Davids DVC: Rental reimbursement or rescheduling?

[Bearval]

7 different lawyers will give you 7 different opinions.

You got it! My lawyer told me I am right and their lawyer is telling them they are right.

 

[Bearval]

We know what it’s not.
- Claim chargeback
- Small claims
- Contact the owner
- Contact Davids
- Take the voucher
- Don’t take the voucher

My guess - Do nothing, wait it out. Or was that suggested and I missed it?
[/QUOTE
What we do know is that the original contracts were poorly written and that ambiguity goes against the writer/provider of the contract. He wouldn't have rewriten the contracts if they had him covered. One issue is that he advertised to the owners and renters a garrentee it they held up their end they had nothing to worry about.

 

[lovethesun12]

what was your advice?

That's fair to ask however even though there are a lot of similarities, my situation is different than many on this thread mostly because I'm with a different rental company, in a different location with a different contract. My rental has not been cancelled yet, and I also would be satisfied with a voucher (prefer not to have the extra conditions though) so asked about what my options were if I was not offered one or offered one with different terms. I just had a million *if this happens, what should I do...* so the answers did specifically apply to me really.

My point was that just because someone offered advice on this thread (myself included) it doesn't mean it's the best advice.

 

[dsnymnkyuncle]

Seems an owner who received 70% and reservation was cancelled could offer to rerent those points as to fulfill the contract which was to rent points... I'd hard pass that money refund as it's not any part of contract. If you offer to rerent points and David's doesn't respond well that's on him. All this crud he's doing outside the contract is pretty creative but well but in signed contract. Just like my chargeback counter argument... This new contract isn't the one I agreed to.

Also seems doesn't matter if an owner cancels and banks if he can't prove you cancelled and not Disney right? Think this was a few pages ago and him being like don't cancel despite chances could prevent banking.

This is exactly my situation only I reached contacted David a couple of weeks prior to the banking deadline. My opinion to David was that under the circumstances his telling me not to cancel made David responsible for all the points. This led to communication with the Buyer and David asking me to cancel the reservation.

I do not believe there is a way to stop the renter from knowing you cancelled the reservation. I maybe wrong but if you (an owner) cancel on your own you are creating what seems a night mare situation for yourself.

 

[dsnymnkyuncle]

Honestly partly for curiosity and partly because I wanted to know where I stood when I talked to the rental company about this, I consulted a lawyer for advice on how to go forward.

The information I received was different from every single piece of advice offered on this thread. Not one single person, I repeat, not one post offered the advice I received.

That does not make it good.

 

[WDWEPCOT]

Update - I WON my dispute - credit card - chase
Rental - Aulani - check in May 2 - filed dispute March 25 - when hotel was closed - had already contacted David several times - I did not submitted any paperwork to Chase. I went over everything with Chase on phone and offered to send documents - informed them per David they are too busy with Florida to handle Hawaii but they were not too busy to take my money !
I also informed them I had points rented out with them and how that was being handled - I really believe all this played into it
Bottom line as I have posted - per Chase - not allowed to take money and not provide room - not forced to take voucher - grounds for chargeback

 

[Grumpy by Birth]

Update - I WON my dispute - credit card - chase

 

[banzai75]

Now to get word out to everyone! Post it on Facebook! See how fast it gets deleted !

 

[WDWEPCOT]

I also won my dispute against American Airlines with the cancelled flight voucher - I so love Disney Chase!!!
one more dispute pending from my cancelled Hawaii cruise
The only decent business has been DCL!! They were awesome !!

 

[_auroraborealis_]

View attachment 495394

This whole thing is like Spring Festivus.

Many grievances.
We can call the dispute a feat of strength.
And a Festivus miracle.

All we need is a pole, right?

 

[WDWEPCOT]

I don’t do Facebook but if I did I would post it in all caps !!!

 

[Grumpy by Birth]

This whole thing is like Spring Festivus.

Many grievances.

All we need is a pole, right?

RIP Jerry Stiller!

 

[Sandisw]

Update - I WON my dispute - credit card - chase
Rental - Aulani - check in May 2 - filed dispute March 25 - when hotel was closed - had already contacted David several times - I did not submitted any paperwork to Chase. I went over everything with Chase on phone and offered to send documents - informed them per David they are too busy with Florida to handle Hawaii but they were not too busy to take my money !
I also informed them I had points rented out with them and how that was being handled - I really believe all this played into it
Bottom line as I have posted - per Chase - not allowed to take money and not provide room - not forced to take voucher - grounds for chargeback

Now it will be interesting to see if his message to owners changes at all.

 

[WDWEPCOT]

Well I still have not heard from him and I had offered to reschedule my renter before their vacation was cancelled - then crickets - they ended up taking a voucher - and no one had contacted me - but he is booking new clients and some vouchers - none of thus makes any sense - hot mess

 

[Bearval]

Well I still have not heard from him and I had offered to reschedule my renter before their vacation was cancelled - then crickets - they ended up taking a voucher - and no one had contacted me - but he is booking new clients and some vouchers - none of thus makes any sense - hot mess

Problem is that if people accept the vouchers by signing the new and IMPROVED contract they have surrendered their ability to do a chargeback.

 

[Grumpy by Birth]

Well I still have not heard from him and I had offered to reschedule my renter before their vacation was cancelled - then crickets - they ended up taking a voucher - and no one had contacted me - but he is booking new clients and some vouchers - none of thus makes any sense - hot mess

 

[AnnieMouseMom]

I added the contract as additional information. Highlighted the lack of a force majeure clause. Also there was something in there about if no acclamations available a refund is due. I put that in there too.

Hello! Thanks so much for this. The credit card just asked me for additional info. Can you explain how the absence of the force majeure clause and the acclamation will help in my request for a refund? I googled but am not a lawyer!

 

[WDWEPCOT]

I do love your Post! You make me laugh!

 

[Grumpy by Birth]

I do love your Post! You make me laugh!

We all need a little laughter about now!

 

[banzai75]

Hello! Thanks so much for this. The credit card just asked me for additional info. Can you explain how the absence of the force majeure clause and the acclamation will help in my request for a refund? I googled but am not a lawyer!

I’m not a lawyer either but I basically said his original contract doesn’t have a force majeue clause. Since it doesn’t have it then it doesn’t cover events such as the pandemic which would free him from the contract.

if you see the future voucher contract he has added it in. So I also referenced that he is forcing you to accept a new contract which limits his liability.