Effective DVC Point Rental Agreements

I have found many of the rental agreements had terms that I didn't think were fair, either to the owner or the renter, so this is what I have used in the past:
Thank you for renting from us, by submitting your payment, you are agreeing to the following terms and conditions:

  • You will abide by all Disney Vacation Club terms, policies and rules applicable to Disney Vacation Club members and Disney Vacation Club membership.
  • You will 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.
  • You will repay any unpaid charges or damages to the unit within 10 business days of notice being sent to you.
  • In the unlikely event that there are unpaid charges or damages to the unit, we will sending a fax or e-mail copy of a Disney Vacation Club or other Walt Disney Company communication assessing the charges or damages, which shall satisfy notice to you.
  • This is an agreement to rent accommodations only, this does not include tickets, meals, transportation (except Magical Express), transfers or entertainment, unless otherwise noted.
  • For any optional items that you cannot pay Disney Direct, you agree that you will pay a 5% processing fee for us to take care of it for you.
  • You understand there are no daily housekeeping services at Disney Vacation Club resorts, but rather Trash and Towel service. If your stay is for less than eight nights, Renter will receive Trash & Towel service on day four. If Renter's stay is for eight nights or longer, The Renter will 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. More frequent housekeeping is available for an additional fee payable directly to your resort.
  • Pets are not permitted to stay at Disney Vacation Club Resorts, except for service animals as defined by the Americans with Disabilities Act.
  • We agree that all maintenance and loan fees that are required for your resort stay to be valid will be properly maintained through your resort stay.
  • This reservation is nonrefundable, if you need to change the dates of the vacation, this may be able to be accommodated under certain circumstances, please contact us for more details. There will be no refunds provided for unused points and if you need additional points, you will need to rent them at the then current rate, if available. Please note that we will do our best to work with you if you have a problem, but our hands may be tied in some cases. Exception to nonrefundable clause: If we find someone to take over your reservation, we will refund 75% of what they pay us to you. (We can negotiate what you would find acceptable for them to pay us, if this is necessary).
Renter Name:
Date:
Electronic Signature:
I know I got it from somewhere and made some modifications, but I think this keeps it simple, direct and to the point.
 
In mine I also include clauses about only the number of people shown on the contract will occupy the room (and I won't rent to more than DVC's stated occupancy) and no-smoking in/on non-smoking rooms or balcony's, and that smoking requests are just requests and not guaranteed.

Mine also requires a fee if the person cancels within the cancellation period for whatever reason. If I've got to spend time making mroe phone calls or doing more paperwork, then I'm going to get something out of it.

Anne
Considering there are no smoking rooms on Disney property anymore, there is no need for stating smoking requests are request, just leave it as no smoking.
 
thank you to all for the great information on this thread! i have points to rent/transfer for SSR and (hopefully soon, in ROFR) BCV. too many points for us to use this year ;) Some points of consideration:
1. is it preferable to rent or is a transfer (requiring ALL available points to be transferred) better? i know about the once per use yr. rules, etc.
2. i'd like to charge 50% at time of reservation and 50% 120 days out. is that too draconian? is the 20/80 split used by most?
3. it seems that it would be better to rent my SSR through David's as i'm not going to get a better rate here than through david's due to demand. BUT i think the BCV points would command a better price here than what an owner will receive through David's - it seems they are one of the resorts at a premium demand - especially during F&W.
4. i have a PayPal account - is that the method preferred by most renters?

TIA to all the wonderful DIS veterans out there who take the time to answer questions thoughtfully and thoroughly.
 
thank you to all for the great information on this thread! i have points to rent/transfer for SSR and (hopefully soon, in ROFR) BCV. too many points for us to use this year ;) Some points of consideration:
1. is it preferable to rent or is a transfer (requiring ALL available points to be transferred) better? i know about the once per use yr. rules, etc.
2. i'd like to charge 50% at time of reservation and 50% 120 days out. is that too draconian? is the 20/80 split used by most?
3. it seems that it would be better to rent my SSR through David's as i'm not going to get a better rate here than through david's due to demand. BUT i think the BCV points would command a better price here than what an owner will receive through David's - it seems they are one of the resorts at a premium demand - especially during F&W.
4. i have a PayPal account - is that the method preferred by most renters?

TIA to all the wonderful DIS veterans out there who take the time to answer questions thoughtfully and thoroughly.
Transfer can be less of a problem, but there are still scammers out there. Be careful.
Many owners require full payment to make the reservation or even a token to make the reservation and full payment right after the reservation is made.
You may want to use David's to rent out your SSR points. And even your BCV points. I can be easier.
Technically, Paypal is not supposed to be used for timeshare rentals, only actual products. You might not be covered if it goes wrong.
 


thank you! i remember now reading about using PP for timeshare rentals in another thread - i think a thread about a rental "gone wrong" actually! and i am definitely thinking about using David's - while i have the time and DVC knowledge to deal with a rental, i think the security of David's may be worth the commission. curious - regarding transfers - if i get full payment in advance, what is the scam angle? i'm thinking i will probably rent through David's for awhile. i am a newbie to these boards and i completely understand about the trust angle - it would be hard to justify paying a premium for points to someone who is new to rentals.
 
Hello. Thinking about posting my extra points for transfer. Please let me know if there is a better thread for questions on this procedure elsewhere. Otherwise, here is what I’m wondering about:

1) mixed signals on Paypal being allowed. Looking for the transaction to be watertight / safe / non-disputable after the fact. Would the buyer / transferee pay in full in a certain specific manner w Paypal such as “friends and family” ? If instead they do “Goods and Services” who pays the fees? Can the seller be assured of relative protections from a potentially unscrupulous buyer that might contest the transaction later. (ETA: read a few old posts on this seems the renter can choose with regard to fees; I would just specify terms ahead of time)
2) presumably there is a 3 way call to MS thereafter and it’s done. Anything more in this regard?
3) seems there is a required element of trust in the buyer paying the seller before the transaction is complete. Any other tips on how to do this most smoothly? I.e., a cheap escrow type mechanism?

Thanks in advance.
 
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Hello. Thinking about posting my extra points for transfer. Please let me know if there is a better thread for questions on this procedure elsewhere. Otherwise, here is what I’m wondering about:

1) mixed signals on Paypal being allowed. Looking for the transaction to be watertight / safe / non-disputable after the fact. Would the buyer / transferee pay in full in a certain specific manner w Paypal such as “friends and family” ? If instead they do “Goods and Services” who pays the fees? Can the seller be assured of relative protections from a potentially unscrupulous buyer that might contest the transaction later. (ETA: read a few old posts on this seems the renter can choose with regard to fees; I would just specify terms ahead of time)
2) presumably there is a 3 way call to MS thereafter and it’s done. Anything more in this regard?
3) seems there is a required element of trust in the buyer paying the seller before the transaction is complete. Any other tips on how to do this most smoothly? I.e., a cheap escrow type mechanism?

Thanks in advance.

1)You could accept a personal check and then perform the transfer once your bank confirms that the check has cleared (usually within 10 days). Paypal 'Friends and Family is easy to use and has no cost to the payer but you would need to add that expense to the charge. There are online calculators to compute the total to be charged.
2)Some will make a 3-way call to MS, but that would NOT provide any payment to the Member in advance unless that had been negotiated in advance.
3) ALL rental transactions require an element of trust which needs to be resolved before any funds change hands. At least with a rental, the DVC Member retains some control if payment is not received. If a rental reservation is made within 30 days of arrival, Members should recognize that if payment is not received the points used will be affected as they will go into a 'Holding Account' if canceled.

You should review the tips offered to both renters and Members in the REQUIRED READING BEFORE POSTING - DVC Rent/Trade policies - 11/13/2018 thread pinned near the top of the DVC Rent/Trade Board.

Good luck! :)
 


I have spent several hours reviewing the various rental contracts that are out there. I found that they have some common wording and requirements but then one would have something extra and then another would have another thing past that even. I decided to sit down and essentially combine all of them while making it a bit clearer and straight forward. I've attached it here. What are your thoughts? Is there anything that is missing? This is meant to be a comprehensive rental agreement.
 

Attachments

  • DVC Rental Contract - Comprehensive.zip
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Any changes people would apply to the latest contracts? Seems like the latest revision is fairly straight forward that was posted by Erin.
 
It seems to me many of these contracts spend too much time talking about the number of points, cost per point, etc.

As a renter, I want the resort, room size, reservation dates and total cost clearly stated in the contract. Then the "what happens if" scenarios and other policies can then be addressed.

I could care less how many points the reservation is or the cost per point, I'm not a DVC owner.

The more clear this contract can be, the better for all involved. If I rent a reservation at the Beach Club, and Disney shuts down the Beach Club, it is perfectly clear the contract can't be fulfilled and there is no confusion.
 
Would you mind sharing the wording you used for your refund policy?
This is what I put:
All funds paid to MEMBER are non-refundable, regardless of reason or circumstance, and will not be applied to any future agreements between MEMBER, RENTER, and/or any other third party, unless the DVC Resort listed below has been shut down during the check-in and check-out date listed below. In which case during a shut down of the DVC Resort listed below a full refund or rebook in this event as allowed by the returned points.
 
It seems to me many of these contracts spend too much time talking about the number of points, cost per point, etc.

As a renter, I want the resort, room size, reservation dates and total cost clearly stated in the contract. Then the "what happens if" scenarios and other policies can then be addressed.

I could care less how many points the reservation is or the cost per point, I'm not a DVC owner.

The more clear this contract can be, the better for all involved. If I rent a reservation at the Beach Club, and Disney shuts down the Beach Club, it is perfectly clear the contract can't be fulfilled and there is no confusion.
What contracts are you getting as a renter that have less legal (protection) in them?
 
It seems to me many of these contracts spend too much time talking about the number of points, cost per point, etc.

As a renter, I want the resort, room size, reservation dates and total cost clearly stated in the contract. Then the "what happens if" scenarios and other policies can then be addressed.

I could care less how many points the reservation is or the cost per point, I'm not a DVC owner.

The more clear this contract can be, the better for all involved. If I rent a reservation at the Beach Club, and Disney shuts down the Beach Club, it is perfectly clear the contract can't be fulfilled and there is no confusion.

Except I am renting you points not a room.

Now you are choosing to pay for the points because of the room you can rent but what you are purchasing is the points.

This is a point missed by many I think.
 
It seems to me many of these contracts spend too much time talking about the number of points, cost per point, etc.

As a renter, I want the resort, room size, reservation dates and total cost clearly stated in the contract. Then the "what happens if" scenarios and other policies can then be addressed.

I could care less how many points the reservation is or the cost per point, I'm not a DVC owner.

The more clear this contract can be, the better for all involved. If I rent a reservation at the Beach Club, and Disney shuts down the Beach Club, it is perfectly clear the contract can't be fulfilled and there is no confusion.

It really isn’t that simple, Yes, an owner rents a reservation thst is booked for you, but it is paid for by points, which is not the same as cash....meaning, those points have limitations.

Therefore, understanding all of that IS important to the renter because that plays a role in what an owner decides as part of the terms and conditions, Some, even with a resort closed, may not offer a full refund but rather a chance to rebook at a later date, etc.

Of course, a renter may not choose to enter in such a contract either. So it is really better for all involved to have it all spelled out so there is no confusion.
 
It seems to me many of these contracts spend too much time talking about the number of points, cost per point, etc.

As a renter, I want the resort, room size, reservation dates and total cost clearly stated in the contract. Then the "what happens if" scenarios and other policies can then be addressed.

I could care less how many points the reservation is or the cost per point, I'm not a DVC owner.

The more clear this contract can be, the better for all involved. If I rent a reservation at the Beach Club, and Disney shuts down the Beach Club, it is perfectly clear the contract can't be fulfilled and there is no confusion.

There are reasons for an owner to want the points listed. Also some renters appreciate it to just so it's clear as most reservations are rented on a per point basis, not a per night or some other calculation.
 
Any changes people would apply to the latest contracts? Seems like the latest revision is fairly straight forward that was posted by Erin.

In addition to the refund clauses that others mentioned, I added a bolded line to clearly delineate the exact date when the rented points will expire. I also clearly indicate that, while I will change the reservation based on availability, the check out date must be on or before this date.
 
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