Effective DVC Point Rental Agreements

Any compensation for the points cannot be discussed with DVC MS either.
Yes, this is very important to know! I've read of MS refusing to process the transfer when one party said payment was involved. Payment for transfers is expressly prohibited in our contracts even though transfers are expressly allowed.
 
Yes, this is very important to know! I've read of MS refusing to process the transfer when one party said payment was involved. Payment for transfers is expressly prohibited in our contracts even though transfers are expressly allowed.
Both parties should be aware this before the phone call is made just to avoid any possible issues.
 


I am always modifying it slightly. This contract is, perhaps, too complex. Certainly I have seen contracts that were much simpler, and possibly much better, but this covers the things that I thought were important. A Lawyer will probably tell you that this contract will NOT protect you from anything. BUT, Disney requires one with the renter, AND if the renter knows that he/she has already agreed to certain things, it is my belief that they are more likely to actually follow those things.

I will also say that I don't always enforce everything in the contract, in particular, the part about total loss of points if they cancel. Truthfully, when I rent them the points I specify the absolute last date they can be used (the end of my use year) and I will offer to try to change their reservation, if possible, within those parameters.

Also, in this age of COVID I had many many cancellations and reschedulings. I allowed people to freely cancel, if they did it with sufficient time, and then I either banked the points OR rented out the points OR rented the reservation to someone else. I actually ended up providing total refunds to 4 or 5 people, totally multiple thousands of dollars, and rescheduled several others. I also ended up using some of those points myself. My family took trips to DW in Feb 2020, July 2020, Oct 2020, Jan 2021 and March 2021 (I'm at DW right now). I have 4 memberships and over 1000 points, so we COULD use all of them, but usually we don't even come close. Anyway, I tried very hard to be fair to everyone. I hope they appreciated it.

OK. Here goes:
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Hi XXXX, below is your reservation confirmation.

Please look it over and make sure everything - but especially the dates - are correct. Other things to check are your names, ages of children, the resort and room type and view. If there is any problem, let me know immediately.

Also go into your My Disney Experience account and make sure the Reservation Number is tied to your account and that everything looks okay.

I will also send you another email to follow this one. That following email will have your contract, both in the email, and attached. Take it, put your name in the bottom area where it says, 'Renter Name' and then send it back to me. Disney requires a contract.

Make sure the prices listed, and everything else, is correct on the contract. I calculated the cost based on $XX per point, but if I have made a mistake, please let me know.

* Venmo works well for me and here is my Venmo ID: XXXXXXXXXX
* If you choose to pay through PayPal, my PayPal ID is just my email address: XXXXXX@gmail.com.
* If you choose to send a check, then let me know, so I can keep an eye out for it. I get a ton of mail and I don't want it getting lost.
* If you need my address, it is listed in the Contract towards the bottom.

Please let me know if you have any questions.

Thanks.

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(Then I cut and paste their reservation confirmation number and information here.)
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Then in a following email I cut and and paste the full contract, below, into their note, AND, I also attach a copy of the contract to the email as an attachment in a Doc file. They can either open the Doc file, amend it with their names, and return it, OR just take the note I send them, put in their names and return the whole note. Either way works for me.

Full contract is below:
______________________________________
Contract to Rent DVC Points from (XXXX XXXXXX), the DVC Member

Thank you for renting from us. By Returning this contract to us, by Email, you are specifying that you agree with this contract. By submitting your payment, you are agreeing to all of the following terms and conditions:
  • You will abide by all Disney Vacation Club terms, policies and rules applicable to Disney Vacation Club members and Disney Vacation Club membership.
  • You will be responsible for any unpaid charges or damages to the unit rented, including all Disney Vacation Club property, contents, improvements, and any damage to general Disney property during your stay, including any damages from other people staying with you, whether or not those charges are assessed against the Member or his membership.
  • You will repay any unpaid charges or damages to the unit within 10 business days of notice being sent to you.
  • In the unlikely event that there are unpaid charges or damages to the unit, we will send a fax or e-mail copy of a Disney Vacation Club communication or other Walt Disney Company communication assessing the charges or damages, which shall satisfy notice to you.
  • You agree that only the people listed on the reservation will stay with you. It might be possible to add other people to the reservation if the DVC Villa which is being reserved allows more tenants. If you need to modify the reservation, and change the people on it, then please contact us regarding this, so we can modify the reservation for you.
  • This is an agreement to rent accommodations only, this does not include tickets, meals, transportation (except standard DIsney transportation and Magical Express), transfers or entertainment, unless otherwise noted.
  • For any optional items, such as event tickets, or Disney Dining Plan, that you cannot pay directly to Disney, you agree that you will pay a 5% processing fee for us to take care of it for you.
  • You understand there are no daily housekeeping services at Disney Vacation Club resorts, but only Trash and Towel service. Replacement towels will be available upon request. If your stay is for less than eight nights, Renter will receive Trash & Towel service on day four. If Renter's stay is for eight nights or longer in one unit, the Renter will receive full cleaning service on day four, and Trash & Towel service on day eight. After that, the cycle begins again on day twelve. Day one is check-in day. More frequent housekeeping is available for an additional fee payable directly to your resort.
  • Disney World is Smoke-Free. No smoking is allowed in the rooms at Disney World. Smoking is also not allowed on the balconies. Smoking is only allowed in specific, designated areas.
  • Pets, including comfort animals, are not permitted to stay at Disney Vacation Club Resorts, except for certified service animals as defined by the Americans with Disabilities Act.
  • DVC Owner agrees that all DVC Membership and Maintenance fees that are required for your resort stay will be valid and will be properly maintained and paid by us, the owners, through your resort stay.
  • All payment (100% of the agreed upon cost for the rental) is due immediately, by Personal Check, Cashier’s Check, or through PayPal, upon receipt of email confirmation with your Room Reservation number. You agree to pay any PayPal fees.
  • Failure to pay 100% of the price of this reservation within 10 days of receipt of your confirmation will result in cancellation of your reservation.
  • Your rented points will expire on XXXXXXXX (example, August 31st, 2022) if you have not used them by then. This is the end of my Use Year. There will be no refund for expired or unused points.
  • This reservation is nonrefundable, if you need to change the dates of the vacation, this might possibly be accommodated under certain circumstances, depending on room availability to allow change of reservation. However, options are very limited and we make absolutely no promise that another satisfactory reservation will be available. Due to the fact that Disney Vacation Club units book out at a nearly 100% occupancy rate it is unlikely that any other reservations will be possible for you. If you are unable to keep your reservation, the points will Expire. Please contact us for more details. There will be no refunds provided for unused points and if you need additional points, you will need to rent them at the then current rate, if they are available. Please note that we will do our best to work with you if you have a problem, but our hands will be tied in most cases.
This contract is an agreement between XXX XXXX, the DVC Owner; and XXXX the Renter/Tennant who is renting the one time use of XXX DVC points to obtain a Reservation at XXXXX for a XXX bedroom XXX view villa unit for the period of XXXX through XXXX with check out on XXX.

This reservation requires XXX DVC Points which are being purchased at a cost of $XX per point for a total amount of $XXXX which is due and payable immediately.

Failure to use these points and the Reservation which is made with them will result in loss of these points. Failure to keep this Reservation will not result in replacement of these points.

DVC Member and Owner: XXXX XXXXX

XXXXXXX@gmail.com

Phone Number: XXX-XXX-XXXX

My Address: XXXXXXXXX

Renter Name: XXXX

Renter Address: XXXX

Renter Email:

Date of Contract: XXXX

Please return a copy of this contract, to us, by email, with your name typed into the appropriate place, above. This indicates your acceptance and understanding of this contract. Return of this contract by Email constitutes an Electronic Signature.
I am going to try and rent our points - thank you for sharing this information.
 
With the new paypal 1099 reporting, what are you doing for payment? Specifically asking for people to put in send to friends and family? Or asking for a check/money order?
 


Thanks, I don’t see anything about the new 1099 rules though for PayPal. Do most people ask for a check and not do PayPal?
I think since this is new for 2022, many may not have thought about it yet. It probably all depends on how often one rents.
 
Thanks, I don’t see anything about the new 1099 rules though for PayPal. Do most people ask for a check and not do PayPal?
Any payment that is paid via Goods and Services will receive the 1099. Only Family and Friends payments do not get a 1099.
 
Zelle may be the new type of payment renters will have to insist on.

https://www.zellepay.com/faq/does-zelle-report-how-much-money-i-receive-irs
I'm sure all the payment systems have both pros and cons. Zelle won't allow you to cancel a payment after it's been sent if the recipient is enrolled in Zelle, and a Zelle account can't be linked to a credit card. Those would be pretty significant cons for me.

I take all of those payment types either way but it sounds like another hurdle for renters to overcome with uneasy renters.
Presently, there seems to be more demand than availability or owners willing to rent points. Owners can most likely do just fine specifying how (and by which methods) they will accept payments.
 
I guess the benefit of sending via Paypal F/F is that it will also bypass the fee that we ask renters to pay.
 
Thank you for all that have contributed information to this post. I'm considering renting and your suggestions are really helpful.
 

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