Does David's tell you if the renter cancels?

[Marionnette]

One could argue but I don't believe credit card companies will. It's not out of context at all, the agent of the deeded timeshare owner closed the resort. A suitable comparable option is not available for those dates. Therefore a refund is due.

Reading the entire clause changes the meaning as to who is responsible. You cannot just claim “the renter is due a refund” without defining the terms under which they are entitled to a refund and from whom.

 

[Yinn]

Lol April 1st certainly seems like an appropriate date for a cure to appear.

I’m just happy someone got the joke!

 

[CraigInPA]

We don't know the actual legal details on how this closure was enacted. It is likely that DVCMC does not have the legal rights to shut down the property. However, according to Florida statute 718.1265, the Condominium Association board does. And that would put the responsibility directly on the association itself.

This is exactly the kind of IANAL posting that creates confusion. The law cited regulates condominiums. You need to look at the relevant section of Florida law regarding timeshares. While both are "associations", legally they are regulated differently.

 

[CraigInPA]

You could just go to small claims court which normally costs under $100 to file and I think the suit would have to be against David's since that is where the primary agreement was with.

When you tell the clerk you want to sue a company in Canada and a member in some other state, they'll tell you that you need to file in superior court, or file in the venue stated in the jurisdiction clause of the contract. So, thousands of dollars in filing fees (plus an attorney, because superior court will not [at least in Pennsylania] accept a new case pro-se), or travel to Ontario. Neither of them are really viable options.

 

[toniosmom]

You’ll be fine. April 2nd is a whopping 7 days away. I’m sure this whole Coronavirus thing will be sorted out this weekend and Disney will no longer be closed after March 31.

I mean, they wouldn’t wait until the last minute to tell us otherwise so we would have definitely heard by now if they were closed beyond that. Imagine the horrible limbo otherwise.

I mean if I was a renter for April 2nd I’d be thinking..Do I cancel the flight? Are we even allowed to go? What if they’re open? What if they’re closed? Well I can’t cancel, I’d lose my money. I guess I’ll hold on to it and hope that Disney actually closes. That might be my best bet to get my money back.

It would drive me a little nuts and I refuse to believe Disney will do that to us. So April 1st. Coronavirus is cured. Travel ban lifted. Resorts open. Park is open. Stock market is fully recovered. I have the faith.

Wouldn't that be wonderful??? LOL

 

[tallguy001]

When you tell the clerk you want to sue a company in Canada and a member in some other state, they'll tell you that you need to file in superior court, or file in the venue stated in the jurisdiction clause of the contract. So, thousands of dollars in filing fees (plus an attorney, because superior court will not [at least in Pennsylania] accept a new case pro-se), or travel to Ontario. Neither of them are really viable options.

‘Much more painless to initiate a credit card dispute.

 

[Brianstl]

When you tell the clerk you want to sue a company in Canada and a member in some other state, they'll tell you that you need to file in superior court, or file in the venue stated in the jurisdiction clause of the contract. So, thousands of dollars in filing fees (plus an attorney, because superior court will not [at least in Pennsylania] accept a new case pro-se), or travel to Ontario. Neither of them are really viable options.

That is why they have class actions.

 

[Sandisw]

We don't know the actual legal details on how this closure was enacted. It is likely that DVCMC does not have the legal rights to shut down the property. However, according to Florida statute 718.1265, the Condominium Association board does. And that would put the responsibility directly on the association itself.

They do have the power, I found it in the POS for RIV. They have emergency powers which allow them to close, given Florida declared a state of emergency.

 

[Matty B13]

They do have the power, I found it in the POS for RIV. They have emergency powers which allow them to close, given Florida declared a state of emergency.

They probably put that in there for hurricanes, but I would think it would also work for pandemics.

 

[Sandisw]

They probably put that in there for hurricanes, but I would think it would also work for pandemics.

Yes, I am sure they were thinking about weather related issues when it was included.

The clause itself doesn’t include reasons so it would appear to allly to any type of closure based on emergency.

 

[CraigInPA]

That is why they have class actions.

There is not enough money in this to initiate a global class action lawsuit. You'd need millions of dollars in potential damages for a mass tort firm to take this up.

 

[hlhlaw07]

That is why they have class actions.

You should really stop confusing your google searches or things you have seen on tv with a law degree/license to practice law. Stating everything as cut and dry, as you have been, is not helpful to those actually facing the situation. It’s obvious you don’t have a full grasp and understanding of contract law, diversity jurisdiction, criminal law, nor class action law suits. So just stop.

 

[Lewisc]

Reading the entire clause changes the meaning as to who is responsible. You cannot just claim “the renter is due a refund” without defining the terms under which they are entitled to a refund and from whom.

Your post was regarding credit card chargeback. The refund would be due from whoever initiated the charge, David's. Entitled to a refund since the services contracted for, resort stay was not available due to resort closure.

 

[Yinn]

You should really stop confusing your google searches or things you have seen on tv with a law degree/license to practice law. Stating everything as cut and dry, as you have been, is not helpful to those actually facing the situation. It’s obvious you don’t have a full grasp and understanding of contract law, diversity jurisdiction, criminal law, nor class action law suits. So just stop.

Sworn in by a fool, and vouched for by a scoundrel. I am a lawyer...

and You’re out of order.

Maybe...YOU CANT HANDLE THE TRUTH.

Because I never broke the law! I am the LAW!

I rest my case.

Everything that just said was BS, thank you.

Seems to me that movies have taught me everything I need to know about lawyering. Open and shut case.

 

[Van Houten]

The law cited regulates condominiums. You need to look at the relevant section of Florida law regarding timeshares. While both are "associations", legally they are regulated differently.

DVC is filed as Condominium Association. Examples are available in just about every DVC document.

 

[tubtruck]

That is why they have class actions.

Class action, why would anyone bother, throw a fortune at some law firm to go after a small business that for many of the customers is in another country. The business employs about 40 odd people and would not have the money to pay regardless of any legal success, this is not some multinational with billions in assets and would most likely simply file for bankruptcy. Far better for people to simply accept any offer of credit voucher from David and move on with their lives. Throwing money at it will more than likely mean you simply have less money than before you employed any law firm.

As for David suing owners, it's also not going to happen and would also be totally pointless. He would have to file claims in every state and country that owners are located, using many law firms to understand various different law systems. Not to mention sending representatives to the various places and also enforcing any favourable individual cases that he may have taken out, the costs of any of this action on either side would far exceed the value of the recovered funds.

 

[fsjking]

That is why they have class actions.

The only way this turns into a class action lawsuit is if they find some way to legally tie this to Disney. As in they had no legal right to close the resorts. Then it would have to be by the owners and I don't think the renters would really be party to that. There's just not enough money otherwise.

 

[tallguy001]

Class action, why would anyone bother, throw a fortune at some law firm to go after a small business that for many of the customers is in another country. The business employs about 40 odd people and would not have the money to pay regardless of any legal success, this is not some multinational with billions in assets and would most likely simply file for bankruptcy. Far better for people to simply accept any offer of credit voucher from David and move on with their lives. Throwing money at it will more than likely mean you simply have less money than before you employed any law firm.

Much easier to file a credit card dispute. They will be drowning in them. If so, any future credit from them will be worthless.

 

[Brianstl]

You should really stop confusing your google searches or things you have seen on tv with a law degree/license to practice law. Stating everything as cut and dry, as you have been, is not helpful to those actually facing the situation. It’s obvious you don’t have a full grasp and understanding of contract law, diversity jurisdiction, criminal law, nor class action law suits. So just stop.

I never claimed to be a lawyer.

It appears you are. Do you think the contracts are void? Do you think owners have breached the contract with David’s by their inability to honor the reservation contracted for? Are renters entitled to refunds for reservations that can’t be honored?

 

[Brianstl]

Much easier to file a credit card dispute. They will be drowning in them. If so, any future credit from them will be worthless.

When this is over will credit card companies be willing to work with any business renting DVC?