Davids DVC: Rental reimbursement or rescheduling?

[CraigInPA]

Typically credit card payments are deposited to the business every day. Chargebacks under investigation are usually accounted for with a hold / temporary credit on the customer's account, but the credit card company won't take the money from the vendor yet.

Incorrect, the money comes out immediately. This is done in case the merchant is experiencing a run on his account (or is planning on making a run WITH the money) to make sure the money does not disappear.

 

[IdahoDisneyFan]

Can someone please post that

Ditto. I've seen several posters mention this apparent email from David's acknowledging the contracts being considered void. Was this sent to all owners?

 

[McCrae]

Ditto. I've seen several posters mention this apparent email from David's acknowledging the contracts being considered void. Was this sent to all owners?

My letter mentioned nothing about the contract being void. It was a request for help.

 

[Sandisw]

Ditto. I've seen several posters mention this apparent email from David's acknowledging the contracts being considered void. Was this sent to all owners?

Here is a link from an owner who posted the contents of the email from David’s.

https://www.disboards.com/threads/does-davids-tell-you-if-the-renter-cancels.3796406/post-61697335

 

[McCrae]

David's already said the contract isn't valid since the resort was closed. Assume the carrier confirmed that information but David's is unable to pay their bills. This might be considered a supplier default claim which may, or not, be covered.
[/QUOTE]
David hasn’t said this is any correspondence I have received.

 

[McCrae]

Here is a link from an owner who posted the contents of the email from David’s.

https://www.disboards.com/threads/does-davids-tell-you-if-the-renter-cancels.3796406/post-61697335

My email is different. It makes no mention of the contract being void. It asks if I would be willing to help.

 

[Sandisw]

My email is different. It makes no mention of the contract being void. It asks if I would be willing to help.

Well, it sounds like he opened himself up by putting it in an email to at least one owner, That was sent before this travel credit idea was decided so maybe he realized that Might-not have been a good choice

 

[DougEMG]

I don't know what Dave's contracts look like, but aren't some of the rental contracts out there a contract to rent points, which can then be used to make reservations? If that were the case would that make any difference at all to what is happening or what either party was responsible for?

 

[DougEMG]

In Canada the government is providing $2000 a month for 4 months to workers who being effected by COVID-19. This could help with David's payroll.

 

[Sandisw]

I don't know what Dave's contracts look like, but aren't some of the rental contracts out there a contract to rent points, which can then be used to make reservations? If that were the case would that make any difference at all to what is happening or what either party was responsible for?

It says to rent points that represent accommodations. So, it does put the two together,

The term ”rent points” isn’t really accurate, thought, is it? What is happening is you are renting a reservation that is being booked on points, so maybe the language of contracts should be changed to accurately reflect that.

So, I’d say anyone reading the contract is agreeing to pay for a room.

 

[Matty B13]

The term ”rent points” isn’t really accurate, thought, is it? What is happening is you are renting a reservation that is being booked on points, so maybe the language of contracts should be changed to accurately reflect that.

I think it is more accurate than saying your renting a reservation. The price of the "reservation" is based off of the total number of points, right. All prices are based off of point charts for the dates of the reservation, that's why there are point calculators on all the brokers websites.

Most websites talk about "renting points" the whole DVC system is based off of this. So that is why I wonder why people keep saying they are renting a reservation..... they are renting points, represented by a reservation.

 

[Sandisw]

I think it is more accurate than saying your renting a reservation. The price of the "reservation" is based off of the total number of points, right. All prices are based off of point charts for the dates of the reservation, that's why there are point calculators on all the brokers websites.

Most websites talk about "renting points" the whole DVC system is based off of this. So that is why I wonder why people keep saying they are renting a reservation..... they are renting points, represented by a reservation.

Tecnically, points have no value..it’s why DVC doesn’t allow payment for transfers,

I know people say it, but Im saying I don’t agree it’s an accurate statement

Renters are renting a confirmed reservation that the owner booked using points.

 

[fsjking]

I think it is more accurate than saying your renting a reservation. The price of the "reservation" is based off of the total number of points, right. All prices are based off of point charts for the dates of the reservation, that's why there are point calculators on all the brokers websites.

Most websites talk about "renting points" the whole DVC system is based off of this. So that is why I wonder why people keep saying they are renting a reservation..... they are renting points, represented by a reservation.

While that's the term people have used, in this new world of what's really legal here, an owner can't, by contract, rent you points. You can make a reservation for someone using points, but you can't give them control of the points.

 

[Matty B13]

Tecnically, points have no value..it’s why DVC doesn’t allow payment for transfers,

Then why does every deed say in it, this "represents XXX points in a XX UY"? Every reservation and contract is based off of points in the DVC system.

 

[Sandisw]

Then why does every deed say in it, this "represents XXX points in a XX UY"? Every reservation and contract is based off of points in the DVC system.

Because the points in the deed represent inventory. You are deeded interest in a piece of real estate and it is defined based on points,

Owning points is different, You get to do things with them, but points by themselves mean nothing.

A renter can’t do anything with them...that’s the difference in my eyes.

 

[Applebiscuit]

I rented points for 7 nights mid-may at AKL. I am willing to move my reservation to a different date, but my fear now is that by the time David's actually contacts me, there won't be any more availability left for the summer, and my wife is in school so if we can't find summer availability I'm not sure what we are going to do.

 

[Matty B13]

I rented points for 7 nights mid-may at AKL. I am willing to move my reservation to a different date, but my fear now is that by the time David's actually contacts me, there won't be any more availability left for the summer, and my wife is in school so if we can't find summer availability I'm not sure what we are going to do.

Summer isn't to bad for availability usually..... but this summer might be different. I would try to contact Davids ASAP and try to work something out. Hopefully the persons points you rented, didn't have a June UY.

 

[badeacon]

I just received reply from David's. I had replied that that I could rebook the April reservation and would be willing to do until June 2022 or re-rent points but would expect 30% owed me to be paid on booking the reservation , not on checkin since I had rented these points since june 2019.
I also mentioned that I had points rented for a stay in mid May and would be willing to rebook this reservation for sometime in future.
The response was that would not pay 30% owed me with re-rental until checkin, with no mention of rebooking original renters.
The response convinces me that they really are not interested in rebooking original renter but wanting the owners to either return the 70% or re-rent so David's get the cash. I have real doubts that would be paid the 30% owed if not paid until checkin.

 

[badeacon]

I rented points for 7 nights mid-may at AKL. I am willing to move my reservation to a different date, but my fear now is that by the time David's actually contacts me, there won't be any more availability left for the summer, and my wife is in school so if we can't find summer availability I'm not sure what we are going to do.

I am owner and have a mid May renter and I offered to David's to rebook for later but was told they are working on March and April and will get to May sometime in future. I wish you were my mid May rental and we could work on this together but mine was for PVB

 

[lawboy2001]

The only thing I will add is that the contract discussed non refundable in relation to the actions of the renter, It does not discuss what happens when the room is not available through no fault of their own,

This is a specific case of a frustrated contract. The owner cannot provide a room 'through no fault of their own.' The contract cannot be performed and, normally, the parties are put back to their original possessions -- i.e. money paid is returned.

That is what should happen, legally. David's should be paying back the 30% he is holding, to the renter, and the owner should be paying back the 70% they received, to David's or directly to the renter.