Room liability associated with renting points

[DVCSunDevil]

Not sure where to post this question. The Rent/Trade board seems to be reserved for actually listing rentals. I have never rented my points before and was just spending some time investigating that whole process. If I rent my points to someone and they do damage to the room, am I liable for the damages or are they liable? I have seen rental contracts that stipulate the renter is liable, but a long time DVC owner that I know said DVC and the actual properties consider the DVC owner liable since we own the DVC contract. According to the long time DVC owner, the rental contract is a way for the DVC owner to try and collect the damages from the renter (i.e. to basically get reimbursed for what the DVC owner will have to pay for damages). Does anyone have any experience with this??

 

[crisi]

Yes, you would be liable. I don't believe anyone here has ever reported getting charged, but it is - as I understand it - legally your responsibility. Rental contracts will state that the renter is liable so that if it does happen, you have a leg to stand on in recovering your money.

 

[Evita_W]

Depending on how you collect money from the renter, you may be able to hold their card and charge them for any damages you get charged for. This would need to be stipulated in any contract with the renter though.

 

[Sandisw]

You are responsible for the actions of your guests and damage would be part of that.

What would typically happen though is that the bill would be to them, but DVC could freeze your account until you get your guest to cover the bill.

Basically, putting the responsibility on you to get your guests to pay it before you can use your account again

They have done it like that in the past for room charges that didn’t get paid or card declined after check out...though in the past few years I have read a few reports that may have changed.

But when it did happen, DVC owners ended up just paying it so they could use the account.

It is a risk of renting, even if a low one. It certainly should be part of the contract but not sure in reality it’d be easy to collect.

 

[DVCSunDevil]

You are responsible for the actions of your guests and damage would be part of that.

What would typically happen though is that the bill would be to them, but DVC could freeze your account until you get your guest to cover the bill.

Basically, putting the responsibility on you to get your guests to pay it before you can use your account again

They have done it like that in the past for room charges that didn’t get paid or card declined after check out...though in the past few years I have read a few reports that may have changed.

But when it did happen, DVC owners ended up just paying it so they could use the account.

It is a risk of renting, even if a low one. It certainly should be part of the contract but not sure in reality it’d be easy to collect.

Ok, thank you for clarifying. I’m in no rush to rent my points, but I do know the day will come when I have/want to rent them. It would be nice if there was a way to see the history of renters. As in, if people rented points previously through the rent/trade forum it would be great if there was a way to see if those people were “good renters”.

 

[EM Lawrence]

Score one for point transfers vs point renting I suppose. I assume if you transfer your points, the person who uses them would be the one liable in the event of a damaged room?

 

[GoingSince1990]

I'm happy to say I've been renting out my points since 2013 and no renter has ever damaged the room and caused me to be billed. Fortunately I don't think people smashing up rooms in Disney resorts is a common occurrence. As for my family, the only "damage" I can recall ever doing in a hotel room is years ago at the Portofino in Universal, when my daughter was swinging back and forth on a dining chair (it was a suite) and the chair fell backwards. Fortunately she was not badly hurt, but the chair was broken. I called the front desk and confessed, and would have understood if we had been billed, but they never charged me.

 

[Evita_W]

Score one for point transfers vs point renting I suppose. I assume if you transfer your points, the person who uses them would be the one liable in the event of a damaged room?

Yes, there are a lot of advantages for transfer in my opinion.

 

[DVCSunDevil]

Score one for point transfers vs point renting I suppose. I assume if you transfer your points, the person who uses them would be the one liable in the event of a damaged room?

Most definitely. However, can’t points only be transferred to DVC members? I was asking more about renting points to non DVC members. If a current DVC member was looking for points then, absolutely, transferring points to that person would make a lot more sense than renting to a non DVC member.

 

[fancymouse]

Ok, thank you for clarifying. I’m in no rush to rent my points, but I do know the day will come when I have/want to rent them. It would be nice if there was a way to see the history of renters. As in, if people rented points previously through the rent/trade forum it would be great if there was a way to see if those people were “good renters”.

I mean in a perfect world this sounds nice, but there are a lot of first time renters that would have no proof of rental history. Remember that renters are taking a similar risk in a private rental scenario that you aren’t going to take their money and disappear or cancel their reservation etc. This type of transaction has risks on both sides and so having a written contract is the best thing you can do to protect yourself.

 

[DVCSunDevil]

I'm happy to say I've been renting out my points since 2013 and no renter has ever damaged the room and caused me to be billed. Fortunately I don't think people smashing up rooms in Disney resorts is a common occurrence. As for my family, the only "damage" I can recall ever doing in a hotel room is years ago at the Portofino in Universal, when my daughter was swinging back and forth on a dining chair (it was a suite) and the chair fell backwards. Fortunately she was not badly hurt, but the chair was broken. I called the front desk and confessed, and would have understood if we had been billed, but they never charged me.

That’s what I was thinking...I don’t see a lot of people trashing Disney hotel rooms. That kind of goes against the whole “happiest place on earth” thing. But after 2020, nothing would shock me

 

[GoingSince1990]

That’s what I was thinking...I don’t see a lot of people trashing Disney hotel rooms. That kind of goes against the whole “happiest place on earth” thing. But after 2020, nothing would shock me

When renting out points you need to get the names of everyone who will be staying in the room, and the ages of any kids, in order to make the reservation. And for me it's always been a couple, two couples, a family, something like that. I might feel a twinge of worry if it was ever 12 people all with different last names wanting to rent a Grand Villa but fortunately that has never happened!

 

[Matty B13]

Also, in your contract, you should state that the names on the reservation have to stay the same, even if the dates get changed, and that no substitutions is allowed. This prevents people from subletting your reservation to another party.

 

[DVCSunDevil]

Also, in your contract, you should state that the names on the reservation have to stay the same, even if the dates get changed, and that no substitutions is allowed. This prevents people from subletting your reservation to another party.

Good point. Actually, that brings me to another question. Is there a place online where you can get samples of DVC rental contracts? Or has anyone shared them on the DISboard? I actually found one online but I wasn’t sure if there were others. I will use your suggestion and add that clause about the names staying the same, if it isn’t in there already.

 

[Matty B13]

Good point. Actually, that brings me to another question. Is there a place online where you can get samples of DVC rental contracts? Or has anyone shared them on the DISboard? I actually found one online but I wasn’t sure if there were others. I will use your suggestion and add that clause about the names staying the same, if it isn’t in there already.

There are some good ones out there on Disboards, I think one of the better ones was in the discussion on David's DVC rentals.

 

[DVCSunDevil]

There are some good ones out there on Disboards, I think one of the better ones was in the discussion on David's DVC rentals.

I'll check it out. Thanks!

 

[DVCSunDevil]

When renting out points you need to get the names of everyone who will be staying in the room, and the ages of any kids, in order to make the reservation. And for me it's always been a couple, two couples, a family, something like that. I might feel a twinge of worry if it was ever 12 people all with different last names wanting to rent a Grand Villa but fortunately that has never happened!

One more question on this. Do you add wording that states something to the effect of "only those people who's names were included as part of the reservation agreement are allowed to stay in the room"? I found a really good rental contract to use and it states that all names and ages must be sent to the Member, but it doesn't state anything about those people being the only ones who can stay in the room. Or have you used wording similar to "no subletting of the room is allowed"? Just curious. I don't want to get too into the weeds, but I also want to be covered. Thanks!

 

[GoingSince1990]

One more question on this. Do you add wording that states something to the effect of "only those people who's names were included as part of the reservation agreement are allowed to stay in the room"? I found a really good rental contract to use and it states that all names and ages must be sent to the Member, but it doesn't state anything about those people being the only ones who can stay in the room. Or have you used wording similar to "no subletting of the room is allowed"? Just curious. I don't want to get too into the weeds, but I also want to be covered. Thanks!

I actually haven't bothered using a formal rental contract when renting points privately for quite some time. Most people seem quite happy to do things informally. I went back and looked at the language the last time I did use a contract and the relevant wording was "Renter has declared to the Member the first and last names and ages of each person staying in the villa as indicated below" followed by a list of the room occupants. In any case the renter would not be able to change the names of the room occupants on the reservation; only the points owner can do this.

 

[DVCSunDevil]

I actually haven't bothered using a formal rental contract when renting points privately for quite some time. Most people seem quite happy to do things informally. I went back and looked at the language the last time I did use a contract and the relevant wording was "Renter has declared to the Member the first and last names and ages of each person staying in the villa as indicated below" followed by a list of the room occupants. In any case the renter would not be able to change the names of the room occupants on the reservation; only the points owner can do this.

Got it. Thanks!

 

[LAX]

Yes, there are a lot of advantages for transfer in my opinion.

If you can find a DVC member interested in a transfer, that would be the best. However, finding a "match" can sometimes be difficult due to restriction of one transaction (in or out) per use year. The number of points you have available need to be close to what the interested member is looking for.

LAX