wording preventing them from changing it rather than allowing them to and as you note, it's not there. I've made this suggestion as a benefit many times on the BBS. It should have a positive impact on fees if used to it's full potential due to the need for less personnel. Like anything else, the devil is in the details and we'll have to sort out what the real effect is. I think it's a good move but do see some potential negatives that will depend on how it's administrated.
 
There is a Disney Vacation Club Membership Agreement, presumably for each resort. What I'm quoting from is my copy of what I received in 1998 when I purchased at Disney's Boardwalk Villas. From what I can tell, you should be able to find the whole thing in the Orange County, Florida public records under Book 5101 starting at page 235.

As far as I can tell, the first page basically says that the Condominium doesn't want to have to take responsibility for keeping track of everything so they're hiring Disney Vacation Club Management Corporation (DVCMC) to do the paperwork, make reservations, deal with customers (that would be us,) etc.

Section IV. USE OF HOME RESORT VACATION POINTS, 4.2 Reservations, b. Reservation Requests: "Reservation requests for Vacation Homes by Club Members at the Condominium will be taken on a first come, first served basis." There is no mention of checkout or checkin

Section VII. MISCELLANEOUS PROVISIONS, 7.2 Amendment of this Agreement: "DVCMC, in its sole discretion, may change the terms and conditions of this Agreement and the Home Resort Rules and Regulations. These changes may affect an Owner's right to use, exchange and rent the Owner's Ownership Interest and impose obligations upon the use and enjoyment of the Ownership Interest and the appurtenant Club membership. Such changes may be made by DVCMC without the consent of any Club Member and may adversely affect a Club Member's rights and benefits and increase or decrease the Club Members' costs of ownership. Further, although DVCMC generally is required to make such changes in a manner which, in its reasonable business judgment, improves upon the quality and operation of the Vacation Ownership Plan and furthers the collective enjoyment of its benefits by the Club Members taken as a whole, such changes under some circumstances may not be to the advantage of some Club Members and could adversely affect their ability to secure reservations when and where they want them. Notice of any amendment shall be: (i) mailed by DVCMC to each Club Member or to the designated representative of each Multiple Club Member at the Club Member's or designated representative's last known mailing address prior to the effective date or (ii) included as a part of a newsletter or other periodic report sent by the Association or dVCMC as the Management Company." Notice that option two, at the end, does not require them to send notice out prior to the effective date.

Now the Multi-Site Public Offering Statement basically says exactly the same thing as above. There are a couple of attachments to mine, one for Buena Vista Trading Company (BVTC) and one for Home Resort Rules and Regulations.

The BVTC document talks about Home Resort reservation priorities for a GIVEN USE DAY -- "To reserve a given Use Day at a DVC Resort on a space-available, first come, first served basis, a Club Member must call, e-mail, ...." There is no discussion of checkin or checkout dates.

The Home Resort Rules and Regulations document I have, presumably for The Boardwalk, does talk about reserving based on checkout day.

One thing to note is that I found evidence of at least 16 different amendments to the Disney Vacation Club Membership Agreement filed with Orange County. I got myself lost in the system, though, and was unable to figure out if anything had been filed recently.

Honestly, though, I can certainly see DVCMC making this change under the provision that they think it will help their customers. They may not have publicized it simply because they wanted to a) phase it in and b) see what their customers had to say about it and c) see how it worked out before they made it "official."

LOL -- a "quick reply" (right!) that basically says, 'yes, they do have the legal right to change almost anything at any time with no input from us.'
 
When you bought into DVC you assigned your rights to DVC to manage the property as they saw fit, so yes they can change the booking policy.
 
They can change whatever they want....when I bought they had smoking rooms....now they don't.
Kerri
 
This was one of the reasons we were willing to buy into DVC. With some owner-controlled timeshares, the standards vary over time. I like the fact that the people controlling the standards for DVC have a business to run right next door (I own at BWV) that has to live up to the standards of being a premiere hotel property.
 
And did I read once that they could decide to change how and where we use our points? Like with my HHI points that could become a stand alone and only the HHI points could be used there. Not that it would be some thing they would want to do. I would think a change like that would really light up this board if not cause it to melt down. But the one thing that is set in stone is the number of points to use. They can take the amount and change them around some, lower some days and raise others but the over all total must be the same.

Please correct me if I am wrong but some where in the back of my mind I remember talk along this line.
 
And did I read once that they could decide to change how and where we use our points? Like with my HHI points that could become a stand alone and only the HHI points could be used there. Not that it would be some thing they would want to do. I would think a change like that would really light up this board if not cause it to melt down. But the one thing that is set in stone is the number of points to use. They can take the amount and change them around some, lower some days and raise others but the over all total must be the same.

Please correct me if I am wrong but some where in the back of my mind I remember talk along this line.
Technically there are situations where any given resort could cease to be a member of the club and thus not book at other resorts. Also, the home resort priority (now 11/7 months) could change up or down. Discussion of smoking is not allowed but there are a number of things that are (or were) in place that are not guaranteed and could change including restaurant or counter service options, boat access, common areas, BBQ grills, etc. If it's not addressed in the POS at all and not covered by the FL statues then it is fair game and could change without real recourse.
 
There is a Disney Vacation Club Membership Agreement, presumably for each resort. What I'm quoting from is my copy of what I received in 1998 when I purchased at Disney's Boardwalk Villas. From what I can tell, you should be able to find the whole thing in the Orange County, Florida public records under Book 5101 starting at page 235.

As far as I can tell, the first page basically says that the Condominium doesn't want to have to take responsibility for keeping track of everything so they're hiring Disney Vacation Club Management Corporation (DVCMC) to do the paperwork, make reservations, deal with customers (that would be us,) etc.

Section IV. USE OF HOME RESORT VACATION POINTS, 4.2 Reservations, b. Reservation Requests: "Reservation requests for Vacation Homes by Club Members at the Condominium will be taken on a first come, first served basis." There is no mention of checkout or checkin

Section VII. MISCELLANEOUS PROVISIONS, 7.2 Amendment of this Agreement: "DVCMC, in its sole discretion, may change the terms and conditions of this Agreement and the Home Resort Rules and Regulations. These changes may affect an Owner's right to use, exchange and rent the Owner's Ownership Interest and impose obligations upon the use and enjoyment of the Ownership Interest and the appurtenant Club membership. Such changes may be made by DVCMC without the consent of any Club Member and may adversely affect a Club Member's rights and benefits and increase or decrease the Club Members' costs of ownership. Further, although DVCMC generally is required to make such changes in a manner which, in its reasonable business judgment, improves upon the quality and operation of the Vacation Ownership Plan and furthers the collective enjoyment of its benefits by the Club Members taken as a whole, such changes under some circumstances may not be to the advantage of some Club Members and could adversely affect their ability to secure reservations when and where they want them. Notice of any amendment shall be: (i) mailed by DVCMC to each Club Member or to the designated representative of each Multiple Club Member at the Club Member's or designated representative's last known mailing address prior to the effective date or (ii) included as a part of a newsletter or other periodic report sent by the Association or dVCMC as the Management Company." Notice that option two, at the end, does not require them to send notice out prior to the effective date.

Now the Multi-Site Public Offering Statement basically says exactly the same thing as above. There are a couple of attachments to mine, one for Buena Vista Trading Company (BVTC) and one for Home Resort Rules and Regulations.

The BVTC document talks about Home Resort reservation priorities for a GIVEN USE DAY -- "To reserve a given Use Day at a DVC Resort on a space-available, first come, first served basis, a Club Member must call, e-mail, ...." There is no discussion of checkin or checkout dates.

The Home Resort Rules and Regulations document I have, presumably for The Boardwalk, does talk about reserving based on checkout day.

One thing to note is that I found evidence of at least 16 different amendments to the Disney Vacation Club Membership Agreement filed with Orange County. I got myself lost in the system, though, and was unable to figure out if anything had been filed recently.

Honestly, though, I can certainly see DVCMC making this change under the provision that they think it will help their customers. They may not have publicized it simply because they wanted to a) phase it in and b) see what their customers had to say about it and c) see how it worked out before they made it "official."

LOL -- a "quick reply" (right!) that basically says, 'yes, they do have the legal right to change almost anything at any time with no input from us.'

Thank you for taking the time to post this. It's precisely what we were looking for. I appreciate it very much!
 
They can change whatever they want....when I bought they had smoking rooms....now they don't.
Kerri

You know, that's an excellent point. For our asthma-afflicted family, that change was tremendously beneficial. But I can see that if I smoked and it was part of my daily routine, I'd be upset that I had to now leave my "home-away-from-home" to do it.
 
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