JimMIA
There's more to life than mice...
- Joined
- Feb 16, 2005
This is covered by Dave's renters agreement:
There is a major problem with any kind of agreement - with anyone, for anything - involving the amount of money we are talking about in a DVC rental. The problem has absolutely nothing to do with David's service -- I've heard nothing but good things about his site.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 the Member or his membership. Any unpaid charges or damages assessed shall be reimbursed to the Member or the Associate Member or their assigned agents 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 the Renter. Renter agrees to pay any and all charges to the Member or the Associate Member or their assigned agents for any fees or charges related to the collection of any monies owing.
In relatively small business transactions like a DVC rental, a contract is helpful mostly to clearly spell out the obligations and expectations of the parties. Most rental issues revolve around misunderstandings, and contracts are helpful there.
But if a dispute occurs, the problem becomes enforcing a contract for a small amount of money. That is done through litigation and collection efforts, and that process is simply too costly to be worthwhile for this small an amount.
In addition, the above-quoted part of this particular contract doesn't tell us, but it matters greatly WHO is a party to the contract. Are the owner, renter, and the broker all three signatories to the contract? Or are there two contracts -- one between broker and owner, and another between broker and renter?
If there are two contracts, the contract with the renter has no relevence to the owner. The owner's contract is with the broker and these matters would be governed by that document...not the quote above. And with the same problems of litigation and collection if there is a difference of opinion.
Historically, unpaid renter charges to a room or damage to a villa have been a pretty rare occurrance and I personally think they are a relatively remote risk to an owner. But owners should be aware that the risk does exist.