renter didn't pay and wants to cancel

[JimMIA]

I would not refund anything.

They never did ONE SINGLE THING they promised to do, and I don't think you owe them a penny. All they did was jerk you around with a bunch of "dog ate my homework" excuses. The real truth is, they almost certainly found a cheaper price...and it's probably more than $150 cheaper than your rental would have been.

Don't reward that kind of unscrupulous behavior by refunding part of their money. As noted by an earlier poster, that would be a bad precedent to set for all of the members (and all of the legitimate renters) who rent points ethically and honestly on these boards.

 

[JimMIA]

However, if you later promised a refund, that could also be considered an enforceable contract - especially when you have stated it in this thread. I'd suggest making the refund you have promised in your subsequent contract.

Although I am not a lawyer, my understanding of a binding contract is that it consists of three parts: an offer, an acceptance (which I have not seen expressed), and "valuable consideration" for both parties. I think the contract you signed with them stands on its own -- and they violated it.

You have received neither an acceptance of your suggestion of a $100 refund at some point, nor is there any "valuable consideration" for you in agreeing to make a refund. If they agreed to forgo suing you in return for the $100 refund, that would be valuable consideration...but that is not what has occurred here...nor has it even been contemplated. [And if it were, BTW...the correct response would be "Sue away!"]

They voided the contract by their non-performance, and you are free to do whatever you wish.

Good luck.

 

[kimberh]

I wouldn't give any money back but for I was wondering, can't you pull up her posts and just see her she has been contacting? That might answer the question if she found someone cheaper and is dropping you for a cheaper price. What if you had borrowerd your points and now were stuck, what would you do?

 

[Maria395712]

I am not refunding any money .I decided it would not be fair to any of the people who have rented from me over the last 5 years and never had a problem. like I said earlier a renter had to cancel for BWV oct, 5 nights and he rented it and had the person call me. I changed the name and it was easy no problem. so I can not be unfair I must stick to the contract and I told her that.lesson learned for me. thank you everyone for all your help as usual the disboards are great!! I am going to cape may/wildwood on thurs to a rental through VRBO and there are NO REFUNDS if I cancel so I will go and enjoy, the weather should be good thanks eveybody!
maria

 

[bpmorley]

Personally I'd like to know this persons name. In the future I may rent me points. It would be nice to know who not to deal with.

 

[LakeAriel]

I wonder if it would be "acceptable" to put the names of dead beats in your profile?

 

[bongo59]

personally i think that should be part of the board............and there should be a positive thread for renters and rentees................it could avoid these type of problems

 

[CarolMN]

personally i think that should be part of the board............and there should be a positive thread for renters and rentees................it could avoid these type of problems

How do you determine who is telling the complete truth on an anonymous internet board?

Best wishes -

 

[Ms. WDW]

Unfortunately you can't tell who's telling the truth and who's not.

I'm an ower at the Boardwalk and Saratoga Springs. I actually have a "Renter Agreement" that I send to anyone who is interested in renting points that I have left over. Before I even call MS I have them return the agreement to me stating "I accept your terms". Once they return that email and accept, thats it; deal done.

I have, under certain circumstances returned "a portion of the deposit". I have very clear and precise guidelines with regards to cancellation policies. And if I have any doubt what so ever that the person I'm dealing with may not uphold their end of the contract, I tell them "sorry, but I'd rather not rent to you". I've been very lucky and actually have "steady renters" who will come back yearly to see if I have points to rent.

Unfortunately this is a chance we all take when we rent. Are you allowed to post this persons screen id so others can be forewarned?

 

[LakeAriel]

How do you determine who is telling the complete truth on an anonymous internet board?

Best wishes -

I agree that this is a serious deterrent. There should be a way to tweak it though. If you are an innocent person who gets blacklisted out of spite or to increase ones own success at renting wouldn't the victim be able to sue the poster who could not present a valid and breached contract?

 

[Sammie]

How do you determine who is telling the complete truth on an anonymous internet board?

Best wishes -

That is definitely the truth, and those that are so fired up about hanging this person out to dry, best remember that it works both ways.

None of you have seen anything factual that occurred between the OP and the Rentee, it is all hearsay. You would do good to remember this.

I am surprised at the viciousness of some of the posts. And before anyone gets on their high horse about the ethics of this person, we would all do well to remember that commercial renting is not allowed by our contract. But that always seems to get over looked.

I agree with those that said return the $100, keep the $50, as that is what you said you would do. Your word is worth more than the $100 and getting down in the mud with others, only gets one muddy.

 

[bpmorley]

They do it on EBay. You have to rate people you do business with. It the same Buyer/Seller = Renter/Rentee.

 

[calypso*a*go-go]

I think it boils down to the fact that the Rent/Trade Board is strictly a convenience to DVC owners...it was never intended to be a business pursuit. If you want the ability to rate either party in the transaction, then maybe it should be handled through a commercial entity like Ebay. As far as determining who the offending party is -- in most cases a little detective work of looking through previous posts can solve the mystery!

 

[rinkwide]

...we would all do well to remember that commercial renting is not allowed by our contract. But that always seems to get over looked...

It is "over looked" for good reason as you have misstated the intent of that particular directive.

 

[Sammie]

It is "over looked" for good reason as you have misstated the intent of that particular directive.

Meaning?

 

[bongo59]

How do you determine who is telling the complete truth on an anonymous internet board?

Best wishes -

Carol Ebay feedback works pretty well....................and i think it would work for renting pretty easy..............plus all of us DVC er's are pretty tight group on here so if someone is trying to pull one over it would get snuffed out fast................

 

[RobDoc]

Carol Ebay feedback works pretty well....................and i think it would work for renting pretty easy..............plus all of us DVC er's are pretty tight group on here so if someone is trying to pull one over it would get snuffed out fast................

e-Bay feedback works on the implied threat that "if you leave me bad feedback, I'll do the same to you".

Pete was going to go to an e-Bay type of system - with lots of bell's and whistles - here a few years ago. Before it could even be implemented for a trial, the blood-curdling screams of those in the "pretty tight group on here" , threats and all, caused him to drop the whole concept.

You'd be amazed at the amount of behind the scenes work involved with the current Rent/Trade Board just to minimize the complaints we used to get on a daily basis from those disatisfied with the posts allowed on the board. A feedback system - without any means to verify any claims made - would be an impossible task, especially on a free board. Now, if everyone wanted to pay for the service it might be a different story, but the echos of those screams from a few years ago still ring in my ears.

If you want an e-Bay system, with feedback that works as "well" as e-Bay, better try e-Bay. It's not likely to happen here.

 

[bongo59]

well i think the pay area would be a great idea..............those of us who want to rent could pay a bit and those wanting to rent could do the same...............we can off set our costs by raising the rent and we would all have what we want..........

 

[Dean]

Meaning?

Meaning I'm sure that it's an uninforcable item with no definition of "commercial". And if a definition were adopted, it'd prevent Disney from renting themselves. While in your opinion some people might be acting as commercial renters, it's just that, you're definition.

 

[Sammie]

Meaning I'm sure that it's an uninforcable item with no definition of "commercial". And if a definition were adopted, it'd prevent Disney from renting themselves. While in your opinion some people might be acting as commercial renters, it's just that, you're definition.

I got my definition from DVC. As to whether its enforceable, not sure. I was not clear on the difference and contacted them. I am not sure the contract for members and for Disney is the same. But I could be wrong.