Points Rented, now I am stuck with the bill!

[DisneyWalker44]

You assume people will even report the rental income....

Yep - they not only report it on the income tax, but they pay the state of Florida the required sales and tourist development taxes.

 

[ILoveMyDVC]

Just for fun...
What about 'renting' points to another DVC member - where the points are transferred into the renter's DVC account. Is the owner of the points responsible for any damges incurred by the DVC owner that uses them?

What if the 2nd owner rents them out to a stranger and something dreadful happens...

Where does it end?

 

[DisneyWalker44]

Just for fun...
What about 'renting' points to another DVC member - where the points are transferred into the renter's DVC account. Is the owner of the points responsible for any damges incurred by the DVC owner that uses them?

No.

It the situation we are discussing, the owner is responsible not because the renting us using their points, but because the person they rented to is technically their "guest". On a point transfer, the person using the points is another owner (or their guest) staying as themselves, not as the guest of the person transferring out points.

 

[HookdonWDW]

Just for fun...
What about 'renting' points to another DVC member - where the points are transferred into the renter's DVC account. Is the owner of the points responsible for any damges incurred by the DVC owner that uses them?

What if the 2nd owner rents them out to a stranger and something dreadful happens...

Where does it end?

Here's my take on it...

If you "rent points" to another DVC member, and you make the reservation for them with your points, the reservation is linked to your account. You have accepted control of the reservation, and anything that happens in conjunction with this reservation is your responsibility (ie. unpaid bills, damage).

If you transfer points to another DVC member, the points leave your account and go into theirs. You no longer have control of the points or their use. If the other member were to rescind payment for the points, DVC would not give the points back to you, because you have given up your rights to ownership of those points. Therefore the new owner of the points assumes liability for anything that happens in conjunction with those points.

 

[Scott]

Boy, I sure hope a renter doesn't shoot someone in their room...the DVC owner might be charged as an accomplice!

 

[ILoveMyDVC]

Here's my take on it...


If you transfer points to another DVC member, the points leave your account and go into theirs. You no longer have control of the points or their use. If the other member were to rescind payment for the points, DVC would not give the points back to you, because you have given up your rights to ownership of those points. Therefore the new owner of the points assumes liability for anything that happens in conjunction with those points.

I've always thought it was preferable to transfer to an owner even if it meant getting less $$$.

When exactly did become okay to rent points for money? I recall it being prohibited when I bought the points in '94 and then it changed...

 

[HookdonWDW]

I've always thought it was preferable to transfer to an owner even if it meant getting less $$$.

When exactly did become okay to rent points for money? I recall it being prohibited when I bought the points in '94 and then it changed...

ROFL... that's why you'll notice that I put "rent points" in quotes (just as you put the word "renting" in quotes in your OP). Even though the term is often seen on the boards, you're actually renting a reservation to someone, not points...

 

[ILoveMyDVC]

ROFL... that's why you'll notice that I put "rent points" in quotes (just as you put the word "renting" in quotes in your OP). Even though the term is often seen on the boards, you're actually renting a reservation to someone, not points...

Was I really so transparent??? I guess you noticed the 'recall' and presumption that it had changed...

Thought I was losing my mind...I'm only a frequent DIS viewer when I have an actual trip booked but still, I do a lot of back reading when I finally sign back on.
I remain firmly in the camp of use all of your points whenever possible or bank but in those rare instances - go for a transfer for which you are not compensated - but coincidentally may have received $$ for giving travel advice....

Sorry to have gone off the orignal topic.

 

[Nikisha421]

you really do learn something new each and everyday...

soo sorry for your lost...

it's really terrible how one thing can take the magic out of your DIsnEY dREams

 

[Inkmahm]

And this is EXACTLY why I would NEVER rent out my points to anyone other than someone I know!

Exactly. Otherwise if I have extra points I will transfer them to fellow DVC members. But renting to a non-member I don't know personally? Nope.

 

[Inkmahm]

There's no way to do that. Besides, while you're checking in, you're asked if you want to put a credit card on your room keys. So...if the renter doesn't know at the time that it's possible, they soon will.

This is another reason that I have never rented my points. We let 50 points expire last year for this very reason.

Next time, rather than let them expire, try finding a member who needs them and transfer them instead. I've had good luck with two different transactions and transfers. One I transferred in because I needed extra points for a family gathering and one I transferred out because I had too many points. Both were smooth as silk transactions.

 

[yitbos96bb]

Taking someone to court can be an expense too. Unless you both live in the same state, there are some real problems there as well.

THe other problem is even if you win in Small Claims Court, they do NOT have anything to do with collection or enforcement. To get it collected, you have to go through as big of a hassle... one probably not worth $400.

 

[Chuck S]

You could always file and try to get it on one of those TV court shows. Doesn't the show pay the judgement from a "fund" with any extra being divided by both parties?

 

[kimberh]

In SC small claims court... the claim can go up to $5000. the fee to file for a claim is $50.00, I believe. It used to be $25.00. The sheriff will get involved to collect or a Judgement will be filed with the credit bureau if the claim is not paid. The Judgement stays on the CB for 7 years. Now, who wants a $400.00 judgement on their credit for 7 years? If it were me, I would make payments to the DVC owner to stop this from happening. It's not that expensive to file in Small Claims here... We use it when people don't pay us for the work we have done for them. Once it goes over $5000. It's a whole different ballgame.
For those that are curious just check your state out and see what your Small Claims rules are.

 

[maburke]

Whoever has their name on the reservation gets to say who gets charging privileges.

So here's a question: If an owner rents a reservation, but in addition to the renters' names, he also puts his OWN name on the reservation, can he then specify "No charging privileges?"

 

[Deb & Bill]

So here's a question: If an owner rents a reservation, but in addition to the renters' names, he also puts his OWN name on the reservation, can he then specify "No charging privileges?"

But you have to be there to say it.

 

[HookdonWDW]

Part of the problem with this though, is that the $400.00 transaction happened in the state of FL. I'm assuming that the OP lives in another state, and that the renter lived in yet another state. My guess is that you'd have to file this in small claims court in FL ($$$), have the person served in their state ($$$), pay for tickets in a room to be in court in FL ($$$) and take time off of work ($$$). Let's say that the court then finds in your favor for the damages. You get a judgement for the amount you're out, plus court fees/serving. But your ticket, room and lost wages are most likely NOT reimbursable. Those items could easily add up to more than $400.00.

And what exactly do you have to show for your "win"? A piece of paper that says that someone needs to pay you money. The courts issue the judgement. It's generally your responsibility to collect the funds due to you. And since the renter most likely won't even show up for the court date (Why? To say I'm a scum sucker, and I owe this person money???). Now you'll have to pay more to have them served with the judgement and attempt to collect the legal debt.

Personally, as much as it would stink to be out the money, it wouldn't be worth my time or my emotional and mental health.

 

[kimberh]

So here's a question: If an owner rents a reservation, but in addition to the renters' names, he also puts his OWN name on the reservation, can he then specify "No charging privileges?"

What if the renter wants the DDP, who is going to pay for the DVC owner that has his name on the reservation? This could also put the reservation party over room occupancy.

 

[JW9DVC]

How are we held liable, just because they are using our points? Disney allowed this person to charge items to the room. I didn't say he could. That person has the fault, he signed the agreement at the front desk right? So how do they charge us for the bill? Doesn't seem right even though they just stayed there using our points.

I guess I will never rent, just transfer points to another DVC person. Liability should be on the person using the room, the resort and all its services. JW

 

[DisneyWalker44]

How are we held liable, just because they are using our points?

Remember, they aren't "using your points." You used your points. You made a reservation. And then invited a guest to stay in the room.