Response from DVC legal about renting/transfers!!! READ THIS

dumbo71

DIS Veteran
Joined
Jul 16, 2006
Messages
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Hey guys!

With all the speculation going on about renting/transfers and then with the thread by Jay Foster I felt I needed some peace of mind and some answers.

Those answers, I felt, needed to come from the source and not from specualtion and heresay. With that in mind, I contacted MS and asked to speak with someone in DVC legal about the recent notifications about renting/transfers. It took 5 phone calls and the run aroud to finally get to someone in legal willing to answer all my questions. Here goes what I was told:

First let me say how impressed I was with this gentleman. He was patient, kind, and helpful. He took my concerns seriously and gave me direct and honest answers to my questions. I asked about the email notifications about the transfer limit and about the "pattern of renting for profit" statements. I also told him up front that I do rent my points. At which point he said "lets access your account and see what type of patterns you have." This made me extremely nervous but I agreed, giving him my DVC number. We went through each transaction since my join date in 1992. I explained each one in detail and was very candid with him. He imediuately at the end of this said "there is nothing wrong with how you are using your membership." Boy was I relieved! :woohoo: I had zero transfers and all transactions where made with MY points.

He then went on to clearly state what DVC is looking for. He told me there are members doing HUNDREDS of transfers each year. They then book up prime weeks limiting availability for members who own all of there points. OWNING the points seemed to be the main focus here. If you rent ressies with your OWN points you have nothing to worry about. Renting is clearly allowed according to the POS was the way he put it. He stated that a member booking with there own points within the appropriate booking windows has nothing to worry about. Members looking to scoop up points and re-rent have a problem. Basically he said I could rent out ALL of my points without a problem. DVC cannot stop that and has no intentions of doing so. Now he said a DVC owner with 500 points that comes up with 5000 points to rent through transfers and the like should be worried. He stated the transfer limits should greatly reduce this problem.

To sum up, I was very happy with what I heard from DVC legal. Basically you can do whatever you wish, within the rules, with your points. You can book peak weeks, rent them all out, whatever. You can also use them all yourself or give them away. DVC does not care what you do with YOUR points. What they do care about is the "commercial renter" creating huge point allotments through transfers and the like and then re-renting them at a profit. He stated that there are renters out there that have hit the 100,000 point total in a given use year. It was simply getting out of control so DVC had to do something. Point "morphing" was something he didn't want to go into by the way. He claimed he didn't know much about that and that wasn't part of the crack down.

I asked about enforcement and was told that nothing has been done to date. The notification was step one and step two will come soon. They haven't decided what course of action to take as of yet. He said it could range from cancelled ressies to a written warning, to suspension of DVC accounts for violating the rules of the POS.

I hope this helps clear up things a little. It sure helped me hearing it from the source as oposed to all the speculations here. Seems most owners will be unaffected by this enforcement.
 
Thanks for the info - it is the way I thought it would be but it is nice to know that someone heard it directly from Disney. Despite his not discussing the point morphing thing it it has to be a big factor and limiting transfers is how they can at least put the brakes on until they can do something with that software program. Some of the big renters seem to have many contracts with many points and have probably been transferring between them since they are in different names, etc. allowing them to turn SSR or VB or HH points into BCV, WLV, and BWV points for renting at the 11 month window at the high demand times.
Good job getting an answer :thumbsup2
 
AS castleri said, I think it is the way most folks interpreted what DVC is trying to do at this time...limit the transfers to commercial renters. It makes sense, then if limiting the transfers doesn't have the desired effect, they can look at other options.
 

Wow, I'm pretty surprised that a Disney lawyer talked to you...that is rare for a large corporation, I can assure you! Nice persistence! :thumbsup2

As most of us thought, they have some really big "renting fish" they are going after, who clearly are using renting as a commercial enterprise. But it's always nice to hear directly from them that "normal" rental activity is fine and no one should feel in danger if they have to rent their points for a while if they aren't able to use them (or want to use the money for something else like a DCL cruise).

Thanks for sharing your conversation with us. :)
 
What a great thing you did! Getting it from the horses mouth is definitely the right way to quell the rumors. I suspect many of us knew that was the why and how, but it's good to know for sure. Thanks! :thumbsup2
 
Great work. Thank you Dumbo71 for going to the trouble of finding info and for posting to let us know what's going on. I'ts good to be on the DIS!
 
Basically you can do whatever you wish, within the rules, with your points. You can book peak weeks, rent them all out, whatever.

I have a question for the board moderators.

We now know (thanks to the OP) that it is all right, according to DVD, for members to rent out their own points. Including booking at prime times for the purpose of tuning around and selling them for a profit.

Why does the Rent-Trade board have to support this type of activity? Why should someone who selfishly books reservations at highly desired times be able to advertise on these boards?

There was a stipulation placed there a while back that you could not advertise a reservation more than 7 months out. Why not place a stipulation that if it is for a prime week, it is for "last minute only" meaning maybe a month or less? This would be for someone who as booked a reservation and has to cancel it at the last minute. Not for someone looking to rip off a fellow member.

I get so tired of reading the posts on that board that say
"VWL, for the great Christmas decorations!!!, 5 nights in a studio for $xxx. This would cost you $xxxx through CRO!!!" And on another DVC board a member is wanting that exact week.
 
Muushka said:


Why does the Rent-Trade board have to support this type of activity? Why should someone who selfishly books reservations at highly desired times be able to advertise on these boards?

Excellent point Muushka! I know the moderators just changed the way you can post on the Rent/trade board. You are now limited to 2 posts of existing reservations per calendar year. Why not limit transfer posts as well?

Also, I want to thank Dumbo for your great work! I follow the logic of the DVC attorney and agree with his interpretation of what constitutes "commercial renting." The public offering statement permits rental of your own points (I have to re-read it, but I know that's how I interpreted it). :grouphug:
 
JandD Mom said:
Excellent point Muushka! I know the moderators just changed the way you can post on the Rent/trade board. You are now limited to 2 posts of existing reservations per calendar year. Why not limit transfer posts as well?

Also, I want to thank Dumbo for your great work! I follow the logic of the DVC attorney and agree with his interpretation of what constitutes "commercial renting." The public offering statement permits rental of your own points (I have to re-read it, but I know that's how I interpreted it). :grouphug:

I am not a rent/trade board mod...but here is my personal opinion.

Disney allows people to book prime weeks with their own points for rental. The DIS has a slight restriction on advertising them, but enough of a restriction that I don't think the rent/trade board is a major contact point for pre-reserved rooms.

For the transfer question...if DVC MS is limiting transfers to one per year per member account, then advertsing them here also has little impact. The one per year limit pretty much shuts down multiple transfers anyway.
 
Muushka said:


I have a question for the board moderators.

We now know (thanks to the OP) that it is all right, according to DVD, for members to rent out their own points. Including booking at prime times for the purpose of tuning around and selling them for a profit.

Why does the Rent-Trade board have to support this type of activity? Why should someone who selfishly books reservations at highly desired times be able to advertise on these boards?

There was a stipulation placed there a while back that you could not advertise a reservation more than 7 months out. Why not place a stipulation that if it is for a prime week, it is for "last minute only" meaning maybe a month or less? This would be for someone who as booked a reservation and has to cancel it at the last minute. Not for someone looking to rip off a fellow member.

I get so tired of reading the posts on that board that say
"VWL, for the great Christmas decorations!!!, 5 nights in a studio for $xxx. This would cost you $xxxx through CRO!!!" And on another DVC board a member is wanting that exact week.


I, of course, am not a mod, but I don't see a problem with this - if the owner actually owns those points at VWL. I mean they bought their ownership in the VWL and booked a ressie with their points during that time. Then they decide to rent that reservation out (for whatever reason). I don't see them ripping anyone off... I mean the price the people pay for that ressie would be much less than thru CRO.

It might seem a bit unfair to some other member, but those members might not own at VWL and if they did, they should have booked the prime times during that 11 month window. It's just how that member chose to use his/her points. Would really be no different that if they were using those points themselves or trying to "maximize" the use of their points.

Right now the big problem that the OP helped address was the renting for profit. Folks getting thousands of points via transfers and then booking prime times in masses (and most likely before 7 months and using non-home points for these bookings)... Now THAT I have a problem with. But not individual owners just trying to use up their points in a manner that would best benefit them.

JMO... (flame on! :furious: )
 
Nope, no flames from me for anyone who responds. :thumbsup2

I think it is just my co-dependency that pops up when I see a need on one board and a reservation for sale on another board.

As I have mentioned, this does not affect us in any way. We are able to book our vacations at 11 months out and if we tried to book at our home resort at less than 7 months out, I feel it is tough luck for me that I didn't book earlier. But I also know that there are people who cannot do what we do.

I just think that in the spirit of 'community', whatever that looks like, that the DIS board would not support members who choose to sell prime reservations. Just my opinion!

PS I will officially ban myself from the Rent-Trade board from this day on ;)
 
The current rule for DIS is
No existing reservation may be offered for rent or trade until it is within six (6) months of the arrival date.

I'm not a DVC owner but my understanding is as you get closer to the arrival date it's harder to cancel with DVC. Seven months is the booking window for other resort owners so 6 months sounds about right.

The real "crime" is commercial renters who use DIS to troll for distressed points, have them transferred in (one in a lifetime family gathering) and then book reservations to sell on ebay.



Muushka said:


I have a question for the board moderators.

We now know (thanks to the OP) that it is all right, according to DVD, for members to rent out their own points. Including booking at prime times for the purpose of tuning around and selling them for a profit.

Why does the Rent-Trade board have to support this type of activity? Why should someone who selfishly books reservations at highly desired times be able to advertise on these boards?

There was a stipulation placed there a while back that you could not advertise a reservation more than 7 months out. Why not place a stipulation that if it is for a prime week, it is for "last minute only" meaning maybe a month or less? This would be for someone who as booked a reservation and has to cancel it at the last minute. Not for someone looking to rip off a fellow member.

I get so tired of reading the posts on that board that say
"VWL, for the great Christmas decorations!!!, 5 nights in a studio for $xxx. This would cost you $xxxx through CRO!!!" And on another DVC board a member is wanting that exact week.
 
Lewisc said:
The real "crime" is commercial renters who use DIS to troll for distressed points, have them transferred in (one in a lifetime family gathering) and then book reservations to sell on ebay.

You are 100% correct!

One thing that burns me up too, is the assumption that it would take too much technological change to have this problem fixed. Disney as a company has vast resources and access to the brightest and most creative IT minds in the business. :badpc: If folks can figure out how to "work" the system by transferring all these distressed points, then DVC CAN figure out how to track the points and fix the problem. IE, no more buying up SS points that expire Sept 06 to make a reservation at BCV for July 07!

I also criticize DVC for putting the "Ban" on more than one transfer. Why should someone who needs a bunch of points for a GV at BW be penalized for occasionally trying to gather up enough points? There has to be a better way. :grouphug:
 
Good information. This is pretty much in line with what I've been expecting all along.

Despite some of the convoluted scenarios about how Disney could track down renters be learning their eBay names, etc, I've said from the start that DVC had more info than they need right in front of them in the account records.

I've also been saying that the accounts of concern to DVC would not look anything like a regular DVC account, and that's obviously true. I never thought this would affect regular DVC members, even those who do a good bit of renting.

It's always been about those who "work" the system by transferring and arbitraging points. And despite the attorney's professed ignorance of the morphing problem, I'm sure that is at the heart of the problem. I also think he's being less than candid about their enforcement activity -- it's obvious to me that they've placed some phone calls, and that some big renters have responded by selling.
 
So I guess our friends are all good to do whatever they want with their 18,000 points then? They own them so they must be in the clear. Oh well, at least it will stop them from transferring and making the situation worse. Score 1 for the W's!!
 
keys2kingdom said:
So I guess our friends are all good to do whatever they want with their 18,000 points then? They own them so they must be in the clear. Oh well, at least it will stop them from transferring and making the situation worse. Score 1 for the W's!!
If they use their points in accordance with the rules, I'd guess they will escape Disney's wrath. However, I'm not sure anyone can really make that much profit with 18,000 points or whatever they have. It's an awful lot of work for a few bucks per point of margin. If you're working the transfer scams and letting someone else buy the points and pay your dues, the economics are much better.

Regardless of Disney's attitude, I'll personally always remember them as the unethical people who used multiple screen names to dupe naive DIS members, and give themself compliments that were probably just as phony as the feedback on their website. :rolleyes1
 
dumbo71 said:
He stated that there are renters out there that have hit the 100,000 point total in a given use year.

Wow...that is alot of points! And all of it maintance free! And here I am with my lowly 415 points :(

It sure is nice to know that we wouldn't be considered commerical renters due to the fact that we rent out our own points.
 
I've owned DVC for 5 years now, and have never really used my points for personal stays during "peak times". BTW, what is considered "peak weeks" keeps expanding. They used to be Xmas and Easter, but they are now anytime from F&W-New Years, Presidents Week and Spring Break (that is about a third of the calandar year). IMO, it is reasonable for me to book a "peak stay" for rental purposes and continue to use the rest of my points for personal travel at other times of the year.

In any use year, I have used less than 8% of my personal points for such a peak rental purpose. Aren't I entitled to a small share of peak time at my home resorts? I have never booked a peak rental at 11 months, but generally will do it just before the 7 month window. Why should I care if someone who doesn't own at my home resort can stay there at peak times? Remember the buy were you want to stay mantra? I'm not on this board complaining that I wanted a VB beach cottage but couldn't get one because they are all booked up when I want to go. I realize I'd have to have a VB owner secure one for me through point rental or swap.

IMO, the only way to receive a fair price for your reservation is to book a week and compare it to what Disney charges for the same stay, and price it to your discount goals. Too many members are giving away their points at an All-Star price...CRO certainly doesn't value the DVC resorts in such a cheap manner, why should owners.

Thanks OP for posting about your call. The rules appear to be as many have guessed...not anti-renting for the average DVC owner.
 
JimMIA said:
If they use their points in accordance with the rules, I'd guess they will escape Disney's wrath. However, I'm not sure anyone can really make that much profit with 18,000 points or whatever they have. It's an awful lot of work for a few bucks per point of margin. If you're working the transfer scams and letting someone else buy the points and pay your dues, the economics are much better.

Regardless of Disney's attitude, I'll personally always remember them as the unethical people who used multiple screen names to dupe naive DIS members, and give themself compliments that were probably just as phony as the feedback on their website. :rolleyes1


Yes, I'm sure this will severely cripple their operation.

Perhaps their public "outing" will cripple them even more.
 











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