Davids DVC: Rental reimbursement or rescheduling?

@Bowen Family -- This is an interesting post. But, wouldn't you think that if your Agreement with David was signed before April 18th that the original act would stand?

ETA: I guess this answers my question posed much earlier in this thread about the type of business that David operates under -- he is formally a travel agent?
Vouchers are not uncommon here. Could just be providing clarification after inquiries.
 
@Bowen Family -- This is an interesting post. But, wouldn't you think that if your Agreement with David was signed before April 18th that the original act would stand?

ETA: I guess this answers my question posed much earlier in this thread about the type of business that David operates under -- he is formally a travel agent?

FYI: I've edited my post with a March 30, 2020 date, as upon further research, this is the date when the reg came into force. It was published in the Ontario Gazette on April 18, 2020, though this is a minor and not terribly interesting distinction!

And my interpretation is that it is meant to apply to travel services (accommodations in this instance) cancelled after the March 30, 2020 date, so the date of the original rental agreement is not likely a factor.
 


(2) Despite subsection (1), if the supplier’s failure to provide the travel services is related to coronavirus (COVID-19), the registrant may elect to provide the customer with a voucher, certificate, coupon or similar document, for future redemption towards travel services.

I see this as a big complication for CC and avoiding the voucher
 
Citibank uses an online dispute you can really only check box saying service not received. They then contacted David's and here we are...

Bank of America we had to call, then they mailed us a form, then contacted David's, then mailed us a copy of everything David sent. This is a harder one as I can't call them as I'm not on my husband's business credit card as user so they won't talk to me.... We tried to call last night but they close at 7pm...

Thanks for this helpful info. Do you mind briefly describing for us the documentation David’s provided Bank of America? Is it the Ontario Travel Industry Act regulations I posted this afternoon?

And good luck!
 


Ok I’m a bit frustrated
I rented out my points - with David’s approval I contacted thru David’s and told my renter I would rebook them if they did not want to travel and Disney was closed - they did not and it was
David quit speaking to my renter and to me
I was in contact with renter and knew the dates they wished to book. Contacted renter to find out they accepted travel voucher from David’s
Ahh where does this place me now ? I have not received any communication from David’s nor would I have known about travel voucher if I had not contacted renter
Here I was trying to be decent and don’t feel like renter is being decent at all - as renter was very vague in offering in details to me at all
So are they rebooked ? I don’t know
Am I to rebook ? I don’t know
Is anyone telling me anything ? Nope
 
Thanks for this helpful info. Do you mind briefly describing for us the documentation David’s provided Bank of America? Is it the Ontario Travel Industry Act regulations I posted this afternoon?

And good luck!

Looked like screen shots of computer screens like during making reservations? Highlighted no refund policy...

Both Citibank and Bank of America said this is all normal... That we have to fight after they respond
 
For what it's worth the representative from our CC company told us offering a voucher shouldn't have any bearing on a dispute of this nature. Whether that's true or not I'm not sure, but just thought I'd throw it out there.
 
Looked like screen shots of computer screens like during making reservations? Highlighted no refund policy...

Both Citibank and Bank of America said this is all normal... That we have to fight after they respond
Then maybe you should send the following section of the contract highlighted back to the CC company:
"Should accommodations not be available on date of arrival due to an action or omission by the Owner, including but not limited to negligence on the part of the Owner and after communication with the Intermediary, suitable comparable accommodations for the same dates cannot be secured by the Owner, the Renter will be due a refund limited to the amount paid which is $XXX US Dollars."
 
Ok I’m a bit frustrated
I rented out my points - with David’s approval I contacted thru David’s and told my renter I would rebook them if they did not want to travel and Disney was closed - they did not and it was
David quit speaking to my renter and to me
I was in contact with renter and knew the dates they wished to book. Contacted renter to find out they accepted travel voucher from David’s
Ahh where does this place me now ? I have not received any communication from David’s nor would I have known about travel voucher if I had not contacted renter
Here I was trying to be decent and don’t feel like renter is being decent at all - as renter was very vague in offering in details to me at all
So are they rebooked ? I don’t know
Am I to rebook ? I don’t know
Is anyone telling me anything ? Nope
When was your original reservation? How frustrating for you not to get a reply from David when you are doing the right thing. I decided for my rentals to leave it upto David to contact renters as I didn’t want it to get messy.
 
My renters were for early April
So did David give you the 30% or ask for the money back or request the use of your points for a future booking? If he hasn’t then I would send an email stating a date by which you want to hear from him before considering the contract full filled. If your renters have a voucher then they are fulfilled. If your points need banking then state that deadline. I would be very clear what you are prepared to do. I would be frustrated by the lack of response as well. He was very prompt at replying to me about my future rentals.
 
Then maybe you should send the following section of the contract highlighted back to the CC company:
"Should accommodations not be available on date of arrival due to an action or omission by the Owner, including but not limited to negligence on the part of the Owner and after communication with the Intermediary, suitable comparable accommodations for the same dates cannot be secured by the Owner, the Renter will be due a refund limited to the amount paid which is $XXX US Dollars."

I truly hope every renter is made whole and owners as well. I just don't see any action or omission by the owners. I think an argument can be made that DVC did not make the decision to shut down. Did the executive order issued by the Governor exclude Disney World? I thought it was mandated as a non essential business to close. Therefore, members, by proxy, are not responsible because DVC did not make the decision on our behalf or otherwise. In any event, the only opinion that will matter is your CC company's opinion. Hopefully everyone who goes this route is successful.
 
I have not heard from David’s since March last word I had from my renter was that David’s had stopped communicating with them - I checked with renter since the new dates picked were coming up to be booked to find out they have voucher
No I have not received 30% and my points are good to be rented
My concern is I have a contract until proven otherwise I have a signed contract with this renter - so release me from this contract - then we can go down that rabbit hole - either the contracts are valid or they are not but we can’t play it both ways to David’s advantage and everyone else determent . I myself want something in writing releasing me from this contract. I am not a lawyer but contracts are legal binding documents and can’t be changed unless ALL parties agree to change them. I do not recall being asked if I agreed to a voucher nor was I asked to fulfill said voucher
So here we are
 
I have not heard from David’s since March last word I had from my renter was that David’s had stopped communicating with them - I checked with renter since the new dates picked were coming up to be booked to find out they have voucher
No I have not received 30% and my points are good to be rented
My concern is I have a contract until proven otherwise I have a signed contract with this renter - so release me from this contract - then we can go down that rabbit hole - either the contracts are valid or they are not but we can’t play it both ways to David’s advantage and everyone else determent . I myself want something in writing releasing me from this contract. I am not a lawyer but contracts are legal binding documents and can’t be changed unless ALL parties agree to change them. I do not recall being asked if I agreed to a voucher nor was I asked to fulfill said voucher
So here we are
You are completely right to be cautious of the next move. David should be talking to you because you are an owner that is willing to work with him. If I were you I would stop talking to your renter and send an email to Davids asking for clarity. Give him a date to reply to you, stating the possible dates the renter has asked for with the booking window coming up. Ask him what he wants you do with the booking. He will not want the renter to have a voucher and a booking. But he may want to use your points for someone else or the original renter. Make sure he knows when the points expire and are of no more use. I think your email maybe at the bottom of the pile now and he may think it has been dealt with. Your contract is with Davids not the renter. I decided not to talk to my renters as it would complicate things.
 
I have not heard from David’s since March last word I had from my renter was that David’s had stopped communicating with them - I checked with renter since the new dates picked were coming up to be booked to find out they have voucher
No I have not received 30% and my points are good to be rented
My concern is I have a contract until proven otherwise I have a signed contract with this renter - so release me from this contract - then we can go down that rabbit hole - either the contracts are valid or they are not but we can’t play it both ways to David’s advantage and everyone else determent . I myself want something in writing releasing me from this contract. I am not a lawyer but contracts are legal binding documents and can’t be changed unless ALL parties agree to change them. I do not recall being asked if I agreed to a voucher nor was I asked to fulfill said voucher
So here we are

I am an owner and understand your concerns. My reservation was in April. I have not received the remaining 30% from David’s. I was told to wait until Disney cancelled. I did this. I have been asked if I would like to help out by re-renting. I am undecided on this. Regardless of what I do David’s sent me an email stating I have fulfilled my contract with them.
 
I did NOT cancel either I waited for Disney to do it
Radio silence from David’s on my rents and on the points I have rented also
 

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