What if your reservation starts March 27 and goes well into April

[GoofyDad1970]

So ... it looks like DVC is going to cancel reservations during the closure period. But what if I have a reservation that starts during the closure period and extends past the (anticipated) opening date? Will they cancel the whole thing, or just the days that are (currently) included in the closure period?

ADDING BY EDIT:
Folks, I am an attorney. I am not looking for legal advice re what my obligations are with a renter. If I were, I would look at the agreement I have with them. I am asking about what DVC will do. Will they cancel the whole reservation, or just the March days (assuming the closure period is only through March). I thought perhaps someone else who is in this situation might have already called DVC to ask.

 

[davper]

To my understanding, You can still go in March, but the parks will be closed. The resorts are still open.

If it was me, I would still plan to go and spend the day at the resort pool or other resort amenities. Maybe visit family or drive to beach.

 

[_auroraborealis_]

To my understanding, You can still go in March, but the parks will be closed. The resorts are still open.

If it was me, I would still plan to go and spend the day at the resort pool or other resort amenities. Maybe visit family or drive to beach.

Resort hotels are now closing 3/20 with no announced re-open date.

I think this trip is off, frankly.

 

[Brandilla]

To my understanding, You can still go in March, but the parks will be closed. The resorts are still open.

If it was me, I would still plan to go and spend the day at the resort pool or other resort amenities. Maybe visit family or drive to beach.

No, all Disney properties will be closed as of Friday. Resorts, stores, dvc, etc. All closing.

 

[davper]

So I just learned. Things are changing fast.

I am expecting a call from my point rentor to get their money back on their april trip.

 

[Cyberc1978]

So I just learned. Things are changing fast.

I am expecting a call from my point rentor to get their money back on their april trip.

Depending on the wording in your contract, you can also try and reschedule but ultimately it depends on your contract. Some owners have expiring points and imo those points are gone and so would the renters money ( if they didn’t get travelers insurance)

 

[Sandisw]

Depending on the wording in your contract, you can also try and reschedule but ultimately it depends on your contract. Some owners have expiring points and imo those points are gone and so would the renters money ( if they didn’t get travelers insurance)

I think if you can’t deliver the room, regardless of the contact, you are in breach and need to return the money.

You can certainly try to reschedule the renter, but now that resorts are closed, at least those reservations for days through March 31st, the ball is in the renters court,

 

[Cyberc1978]

I think if you can’t deliver the room, regardless of the contact, you are in breach and need to return the money.

You can certainly try to reschedule the renter, but now that resorts are closed, at least those reservations for days through March 31st, the ball is in the renters court,

I disagree, my contract states that all sales are final and funds are non refundable. It says that you rent points that represent accommodation. Furthermore the contract states that members are not liable for any operation changes by DVC. Additionally I take no responsibility for situation which are not under my control.

With that said, I would work with my renter to try and reschedule but when the points expire they expire if not used.

 

[davper]

I think if you can’t deliver the room, regardless of the contact, you are in breach and need to return the money.

You can certainly try to reschedule the renter, but now that resorts are closed, at least those reservations for days through March 31st, the ball is in the renters court,

HI
The extract from a sample contract below says the renter is only entitled to a refund if room is unavailable due to negligence on the owner's part.
Should accommodations not be available on date of arrival due to an action or omission by the Member, including but not limited to negligence on the part of the Member and after communication with the Intermediary, suitable comparable accommodations for the same dates cannot be secured by the Member, the Renter will be due a refund limited to the amount paid which is $0000.00 US Dollars.
At the beginning of the contract it states that rentor is advised to get insurance.

 

[Sandisw]

HI
The extract from a sample contract below says the renter is only entitled to a refund if room is unavailable due to negligence on the owner's part.
Should accommodations not be available on date of arrival due to an action or omission by the Member, including but not limited to negligence on the part of the Member and after communication with the Intermediary, suitable comparable accommodations for the same dates cannot be secured by the Member, the Renter will be due a refund limited to the amount paid which is $0000.00 US Dollars.
At the beginning of the contract it states that rentor is advised to get insurance.

Of course, and in normal circumstances that would be true. But, the contract assumes that the owner can deliver the product being sold, and that is the room.

The owner sold a room. If they can’t deliver the room, then they are in breach. A contract needs an offer and a consideration. If that consideration isn’t given, or can’t be, it null and voids the contract.

It would be like ordering a pizza and when you go to pick it up, they say, well, our oven is broken so we can’t give it to you, but because it was a non refundable special, we get to keep your money.

 

[Cyberc1978]

Of course, and in normal circumstances that would be true. But, the contract assumes that the owner can deliver the product being sold, and that is the room.

The owner sold a room. If they can’t deliver the room, then they are in breach. A contract needs an offer and a consideration. If that consideration isn’t given, or can’t be, it null and voids the contract.

It would be like ordering a pizza and when you go to pick it up, they say, well, our oven is broken so we can’t give it to you, but because it was a non refundable special, we get to keep your money.

assuming You are correct, what about David’s they have a bunch of rentals where the renter won’t get a room and it’s my understanding that there is not much the renter can do as they signed David’s contract.

 

[Sandisw]

assuming You are correct, what about David’s they have a bunch of rentals where the renter won’t get a room and it’s my understanding that there is not much the renter can do as they signed David’s contract.

Well, if I was a broker ,,and I am not..,I certainly would not release the 30% to the owner because that happens at check in. Starting March 20th, the renter can’t check in,

So, owners would have to get the money back to the broker.. who’d have to get it to renter, I assume.

I would bet the first thing would be to try and get the renter and owner to reschedule if they can. If not, I don’t know if the broker would be on the hook to pay renter back and then try to get from the owner,

I am going to say it won’t be easy because an owner who spent the money can’t send something back they don’t have, If the renter paid via CC, in this case, when it can’t be delivered, they probably would be able to fight it.

Like I’d said in threads, it is a big mess and we are now leaning how risky renting can be, I think it will take a hit.

ETA: Not an attorney!

 

[Deb & Bill]

Anyone who is an attorney should say so at the start of their response. Otherwise, we can all expect the poster to not be an attorney and not really knowledgeable of the law. I am not an attorney, just an engineer who loves logic.

 

[CarolynFH]

assuming You are correct, what about David’s they have a bunch of rentals where the renter won’t get a room and it’s my understanding that there is not much the renter can do as they signed David’s contract.

This is from another thread on this board:

David's just sent out an email to owners and told them to refund.

"Disney has announced that resorts will be closed as of March 20th.

Renter Refunds: If this affects your renter, you should be preparing at this time to return renter funds for affected renters, as disney can no longer honor dates you contracted and promised renters

If you have a renter in this period, please contact us asap to determine what amount is due. "

A little further down...

"As of right now this only affects March dates, however, we have very little doubt that Disney will extend this to April eventually so April DVC owners should alspoprepare as of this time."

I think renting will look a lot different on the other side of this crisis. People are complaining because they rented vacation homes off site, and when WDW announced the park closures the homeowners refused to give them refunds on the basis that the home was still available. Similar issues reported on TUG (Timeshare Users Group, www.tugbbs.com), renters wanting refunds because they simply don't want to travel (to non-Disney locations). Owners are pointing to non-refundable clauses, offering to reschedule if possible, offering to refund 50%, etc. It's a mess all around.

 

[CarolynFH]

Anyone who is an attorney should say so at the start of their response. Otherwise, we can all expect the poster to not be an attorney and not really knowledgeable of the law. I am not an attorney, just an engineer who loves logic.

I wish some of the attorneys on this board and/or those who've shown in the past that they have detailed knowledge of Florida timeshare law, whether or not they're actually attorneys (yes, @drusba, where are you?) would comment.

 

[jeankeri]

interesting as I have points rented through David's and have not received an email. My renter was traveling March 29-April 4.

 

[Cyberc1978]

interesting as I have points rented through David's and have not received an email. My renter was traveling May 29-April 4.

March right?

 

[drusba]

So ... it looks like DVC is going to cancel reservations during the closure period. But what if I have a reservation that starts during the closure period and extends past the (anticipated) opening date? Will they cancel the whole thing, or just the days that are (currently) included in the closure period?

I think you should contact DVC on this one. My guess is that if you have a start date before April, they will likely be cancelling the entire reservation, including because it appears highly likely that the March 31 date is going to be extended -- the CDC is already recommending no gatherings of more than 50 anywhere for at least the next 8 weeks and my sense is that Disney is going to stay closed until this coronavirus issue becomes substantially settled, e.g., I am guessing the last thing Disney would want to happen is to reopen the parks April 1 and then two days later learn someone has come into the parks with the virus, potentially infecting a huge crowd of visitors. Nevertheless, you need to seek certainty on the cancellation issue.

 

[jeankeri]

March right?

fixed it, thanks!

 

[tallguy001]

If the room is not available to the renter then the entire contract is void. It’s irrelevant what the “fine print” is. The terms of the contract are impossible to satisfy.