Need advise on problem renter asap!!

[InstImpres]

Originally posted by HookdonWDW

Another thing I learned about in January that I haven't heard anyone mention on this board is this: Your room charges don't always get put on your credit card while you are at WDW. We had a charge come in after we checked out, and MS's called us to ask for payment. The room had actually been on my BIL's charge card, but as the owners, we were responsible for the bill [/B]

Wow, this is confusing Do you know if this is anywhere in our owners material or if that is just MS's first line of defense. Not to get personal but is there a reason they couldn't charge it on the card used at check-in? I thought that is why they require a cc from everyone at check-in.

If this is really true, I am less concerned about the price per rental point disussion and more interested in starting a deposit thread or talking to MS about changing policy,




NCLIGS - thanks so much for the links

 

[HookdonWDW]

Originally posted by InstImpres
Wow, this is confusing Do you know if this is anywhere in our owners material or if that is just MS's first line of defense. Not to get personal but is there a reason they couldn't charge it on the card used at check-in? I thought that is why they require a cc from everyone at check-in.

This is what we were able to figure out: We took this trip at T-Giving and stayed for the weekend so that we could see CP. We went to CP on Saturday, and took advantage of the shopping discount that afternoon. My BIL and his family left on Sunday. When they paid their bill, they knew that they were close to their limit on their CC, so they had X amount charged on the card, and paid the rest of the bill with cash. Apparently, one of their charges from MouseGears on Saturday was not on the bill. MS said that usually when this happens, they just charge the card on file, but when they attempted to do this, the charge wouldn't go through, so we ended up getting the bill.

We'd been there for 9 days, so we had to match up charges to make sure the bill hadn't already been paid. My BIL paid the bill as soon as we figured out what had happened, so it wasn't a big deal. It just alerted me to the potential for problems if it had been someone less trustworthy.

Apparently, when it gets very busy, it's not so unusual for charges to hit after you check out. Our Illuminations Cruise wasn't billed to our CC until after we checked out either, but there was room on our CC to cover the charges when they showed up.

As far as MS having the right to charge you, I think it states somewhere in our agreement that we are responsible for our guests, and if we rent points or gift them to relatives, we assume responsibility for them.

 

[mitcam]

I am in process of renting points from a DVC owner, I think that when I looked into it, I was so nervous about be taken (who says the owner wouldn't take our $$ and cancel our resi') I thought the fact that our owner requested all payments by certified check was great for all of us! If people don't want to pay through online pay services they can easily go to the bank and get a check!

I don't want any renters to ruin it for the rest of us who are so nervous about taking our own plunge (hoping we will sign in December )

Anyways! I am a reliable renter and hope I have forged a good relationship with a DVC owner and this experience is postive for both of us

 

[Richyams]

I thought that is why they require a cc from everyone at check-in

They don't require a credit card at check in.

They never have, legally, I don't think they can.

They ask if you want to give them one for charging purposes. I don't like having one more credit card. I just use whatever credit card I feel like when I feel like using one. I have never given them a credit card and I have checked in a whole bunch of times.

 

[dcfromva]

InstImpres,
In regards to what can you do in this scenario... I am hoping this is all just an philosophical debate and you get your money by Friday.... I don't know what your contract says... Your renters obviously did not live up to their side of the contract, but you have to be really careful about what you do to redress it. The contract is your road map. Lots of folks have suggested good ways of dealing with the problem, but they really need to be spelled out in the contract and agreed to by both parties ahead of time (and you need to follow what is outlined in the contract to the letter). I hate to even bring this up, but if you do something that is outside the scope fo the contract, you could find yourself being sued for the deposit on top of whatever else happens with the points. (Hopefully, you have something in your contract already that covers this?). I'm sure you could countersue for damages you incurred from the failed attempt to rent the points but then as odd as this may seem because you were cutting them a break, by not cancelling their points and sending their payment money back at the 60 day point, you may not have been in full compliance with the conditions of contract, either. I have no idea as to how this would play out--but, I don't think the process would be very fun.
If you ever do decide to rent again, it sounds like you should have additional clauses in your contract for your protection such as the renter would be liable for any damages to the property and the renter will be responsible for any charges made to the room (and any legal fees and expense, et'c, et'c) Maybe a consult with a lawyer in drawing up a contract to protect your interests might not be a bad idea if you plan to do a lot of these.
I am keeping my fingers crossed for you that all will go well on Friday....
-DC

 

[chris1gill]

Oh my so many good points have come up in this thread... I think I will now write up a more formal contract for our renter's.... I've not had a problem up til now, but boy... you're right, it only takes one bad renter...

As for your current renter, you do have to be careful about what you do next... I think you have to adhere to whatever your own contract says... I make it known that if a ressie is cancelled within thirty days, the renter does not get their money back, they only have the opportunity to make a new reservation using the points that are now in holding... You have a slightly different problem, in that you did not receive final payment... does any of your written documentation state what you will do if you don't receive payment?

I do hope you get your money Friday, but I just wanted to say Thank You for posting this, as it's given me a lot of good information as a DVC'er that does rent out extra points Please do let us know how this gets resolved.

 

[vbfamily]

Yes, I would follow your contract as well. I think I was just so frustrated about what has happened to you that I assumed they broke their end of the contract by bounching a check but maybe that isn't true.

I'm sorry this has occured.

Please let us know what happens on Friday. I think I was just assuming that I knew where this was going to go because I've been dealing with people who make excuses as to why they haven't paid something.

I really hope you do see a money order on Friday.

What does your contract say?

Did you have one? I know a lot of people rent without one.

I just don't want you to lose your points.

Again, good luck.

 

[GrammieMame]

All this is a little bit scary. Does anyone have a "model" contract that they would be willing to post?

 

[Regina]

I've never rented, but it looks as if some valuable information has been shared due to this unfortunate situation.

HookedonWDW, you more than anyone probably opened a few eyes. I don't recall having that scenario discussed before. I can well imagine contracts being revised to cover this. Who would have thought that you'd be responsible for charges made by someone else!

InstImpres, I wish that this never happened to you. I hope that it gets resolved and that you get all of the monies due you.

 

[nezy]

What an interesting and informative thread!

It would be great if "someone" who is legalwise could draft a standard form. There is alot to consider. I have rented from others and have traded points and have had no problems--it is too bad that you are experiencing this difficulty, however, it gives us all a good opportunity to try to avoid this situation.

Good Luck-I ma sure everything will turn out ok. Thanks for keeping us all informed.

NCLIGS-Classic as usual!!

Noreen

 

[vbfamily]

Let us know what happens today.

Good luck.

 

[disneydom]

Well so what has happened with the renters,you got my interist peaked

 

[vbfamily]

What happened?

I hope everything worked out for you.

 

[mikey'smom]

I'm feeling pretty guilty now that I have read that the member can be charged for anything that didn't come through on a charge before check out. Three years ago we went for a short visit so my mother could do the DVC tour and we bought while there. We had stayed on rented points.

After we got home we noticed that a charge for CRT didn't seem to be on the bill. We figured they would just charge it to the CC we used while visiting. That charge never came through. Now I am wondering if the poor member got charged for our breakfast.

We didn't have a contract so I didn't have contact info anymore once we discovered the missing charge. I have never even thought about having one. Although we will never rent our own points it is good to think about just in case.

I hope the certified check came in.

I'm defintely feeling guilty now!
mikey'smom

 

[zurgswife]

Still wondering

 

[InstImpres]

Sorry for the delay. I was out all day, hence I have a notice to go pick up a priority package and have not gotten it. I am thinking of contacting the renter and talking to her about cancelling though. Little strange that she hasn't called or e-mailed me to confirm. I'll let you if this is the magic envelope on Monday.

 

[zurgswife]

Good Luck....

BTW when do your points expire...would it be a hardship trying to find another renter....

 

[Dean]

Since you're under 30 days you have little additional risk riding a little longer. I've had this happen before. I just contacted the renter who send a cashier's check with the extra fees added and it worked out OK. IF you've been clear though in the future you should cancel at least by the point you would have additional risk like the 30 day window. The few times I've rented I've made it clear when the payments were due by and that they were all non refundable. If they cancelled after they paid the final payment I'd be willing to try to reschedule or give them a chance to subrent but otherwise they would be out of luck.

As the owner there is a certain amount of risk for any guest while renting. Actually a contract wouldn't help much unless you were in the same state and small claims court would be a consideration. The main issue is to be absolutely clear as to the expectations and offerings.

 

[mikesmom]

So what finally happened? The suspense is killing me!!

 

[wdwstar]

yes, please let us know what happen, we are all wondering what happen!