Got this email from David's. Can you help me navigate?

[wishicouldgomoreofte]

Sooo, basically, they went from saying you would still get your 30% on check in date, to only receiving it as long as the reservation is available for someone to check into? I’d need further clarification on that. Sounds like you’re not getting that 30% if you don’t move forward.

I read it differently. It appears it is remaining as was. The point being made, I believe, is the DVC member cannot cancel it or alter it in any way, as stipulated in the contract the DVC member signed. If the DVC member cancelled it, and banked the points or did anything that violated the original contract they signed, they would be subject to the contract terms for reimbursement, perhaps legal fees, etc. You seem to be coming from the opinion that David's is no good and trying to put one over on the OP.

 

[wishicouldgomoreofte]

No, as long as the member doesn't cancel the reservation, they will be paid the remaining 30% on the check-in date, pursuant to and consistent with the verbiage of the initial contract. This is an excerpt from David's email that I received where a a family was considering not utilizing their reservation and had inquired about renting it to a different family. David's acknowledges that it's outside their policy, but is allowing it and, apparently, if the reservation is not re-rented, David's is allowing the family to continue to have access to the reservation; I as the member just need to keep it active or change it to a new family for an extra $2/pt. Either way, I'm supposed to be paid: "Please note that the choice to make the modification, or to not make the modification, does not affect your final payment. You will still receive the final 30% on the date that these guests are scheduled to check in. Please note that if you do not wish to assist with a modification, you will be required to leave the reservation intact for the guests to use so that we can pay you the remaining owing. "

you explained it better than I did

 

[wishicouldgomoreofte]

In the other thread on this matter, the Owner
was NOT paid the 30% as promised even though it was in writing and promised.

can you link that thread please?

 

[Dis-n-Pix]

As an DVC owner I received a similar message from Dave’s stating my renter wanted to cancel their October reservation, and Dave’s would like for me to re-rent their reservation. Dave’s stated the only thing that would change for me, the owner, would be a name change. This is actually not true. When I pushed Dave’s with the right questions I was informed all new rentals and re-rentals will have the force majeure clause for the renter. This clause places the DVC owner at risk of having to pay the renter back, not Dave’s, and changes the terms of the original rental agreement. Once I received the full disclosure from Dave’s I decided not to re-rent, and kept the contract with my original renters.

 

[wishicouldgomoreofte]

As an DVC owner I received a similar message from Dave’s stating my renter wanted to cancel their October reservation, and Dave’s would like for me to re-rent their reservation. Dave’s stated the only thing that would change for me, the owner, would be a name change. This is actually not true. When I pushed Dave’s with the right questions I was informed all new rentals and re-rentals will have the force majeure clause for the renter. This clause places the DVC owner at risk of having to pay the renter back, not Dave’s, and changes the terms of the original rental agreement. Once I received the full disclosure from Dave’s I decided not to re-rent, and kept the contract with my original renters.

That is not what the Force Majeure paragraph says. It states:

In the event of a Force Majeure, each party shall be excused from any future performance of obligations under this agreement; provided, however that if Intermediary has paid 70% of the funds collected for the reservation from Guest to DVC Owner pursuant to 4(f) of this Agreement, DVC Owner will return to Intermediary the full amount it has already received from Intermediary, as soon as is reasonably possible.

Also, yours would not be a NEW rental and re-rental.

 

[Dis-n-Pix]

That was not what I was told when I spoke with Dave’s. I was told the owner would have to reimburse the renter. So, based on what paragraph states the owner refunds Dave’s. In either case the owner loses funds received, which changes the “original“ contract terms of the funds not being refundable.

In my case it would be a re-rental. Thus, the terms of the rental contact would change.

 

[Grumpy by Birth]

I think he's saying that all new rentals will have the force majeure clause for the renter and all re-rentals will have the force majeure clause for the renter. It doesn't have to be both. Either one will fall under the new terms. So as a re-rental, the clause would apply.

 

[Dis-n-Pix]

I understand now. My wording implied both not either. I should have stated- all new rentals or re-rentals will have the Force Majeure claus.

 

[TCRAIG]

Sorta like finding a needle in a haystack. First you have to find another renter that wants to go in August, getting tickets is a challenge, and then dealing with Davids is a hassle. If you are more than 30 days out, then cancel and bank your points or rent them yourself. If you are within 30 days, then it may be a lost cause.

If you cancel a trip you have rented thru David’s - he has the right to get the 70% you were paid when you made the reservation back from YOU...it’s in your original contract.. DO NOT CANCEL

 

[DebbieB]

Are you able to name the company?

https://dvcrentalstore.com/
I guess not

 

[Wakey]

Not sure about USA but in the UK (and does David’s contract have a jurisdiction clause ) the contract would be deemed frustrated, and Force Majeure clauses would likely have little effect.

 

[Sandisw]

As an DVC owner I received a similar message from Dave’s stating my renter wanted to cancel their October reservation, and Dave’s would like for me to re-rent their reservation. Dave’s stated the only thing that would change for me, the owner, would be a name change. This is actually not true. When I pushed Dave’s with the right questions I was informed all new rentals and re-rentals will have the force majeure clause for the renter. This clause places the DVC owner at risk of having to pay the renter back, not Dave’s, and changes the terms of the original rental agreement. Once I received the full disclosure from Dave’s I decided not to re-rent, and kept the contract with my original renters.

Thank you for sharing because I was worried about this. My renters will be checking in in 5 weeks and have not heard anything so I am assuming they are still planning to go.

I was contemplating allowing a name change with the $2/point...but this is too risky.

I will stick with my original plan if asked,,,,forfeit the 30% I am owed to give the renter some compensation and I keep points...or I leave reservation intact and I get It all and renter is out of luck.

 

[connorlevismom]

Well now I am freaked out that I made the wrong decision. I wonder if I can change my mind.

 

[Sandisw]

Well now I am freaked out that I made the wrong decision. I wonder if I can change my mind.

Of course you can...I think I realized that because it’s the new renters contract that Has that language, it could be why when asked they say you are still under old,

Maybe contact them directly and ask that same question...will you owe money back if something happens like a resort closure since new renters would be under new contract?

 

[connorlevismom]

Of course you can...I think I realized that because it’s the new renters contract that Has that language, it could be why when asked they say you are still under old,

Maybe contact them directly and ask that same question...will you owe money back if something happens like a resort closure since new renters would be under new contract?

I emailed them and asked the question. We will see what kind of answer I get. If there is any indication that I am on the hook for any type of refund. I am not re-renting.

 

[connorlevismom]

Here is my response:

thank you for reaching out to us today!
I have no problem answering any questions you may have!
If we end up Re-Renting these points to a new family and the Resorts were to close, you would not owe back the 70% that was already sent to you as this was not in your original contract. If this event were to take place, the Guest would receive a refund via a Travel Credit from David's Vacation Club Rentals. We, of course, are hopeful that the resorts remain open!
I hope this answered your inquiry! If you have any other questions or concerns, please do not hesitate in reaching back out to me!

 

[Yinn]

Here is my response:

thank you for reaching out to us today!
I have no problem answering any questions you may have!
If we end up Re-Renting these points to a new family and the Resorts were to close, you would not owe back the 70% that was already sent to you as this was not in your original contract. If this event were to take place, the Guest would receive a refund via a Travel Credit from David's Vacation Club Rentals. We, of course, are hopeful that the resorts remain open!
I hope this answered your inquiry! If you have any other questions or concerns, please do not hesitate in reaching back out to me!

But would you receive the 30% still? Or no because the resorts would be closed? I hadn’t thought of that aspect before now..

If you potentially forfeit the 30% then I’d probably prefer just to collect the 30% owed me now.

 

[connorlevismom]

But would you receive the 30% still? Or no because the resorts would be closed? I hadn’t thought of that aspect before now..

If you potentially forfeit the 30% then I’d probably prefer just to collect the 30% owed me now.

I don't think I would collect it either way, if the resorts closed. Based on what others are saying, they did not get their 30% when the resorts were closed. Maybe I am wrong?

 

[connorlevismom]

I asked about the 30% and I specifically said that with the contract I am currently under, that there is no force majeure clause and therefore I am owed the 30% regardless, with the original renter. Seems they do not agree and plan on keeping it, should the resorts close again. Here is the response:

In the event that the Resorts were to be closed August 17, 2020 and accommodations would not be available to our guests, the contract would become invalid and we would be unable to send the final 30% of funds. Disney Vacation Club would also return all of these points to you. This would be the case whether we could find a new Renter or not.
In this event, we are certainly willing to attempt to re-rent the returned points and at that time if we are successful, we will be able to pay you the Owner the final 30%.
We understand how frustrating this is and we have nothing but empathy and compassion for all Guests and Owners that have been impacted by the COVID19 closures.
As long as the resort remains open and accommodations are available, you will receive this 30%. Plus an additional 2 Dollars per point if we find a new family to take over this reservation.

 

[Yinn]

I asked about the 30% and I specifically said that with the contract I am currently under, that there is no force majeure clause and therefore I am owed the 30% regardless, with the original renter. Seems they do not agree and plan on keeping it, should the resorts close again. Here is the response:

In the event that the Resorts were to be closed August 17, 2020 and accommodations would not be available to our guests, the contract would become invalid and we would be unable to send the final 30% of funds. Disney Vacation Club would also return all of these points to you. This would be the case whether we could find a new Renter or not.
In this event, we are certainly willing to attempt to re-rent the returned points and at that time if we are successful, we will be able to pay you the Owner the final 30%.
We understand how frustrating this is and we have nothing but empathy and compassion for all Guests and Owners that have been impacted by the COVID19 closures.
As long as the resort remains open and accommodations are available, you will receive this 30%. Plus an additional 2 Dollars per point if we find a new family to take over this reservation.

Which is so inconsistent. If the resort is open and they cancel, I’m not even sure they get a voucher because it’s open.

But if it closes after your original renter cancels, would they then go back to your original renter and offer them a voucher when the resort re-closes? I doubt it. But they’d withhold the 30% that you were due...