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

I’ve rented my points through David’s a half dozen times, luckily not caught up in this mess though! But no more, the whole point was that he takes on the risk. I’m seeing that was all well and good on paper, but not in reality. I’ll start using the rental board here next time I have a surplus.
 
I'm not a lawyer either.

I agree with you and would add there isn't enough money in a win to make it worthwhile for an attorney to take such a case on contingency. And the amounts an individual might recover would not be enough to cover the legal fees.

it really depends. I know I've seen class actions with less than 30 plaintiffs.

As far as money -- there are certain laws that, if successful, the plaintiff gets attorney's fees and treble (triple) damages. This happens a lot with consumer protection laws -- which may or may not apply in this situation.
 
David’s updated contracts to include this :-

12. In the event of a Force Majeure (as defined in this paragraph), each party shall be excused from any future performance of obligations under this agreement; provided, however that if Intermediary has collected 100% of the funds for the reservation from Renter, Intermediary will provide to Renter a Credit which is limited in value to the amount paid for the reservation which is _______________ US Dollars on such terms and conditions as determined by Intermediary in its sole discretion, as soon as is reasonably possible after the condition(s) constituting the Force Majeure event is/are notified by Intermediary to Renter and Owner. A Force Majeure is an event beyond the Intermediary’s reasonable control which renders performance of a rental reservation with respect to Owner’s rented points impossible or substantially impaired, including without limitation, acts of God, acts of government, embargoes, war, riot, epidemic, pandemic, natural disaster, governmental order restrictions and Disney Vacation Club closures or cancellation of reservations.

so does that mean Owner keeps the 70%, david's keeps the 30% plus commission, and renter gets an IOU?
 


To me, it doesn't really matter what the contracts include or exclude now. Based on what has transpired so far, David's as a company has demonstrated it has ZERO intention on honoring what it advertises or is contracted to do for both renters & owners. To most, the contracts have been shown to be essentially nonenforceable because the cost to sue for damages would likely be not worth the cause. Hence, any future transactions with this broker would have to be based on good faith, which has literally evaporated over the last few weeks (not sure how much was actually there even prior to this pandemic).

Besides, it now appears that his service includes nothing more than just match-making, which makes the commission he charges excessive, IMHO. There are alternatives and I have yet to read horror stories about them screwing their owners and renters like David's has. I would rather take a chance on them than deal with a broker that I now consider "shady" at best if I am ever desperate to rent out points and not want to do it on my own.

LAX

agreed -- taking the cut he does to act as a "matchmaker" is excessive if he isn't also acting as a true escrow agent.
 
I read it as the renter gets an IOU, owners gets paid 100%.
That’s just the renter’s agreement with David’s. The owner’s intermediary agreement reads:

In the event of a Force Majeure (as defined in this paragraph), 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 after the conditions(s) constituting the Force Majeure event is/are notified by Intermediary to DVC Owner. A Force Majeure is an event beyond the Intermediary’s reasonable control which renders performance of a rental reservation with respect to DVC Owner’s rented points impossible or substantially impaired, including without limitation, acts of God, acts of government, embargoes, war, riot, epidemic, pandemic, natural disaster, governmental order restrictions and Disney Vacation Club closures or cancellation of reservations.​

ETA: link to full intermediary agreement for owners
https://dvcrequest.com/dvc-owners/sample-intermediary-agreement
 


That’s just the renter’s agreement with David’s. The owner’s intermediary agreement reads:

In the event of a Force Majeure (as defined in this paragraph), 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 after the conditions(s) constituting the Force Majeure event is/are notified by Intermediary to DVC Owner. A Force Majeure is an event beyond the Intermediary’s reasonable control which renders performance of a rental reservation with respect to DVC Owner’s rented points impossible or substantially impaired, including without limitation, acts of God, acts of government, embargoes, war, riot, epidemic, pandemic, natural disaster, governmental order restrictions and Disney Vacation Club closures or cancellation of reservations.​

ETA: link to full intermediary agreement for owners
https://dvcrequest.com/dvc-owners/sample-intermediary-agreement

Thanks.... no chance will I sign a contract with these conditions.
 
Thanks.... no chance will I sign a contract with these conditions.
Me either, I can rent privately and still put in a cancelation policy that gives the renter something and allows me something for my time.

I think that clause will be an issue for at least the near future for him.
It’s an absolutely horrible contract from an owner’s standpoint. I’ll continue to rent to friends and family when I have an over abundance of points. If I have no one that wants to go, then I’ll rent to the public on my own. David’s offers nothing that comes near the value of his outrageous fee.
 
That’s just the renter’s agreement with David’s. The owner’s intermediary agreement reads:

In the event of a Force Majeure (as defined in this paragraph), 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 after the conditions(s) constituting the Force Majeure event is/are notified by Intermediary to DVC Owner. A Force Majeure is an event beyond the Intermediary’s reasonable control which renders performance of a rental reservation with respect to DVC Owner’s rented points impossible or substantially impaired, including without limitation, acts of God, acts of government, embargoes, war, riot, epidemic, pandemic, natural disaster, governmental order restrictions and Disney Vacation Club closures or cancellation of reservations.​

ETA: link to full intermediary agreement for owners
https://dvcrequest.com/dvc-owners/sample-intermediary-agreement

wow -- talk about having your cake and eating it too. That's a hard pass.
 
This is the first year since my youngest moved to Florida to attend college 5 years ago that I have not used David's to rent my excess points. Even without the changes to the owner contract, his treatment of the renters caught in the covid mess would keep me from ever using him again.
 
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