Updating my earlier sample agreements reflecting changes based on member comments. As always, I recommend that you have a qualified lawyer review any agreement to ensure that it will achieve your objectives, protect your interests and comply with appropriate law.
Sample Rental Agreement for Disney Vacation Club Reservation
This agreement is made the _____ day of ____________, 2010 by and between RENTER1 and RENTER2 (together Renter) and MEMBER1 and MEMBER2 (together Member).
Renter agrees to pay $___.00 per point for the points required to make the reservation. In addition to payment for points, Renter is responsible for any exchange fees assessed for non-Disney Vacation Club Resort accommodations. Such fees are due at the time of the initial 10% Security Deposit, are in addition to the Security Deposit requirements and are non-refundable.
Renter agrees to provide the Resort with an acceptable credit card upon check-in for incidentals and any other charges imposed by the Resort connected to Renters stay at and use of the Resort.
Member will always retain control over the reservation. Renter may not sublease to a third party. Renter may not change the reservation in any way, at any time. When Member rents to a non-club member, it is the responsibility of the Member to notify Member Services when making the reservation.
Renter will email Member a photo copy of his/her drivers license or state approved alternate photo ID, the first and last names and ages of each person staying at the Resort, the arrival and departure days and dates, the Resort (first, second and third choice), the accommodations (studio, 1 bedroom, 2 bedroom, grand villa, etc if you are flexible rank the order of preference) and any special requests (near elevator, low floor, desired view and the like). Special room requests will be noted as a preference in the reservation record but cannot be guaranteed. Medical conditions, particularly if specially equipped accommodations are required should be communicated to Member so that Member Services can check for availability. The information provided by Renter shall be attached to and become a part of the Agreement.
Member will confirm availability with Member Services and make reservation in Renters name. At this time Member will provide the Disney Vacation Club confirmation number to Renter. 10% Security Deposit, plus exchange fees (if any) are due via PayPal.
Upon receipt of written confirmation from Disney Vacation Club (this takes from five to ten business days) and confirmation from PayPal of Renters initial 10% Security Deposit and exchange fees (if any); Member will fax or email the confirmation notice to Renter. The confirmation will be attached to and become part of the Agreement. At this time a payment of 20% of the price per point times the number of points required is due via PayPal. Confirmation is required from PayPal within 5 business days or reservation will be cancelled and all monies paid to date by Renter shall be forfeited.
The balance of 80% of the price per point times the number of points required is due 60 days prior to the arrival date via PayPal. If PayPal does not confirm the final payment within 5 business days of the due date, the Member shall contact Renter to advise that PayPal must confirm the final payment within an additional 5 business days or the reservation shall be cancelled and all monies paid to date forfeited.
If Renter wishes to change the reservation, Member will make reasonable efforts to assist Renter to make such changes. Renter shall be responsible for 100% of any additional points required, charges assessed or costs incurred to accommodate Renters changes. Payment for these changes shall be due via PayPal upon e-mail or fax notice from Member. Confirmation of payment for such changes is required from PayPal within 5 business days of such notice or reservation will be cancelled and all monies paid will be forfeited.
If Renter wishes to cancel the reservation, Member will make reasonable efforts to assist Renter to cancel the reservation on a timely basis. Cancellation must take place 31 days or more in advance of arrival to avoid penalties. Renter will be repaid for any points that are not subject to any restrictions and are returned to their original Disney Vacation Club status and use year. Points that are in holding accounts, or are subject to banking or borrowing restrictions or are permanently transferred outside of the Disney Vacation Club Resort collection are repaid only if Member can rent them and only to the extent of any rental payments received by Member for such points up to and not to exceed the amounts paid by Renter. Member shall deduct any nonrefundable fees or costs incurred by Member prior to returning any monies due to Renter. Member shall return any monies due to Renter via PayPal within 5 business days of the date that such determination is made.
Members are subject to all reservation policies of Disney Vacation Club whenever they make a reservation whether it's for the Member, a guest or a renter. If a reservation is made within 31 days of travel, Members are automatically subject to holding account rules should they need to cancel the reservation. Because of this restriction Renter must make payment in full via PayPal (must be confirmed by PayPal) before Member will make a reservation within 61 days of arrival.
Renter agrees to abide by all Disney Vacation Club terms, policies and rules applicable to Disney Vacation Club members and Disney Vacation Club membership. Renter agrees to be responsible for any unpaid charges or damages to the unit rented, including all contents and improvements, Disney Vacation Club property and Disney property during his/her stay that are assessed against Member or his membership. Any unpaid charges or damages assessed shall be reimbursed to Member via PayPal within 10 business days of notice to Renter. Sending a fax or e-mail copy of a Disney Vacation Club or other Walt Disney Company communication assessing the charges or damages shall satisfy notice to Renter. Any unused Security Deposit will be returned to the Renter via U.S. Mail 14 days after check-out.
All Disney resorts are smoke free, including balconies. Smoking is permitted only in designated outdoor locations.
Renter understands that Members do not get daily housekeeping services at Disney Vacation Club Resorts. If your stay is for less than eight nights, you'll receive Trash & Towel service on day four. If your stay is for eight nights or longer, you'll 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.
Pets are not permitted to stay at Disney Vacation Club Resorts, except for service animals as defined by the Americans with Disabilities Act.
This is an agreement to rent a reservation requiring ___ points that represent accommodations only. There are no ticket media, transportation, meals, transfers, insurance, or other items included. Member privileges and benefits cannot be extended to non-Club Members who rent reservations from Members.
Agreed and accepted on the date first shown above.
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