Originally posted by jcodespoti
Dean, While I agree w/ most of what you said I kinda disagree w/ this statement.
Building on the "what you can do under the rules" notion, IF it (i can't find my offering statement at the moment) says for personal use and not commercial than, even though a clear definition of what is "commercial" is not defined the intent is what holds.
Granted the term commercial could cover a broad spectrum of things. But the intent, created by DVD is for, personal use only.
The whole notion that renters are "second class to owners" is dumb. People are people good and bad. I have rented my points before and the people whom I have rented were very nice. No problems.
Joe in CT
Joe, I realize that some of this is not clear in the POS. There are several levels of issues here. First is what was the intent. Second is what is the actual interpretation of the written word even if different than the intent. Third is what are the legal ramifications. I have taken the side that the law will side with the owner if the issues are not clearly spelled out and I believe that is the correct one.
The wording is "intended for the personal use", this is not a requirement as stated and even then they give a definition of personal use that includes lessee's as someone posted earlier. I'd say this is clearly defining the issue of "private" rentals the same as personal use.
As I've stated before, one cannot make a rule that says one owner, Disney, can rent a property and another owner cannot. Just as a condo management company can't rent and tell the owners they cannot. The rules must apply equally to everyone. One can put hoops for all to jump through that might be harder for a member than Disney to jump through but they haven't done that.
The obvious intent by Disney was to make sure the buyer understood there was no stated or implied ability to rent or sell at a profit, basically it might be difficult to find buyers/renters and get a price that was reasonable. Not that they couldn't try, just that the member would be competing with Disney and that would put them at a disadvantage. In the timeshare world the sales pitch of sell or rent for big bucks is a common one and I'm certain DVD was trying to avoid this implication, not prevent members from trying to rent or sell.
As to my assertion that no definition would make policing "commercial renting" based on the fact there is no definition included, we can disagree. Of course if something gets in the courts you never know what will happen and Disney is indeed the 600# Gorilla. But in general I think most legal minds would agree that it would be VERY difficult to enforce in this situation based on the "commercial renting" issue without a definition of same. There are other avenues that Disney could take for something they truly wanted to go after like copyright infringement and similar issues that could have the same affect but I think we're more discussing the intent, direct legal interpretations and actual implementation of the various rules pertaining to the issues in thise thread and not the fact Disney could throw their weight around if they wanted to.
I feel that many approach this issue with their heart and not an objective view. Basically they want things to be a certain way and can't see it any other way. It's not really any different than many people approach the Right to Life/Choose issue, they're not even using the same language or at least mean the same thing when they use they same words. Many are basically saying it feels wrong although even that I would somewhat disagree with. Personally I'd rather members not be able to reserve high times ahead of time to rent out, I'd rather have a rebalancing than weekends sit empty, rather have a minimum stay of 3 days or more and include the whole weekend if you do any of it, Have a charge to bank/borrow/change/cancel. But that's just me and this is not the current rules and I realize it would hurt some members, frankly including myself as we never go weekends but I personally see it as the better choice for the long range benefit of the entire membership.
