Davids DVC: Rental reimbursement or rescheduling?

[WDWEPCOT]

My concern is the renter could obtain two rentals now - one from me because David knows we are working and one with the voucher
I think I am just going to wait for David to contact me - he’s the Broker earn your commission - he has too many different people handling one person

 

[CanadaDisney05]

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.

From my understanding, businesses that provide accomodations including hotels and timeshares are considered an essential business. The shutting down of the resort was a Disney/DVCM decision, not a government order.

 

[lovethesun12]

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.

This is a circular discussion because owners are going to argue they are not responsible and so are renters.

But my argument there would be:
1) Not having a reservation available is the action/omission
2) If you want to argue the owner/DVC didn't make the decision the contract specifically states "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".

The entire purpose of the contract was to provide the renter with a reservation. It is NOT limited to negligence on their part.

 

[Bowen Family]

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'm interested in this distinction also. From my understanding (and admittedly, I'm working from media reports, so this may not be fully accurate), Florida's governor declared hotels essential services and permitted to them to open or close at their discretion. So I can in fact book a room at any of the Disney Springs area hotels right now, but right across the street, Saratoga Springs is closed.

Complicating things further is the governor's Exec Order 20-87, which suspends rental of "vacation rental properties", but this order also very clearly exempts "...hotels, motels, inns, resorts, non-transient public lodging establishments, or time share projects."

So theme/amusement parks are undoubtedly closed by these orders, but are their resorts? Or are they, like the Disney Springs hotels, legally permitted to be open right now? And to be clear, I'm not suggesting they should be. I'm just interested in the distinction.

Anyone else have insight to share on this?

 

[dsnymnkyuncle]

I'm interested in this distinction also. From my understanding (and admittedly, I'm working from media reports, so this may not be fully accurate), Florida's governor declared hotels essential services and permitted to them to open or close at their discretion. So I can in fact book a room at any of the Disney Springs area hotels right now, but right across the street, Saratoga Springs is closed.

Complicating things further is the governor's Exec Order 20-87, which suspends rental of "vacation rental properties", but this order also very clearly exempts "...hotels, motels, inns, resorts, non-transient public lodging establishments, or time share projects."

So theme/amusement parks are undoubtedly closed by these orders, but are their resorts? Or are they, like the Disney Springs hotels, legally permitted to be open right now? And to be clear, I'm not suggesting they should be. I'm just interested in the distinction.

Anyone else have insight to share on this?

To be on the bright side I will take the position, and it is a position, that 'vacation rental properties' includes DVC points when rented for any of several reasons that would be more apt on non disney rentals...eg keep out of state people from coming
Whereas a time share project would be far less rental and out of state travel and concern owners

 

[disneypharm]

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.

You highlighted the owner's section of the paragraph. I never highlighted that part of the paragraph to blame the owner. Based on the initial contract, if no accommodations, you get a refund, regardless of who is at fault. This is what I was told on the phone by my CC representative. Of course, the broker will send the non-refundable part to the CC company for his own defense without sending the second paragraph. It is our job as the CC owners to let the CC company know that there are more info on the first and second contracts.

 

[SageG]

What is the latest reservation that someone has had cancelled at this point? I have a split stay coming up that still hasn't been cancelled for some reason (based on what others had said, I had assumed the first leg would've been by now). First stay is BLT checking in on 5/21 and out on 5/27; second is Villas at Grand Floridian checking in on 5/27 and out on 6/1. Curious if anyone has been cancelled in that same window yet.

 

[WDWEPCOT]

Per my credit card - no room refund period ! From Chase

 

[disneypharm]

What is the latest reservation that someone has had cancelled at this point? I have a split stay coming up that still hasn't been cancelled for some reason (based on what others had said, I had assumed the first leg would've been by now). First stay is BLT checking in on 5/21 and out on 5/27; second is Villas at Grand Floridian checking in on 5/27 and out on 6/1. Curious if anyone has been cancelled in that same window yet.

We have a split stay for May 9th (cancelled on Monday May 4th) and May 12th (cancelled on Tuesday May 5th). So, your dates will most likely get cancelled 5 days before.

 

[MIDisFan]

You highlighted the owner's section of the paragraph. I never highlighted that part of the paragraph to blame the owner. Based on the initial contract, if no accommodations, you get a refund, regardless of who is at fault. This is what I was told on the phone by my CC representative. Of course, the broker will send the non-refundable part to the CC company for his own defense without sending the second paragraph. It is our job as the CC owners to let the CC company know that there are more info on the first and second contracts.

My apologies. I only quoted your post to highlight the wording in the contract. I wish you all have success with charge backs through your CC companies.

 

[Sandisw]

I'm interested in this distinction also. From my understanding (and admittedly, I'm working from media reports, so this may not be fully accurate), Florida's governor declared hotels essential services and permitted to them to open or close at their discretion. So I can in fact book a room at any of the Disney Springs area hotels right now, but right across the street, Saratoga Springs is closed.

Complicating things further is the governor's Exec Order 20-87, which suspends rental of "vacation rental properties", but this order also very clearly exempts "...hotels, motels, inns, resorts, non-transient public lodging establishments, or time share projects."

So theme/amusement parks are undoubtedly closed by these orders, but are their resorts? Or are they, like the Disney Springs hotels, legally permitted to be open right now? And to be clear, I'm not suggesting they should be. I'm just interested in the distinction.

Anyone else have insight to share on this?

I have posted this in several places, so I will summarize, POSgives DVCM the right to shut down once a state of emergency is declared, The property management agreement is with Disney so that plays a role too, Under both of these it gave DVCM the authority to shut down due to health and safety, It is not required that they be ordered to shut down,

Once those emergency orders are lifted, then they have to open back up in what would be considered a reasonable amount of time,,,ie: can’t stay closed any longer than necessary. But, as long as there are stare or local orders giving them the ability to stay shut, it’s up to them to decide.

 

[Bowen Family]

I have posted this in several places, so I will summarize, POSgives DVCM the right to shut down once a state of emergency is declared, The property management agreement is with Disney so that plays a role too, Under both of these it gave DVCM the authority to shut down due to health and safety, It is not required that they be ordered to shut down,

Once those emergency orders are lifted, then they have to open back up in what would be considered a reasonable amount of time,,,ie: can’t stay closed any longer than necessary. But, as long as there are stare or local orders giving them the ability to stay shut, it’s up to them to decide.

Thank you! Very helpful.

 

[MIDisFan]

I have posted this in several places, so I will summarize, POSgives DVCM the right to shut down once a state of emergency is declared, The property management agreement is with Disney so that plays a role too, Under both of these it gave DVCM the authority to shut down due to health and safety, It is not required that they be ordered to shut down,

Once those emergency orders are lifted, then they have to open back up in what would be considered a reasonable amount of time,,,ie: can’t stay closed any longer than necessary. But, as long as there are stare or local orders giving them the ability to stay shut, it’s up to them to decide.

State of Emergency would be different from a stay at home order would it not? While DVC would have a right to shut down under a State of Emergency, that would not be the case if they were mandated to shut down under an executive order from state.

 

[Dracula]

Per my credit card - no room refund period ! From Chase

Does this mean they denied your chargeback? Are you planning to appeal that, what is the next step?

 

[Amymouse13]

Per my credit card - no room refund period ! From Chase

We were told by both credit cards this is expected, we have to respond now

 

[momincolorado]

Does this mean they denied your chargeback? Are you planning to appeal that, what is the next step?

I read this as Chase’s position is if no room available you get a refund, period.

 

[Sandisw]

State of Emergency would be different from a stay at home order would it not? While DVC would have a right to shut down under a State of Emergency, that would not be the case if they were mandated to shut down under an executive order from state.

Yes, those are different, but DVCM shut down DVC resorts before any stay at home was issued, They were shut down at the same time Disney shut down their own resorts.

I think the point is that when the decision was made, it was legally done via emergency powers given to them via the POS.

 

[merry_nbright]

As stated before, I’ve got a reservation from them booked from June 13-20. My dad has a ton of underlying conditions and even if the parks are open, we are not going. Every week I email them and they reply back, saying stuff like we need to take care of the May customers first and they will work with me to rebook or a voucher, but I am still beyond stressed about this. I think I’m so neurotic, they’re getting annoyed by my once a week emails. Oh well. I don’t quit and I won’t until this is taken care of.

 

[DGsAtBLT]

As stated before, I’ve got a reservation from them booked from June 13-20. My dad has a ton of underlying conditions and even if the parks are open, we are not going. Every week I email them and they reply back, saying stuff like we need to take care of the May customers first and they will work with me to rebook or a voucher, but I am still beyond stressed about this. I think I’m so neurotic, they’re getting annoyed by my once a week emails. Oh well. I don’t quit and I won’t until this is taken care of.

They’re willing to give you a voucher even if the parks and resorts are open?

 

[merry_nbright]

They’re willing to give you a voucher even if the parks and resorts are open?

No clue, but they did say they will work with me to get it changed, so, take that as you will.