Will you still rent your points with David's when this is not in your contract?

Donna M

DIS Veteran
Joined
Aug 8, 2008
15. 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, as determined by Intermediary in Intermediary’s sole discretion, for the same dates cannot be secured by the Owner, the parties agree that Renter will be due a refund limited to the amount paid which is _______________ US Dollars which refund shall be the responsibility of Owner. In the event that the suitable comparable accommodations, as determined by Intermediary in Intermediary’s sole discretion, are available for a sum greater than the original amount paid by the Renter, the difference in value shall be the responsibility of the Owner.

The above is found only in the renter's agreement. The owner's agreement calls for refunding the renter's costs, but it is not written that the owner will be responsible for additional payment if David needs to find more expensive accommodations. There's no way I would rent with such an unknown possibility.

I don't understand how David's can expect owners to pay the difference when it is not in the owner's contract. And unfortunately, the renter is lead to believe that the owner will pay.
 
15. 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, as determined by Intermediary in Intermediary’s sole discretion, for the same dates cannot be secured by the Owner, the parties agree that Renter will be due a refund limited to the amount paid which is _______________ US Dollars which refund shall be the responsibility of Owner. In the event that the suitable comparable accommodations, as determined by Intermediary in Intermediary’s sole discretion, are available for a sum greater than the original amount paid by the Renter, the difference in value shall be the responsibility of the Owner.

The above is found only in the renter's agreement. The owner's agreement calls for refunding the renter's costs, but it is not written that the owner will be responsible for additional payment if David needs to find more expensive accommodations. There's no way I would rent with such an unknown possibility.

I don't understand how David's can expect owners to pay the difference when it is not in the owner's contract. And unfortunately, the renter is lead to believe that the owner will pay.
I wouldn’t do business with David’s...period. Their true colors have been shown thru the COVID shutdown. I don’t think I could ever trust them, regardless of what their contracts say.
 
15. 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, as determined by Intermediary in Intermediary’s sole discretion, for the same dates cannot be secured by the Owner, the parties agree that Renter will be due a refund limited to the amount paid which is _______________ US Dollars which refund shall be the responsibility of Owner. In the event that the suitable comparable accommodations, as determined by Intermediary in Intermediary’s sole discretion, are available for a sum greater than the original amount paid by the Renter, the difference in value shall be the responsibility of the Owner.

The above is found only in the renter's agreement. The owner's agreement calls for refunding the renter's costs, but it is not written that the owner will be responsible for additional payment if David needs to find more expensive accommodations. There's no way I would rent with such an unknown possibility.

I don't understand how David's can expect owners to pay the difference when it is not in the owner's contract. And unfortunately, the renter is lead to believe that the owner will pay.
Language is confusing to me. David holds back 30% of what is due to owner as well as his commission. In the event of a closure, does this mean he is keeping those amounts & owner is on the hook to refund that plus what had already been paid to him by David?

On a practical note, how is the renter expected to collect from the owner? Renter paid David. Does this eliminate successful chargebacks?
 
1st, I am not dealing with David's anymore. They way they have dealt with owners has been horrendous.

But the first line of that paragraph reads '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'.
If Disney closes again, this line does not mean that the owner is on the hook. The owner is responsible if they cancel res, don't pay dues, or sell their contract and new owner doesn't honor. Stuff like that.
 




1st, I am not dealing with David's anymore. They way they have dealt with owners has been horrendous.

But the first line of that paragraph reads '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'.
If Disney closes again, this line does not mean that the owner is on the hook. The owner is responsible if they cancel res, don't pay dues, or sell their contract and new owner doesn't honor. Stuff like that.
That's how I read it. That the Owner is responsible for paying for reasonable accommodations if THEY screw up. I have no problem with that. I sell tickets on Stubhub and I sign the same type of agreement. I once (foolishly) tried to sell tickets on two platforms and the same tickets sold on Stubhub and on Facebook. I forgot to take them off of SH before accepting the money for them on FB and sending them to the buyer. Whoops. I had to pay for comparable tickets for my SH buyer and it was more than I received for my tickets. I messed up and I paid the price.
 
That's how I read it. That the Owner is responsible for paying for reasonable accommodations if THEY screw up. I have no problem with that. I sell tickets on Stubhub and I sign the same type of agreement. I once (foolishly) tried to sell tickets on two platforms and the same tickets sold on Stubhub and on Facebook. I forgot to take them off of SH before accepting the money for them on FB and sending them to the buyer. Whoops. I had to pay for comparable tickets for my SH buyer and it was more than I received for my tickets. I messed up and I paid the price.

But they’re have been times where DVC screwed ups and a reservation was lost. So, how do you prove it?
 
That's how I read it. That the Owner is responsible for paying for reasonable accommodations if THEY screw up. I have no problem with that. I sell tickets on Stubhub and I sign the same type of agreement. I once (foolishly) tried to sell tickets on two platforms and the same tickets sold on Stubhub and on Facebook. I forgot to take them off of SH before accepting the money for them on FB and sending them to the buyer. Whoops. I had to pay for comparable tickets for my SH buyer and it was more than I received for my tickets. I messed up and I paid the price.
There are those who have argued that by virtue of DVMC closing the resorts, and DVMC representing the owner, that the owner effectively “canceled” the reservation. I’m not in that group of thought, but David’s has presented that argument to at least one owner. So, apparently David’s either believes that to be the case, or tried this tactic to strong arm the owner into refunding.
 
But they’re have been times where DVC screwed ups and a reservation was lost. So, how do you prove it?
While that would indeed suck, my guess is that happens only very rarely. I have never had it happen to me and I don't recall actually hearing it happen to anyone else. Not that it couldn't happen or that it hasn't happened, but that it's not an everyday occurrence. In any case, you cannot protect against every single remote eventuality.

If it happens, how do you prove it? You ask a DVC Supervisor to write you an email. Or, you have a representative from David's on the phone with you while the CM explains things to you.
 
While that would indeed suck, my guess is that happens only very rarely. I have never had it happen to me and I don't recall actually hearing it happen to anyone else. Not that it couldn't happen or that it hasn't happened, but that it's not an everyday occurrence. In any case, you cannot protect against every single remote eventuality.

If it happens, how do you prove it? You ask a DVC Supervisor to write you an email. Or, you have a representative from David's on the phone with you while the CM explains things to you.

Maybe so, but it still means that as an owner you have a specific liability you didn’t have before so one has to decide if it still makes sense,

For me, this just confirmed I won’t use him,
 
Maybe so, but it still means that as an owner you have a specific liability you didn’t have before so one has to decide if it still makes sense,

For me, this just confirmed I won’t use him,
FWIW, I've never used them. I rent on my own and make more than David pays.
 
No - those new contract additions are deal breakers for me . I have rented my points both through Davids and on my own. Renting on my own was a bit more work but I got a lot more money. I will not rent to Davids anymore because I would never agree to those new contract terms.
 
You have your confirmation, correct? Until you do, there is no reservation.

I am talking after fact. Owners have had reservations canceled by mistake and if it is a rental and the DVC owner can’t get it back, they would still then be responsible to book something else for a renter and be responsible for the additional cost. In the past, David’s absorbed that.
 
It seems that David's still does not have their act together on their contracts.

I am so disgusted over how he's treated the owners and renters during this covid-19 closure that I would never again consider using him to rent my points. That is, assuming he even stays in business. His voucher system is basically a Ponzi scheme.
 
I only rent to people I know, and I don't have enough points to cover every request. So why would I give David 33% to be a middle man? Why would anyone?

I used David's (and paid his commission) for Peace of Mind. The joke is on me, b/c there is no peace of mind in dealing with his company. I'm done with him!! Will just rent points on my own, or use them myself from now on!
 

GET A DISNEY VACATION QUOTE

Dreams Unlimited Travel is committed to providing you with the very best vacation planning experience possible. Our Vacation Planners are experts and will share their honest advice to help you have a magical vacation.

Let us help you with your next Disney Vacation!









Top