ComplaintsforDavid's Vacation Club Rentals

• Initial Complaint

  06/12/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  David's Vacation Club Rentals needs to understand, normally there is more than one owner of Disney Properties. Therefore, my husband who was sick at the time with cancer, contacted David's to sell our Disney points. Since then my husband has passed and I contacted David's Vacation Club Rentals, in September 21,22, to better understand how this process works. I spoke with ****** from David's took the time to explain partial money is received and when Disney points are booked and the remaining payment is when they check into there vacation. I was told $18.00 a point, when I received the remaining payment it was short, spoke with ****** ****** (Team Leader), she stated that ****** miss spoke and gave me the wrong amount. I did let her know my husband had brain cancer, they should not book without all owners approval. Therefore, I am still missing $620.00, that I told from their representative and ****** did hear the call, since all calls are recorded.

  

  Business response

  13/12/2022

  I understand your frustration given the stressful circumstances your family is facing. When your husband, ****** ********, contacted us to list his points, he reviewed and agreed to all of the terms and conditions of the Intermediary Agreement for these points, including the $16 per point to be paid out upon their rental on August 22, 2022. Per our website, because the reservations he secured were set to check-in less than 7 months from the date of rental (secured on September 12, 2022 and check-in date was November 28, 2022), $16 per point is the most compensation offered for these points. A reservation was secured by your husband on September 12, 2022 and was paid per our payment terms the first 70% of the funds owed on the points used on the same day. Because he had remaining points left to still rent out, we updated our system to show that those unused points could be rented out at $18 per point, should they be used for a reservation made 7-11 months prior to check-in. Unfortunately, due to his passing, we never were able to complete a reservation with those points at that updated rate, and his unused points were removed from the system. When you spoke to ****** (Vacation Coordinator) on September 21, 2022 after your husband passed, ****** referenced our system with this updated information, and erroneously assumed it applied to the reservation that had already been secured within 7 months at $16 per point. When you spoke to ****** (Team Leader), she was able to see where the oversight in ******** call came from, and successfully corrected this information with you. The guest for the reservation in question had already checked-in on November 28, 2022, and the final 30% payment owed to your husband had already been paid out at $16 per point, per the terms and conditions of our Intermediary Agreement that he had accepted. While ****** made a mistake over the phone, we have explained to you verbally as well as in writing (per the intermediary agreement) why there are not any additional funds owed to you. The reservation was made for $16 per point, and was paid out to your husband in full at the agreed upon rate of $16 per point. No other points were rented out, and none of those that were rented qualified for any increase in funds. 

  

  Business response

  20/12/2022

  We have acknowledged that there was an error in information provided over the phone due to our representative understanding the information incorrectly. This however, does not negate the legally binding contract that your husband signed and agreed to on August 22, 2022. The contract states that the points will be listed for rental at the compensation rate of $16 per point for any reservation made within 7 months of check-in. A reservation was made on September 12, 2022 for check-in on November 28, 2022 (less than 7 months in between the two dates) and your husband was paid out at the agreed upon rate of $16 per point for the 310 points rented, per our payment terms. The first 70% ($3472.00 USD) was sent on September 12, 2022 when the reservation was made. The remaining 30% owed ($1488.00 USD) was paid upon the guest's check-in on November 28, 2022. At this time, we have met our contractual obligations and no further funds are owed to you.

  Customer response

  04/01/2023

  
  Complaint: ********
  
  I am rejecting this response because: Their representative gave incorrect information that was requested, we should meet in the middle as for the funds.
  
  Sincerely,
  
  ********* ********

• Initial Complaint

  03/01/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  David's Vacation Club Rentals takes money from customers, then arbitrarily cancels reservation requests. They hide behind their policy of "no refunds for any reason", but that does not protect them when they enter into a contract in bad faith. They have taken $5000 from me and for years I've tried to make a booking happen. COVID happened and they have been hiding behind that for over a year. I try to make a booking, and they arbitrarily cancel it, negating the agreement that we made in the first place. I am seeking a refund, and I am seeking to warn others about their deceptive business practices.

  

  Business response

  18/01/2022

  Business Response /* (1000, 5, 2022/01/06) */ I completely understand your frustration in your ability to utilize your Travel Credit. We did not have a DVC Owner that had the correct number of points to secure your stay. We also have not received your communications with instruction allowing us to keep your reservation request on file until a DVC Owner joins with the correct number of points. This is an incredibly frustrating experience and our service was designed to make it easier. However, due to COVID and the closures of resorts DVC Owners have begun utilizing their points to secure their own stays and there has also been a large demand of guests looking to get back to Disney Land to enjoy their Holidays. With this combination it has left minimal points for the Grand Californian and a continuing demand with limited availability. There are less than 21 rooms at the Grand Californian with thousands of DVC Owners that have access. We strive to be as transparent as possible with our process and policy and we have been in clear communication with you since you first utilized our service in 2019. Availability and the number of points that we have in our queue are out of our control. However, going forward I will give you the direct contact of my Team Leader ********* ****** in order to maintain quick and efficient communications so that delays in emails do not prevent us from assisting you in the process. You can always contact our office direct by telephone should you have pressing questions or instructions toll free ************ or by Live Chat. Consumer Response /* (3000, 7, 2022/01/12) */ (The consumer indicated he/she DID NOT accept the response from the business.) Your response reads like a canned response, which is very telling, and misrepresents my complaint against your business as well as your own actions and intentions. If a true attempt is not made to fulfill a contract, then it can actually nullify or call-to-action certain clauses of the contract. Of course DVCR's current Rental Agreement has been updated to hold DVCR blameless in this situation (including any and all situations where DVCR is unable to secure a booking for which one has paid). This, by its very nature is a stunning and an incredibly compelling reason for any sane person to avoid entering into any type of rental agreement with DVCR now and in the future. However, when I entered into a contract with DVCR, the Rental Agreement was different. There was no stipulation or clause that granted universal amnesty to "The Intermediary" and the right for DVCR to keep the Renter's money in any and all circumstances. The relevant part of the contract that I entered into reads: "The Intermediary has received from Renter a NON REFUNDABLE payment of $4750.00 US Dollars in return for a confirmed reservation, using Member's ****** Vacation Club points, at The Villas at ******'s Grand Californian Hotel & Spa in a Two Bedroom to arrive on xxx, xx, xxxx and depart on xxx xx, xxxx with a confirmation number of xxxxxxxxx." The point is question is what was given and what was returned. To paraphrase, I, in good faith, agreed to give DVCR a non-refundable payment *in return for* a confirmed reservation at the Grand Californian in a specific room on specfic dates. I lived up to my part of the contract, and no matter who or what is to blame, DVCR was unable to fulfill their end of the contract. At first I agreed to work with DVCR using a credit. I was acting in good faith, trying time and again to be reasonable and work around situations that are outside of both parties control. It is obvious painfully obvious that DVCR has been acting in bad faith taking advantage of the global pandemic. I have tried multiple times to book using this mysterious credit and have had multiple booking requests summarily and almost immediately cancelled. The heart of the matter is that DVCR took $4750 of my money, and I have received nothing in return. DVCR has my money, and I have received nothing in return no matter my willingness to make concessions until now. DVCR has been unable, through credits, or any other device, been able to uphold their end of the contract, no matter how willing I was before this point to cooperate fully and attempt to help DVCR meet that end. So why not just refund my money? If a true attempt is not made to fulfill a contract, then it can actually nullify or call-to-action certain clauses of the contract. This is a classic example of DVCR failing to act in good faith to uphold their end of a contract. You have $4750 of my money, please give it back. Business Response /* (4000, 10, 2022/01/13) */ As you know, a situation of this nature has never arisen in the history of our business. As such, our management team has worked to devise a solution with the Guest Travel Credit system, as well as the Terms & Conditions of its use. This Travel Credit system goes above and beyond the Travel Industry Council of Ontario's guidelines published in 2020 at the beginning of the pandemic. At the end of the day, what we face is, Members are not returning the funds and are unable to re-rent their points due to expiration and guests that we can't simply close the door on. In order to maintain consistency and fairness to all guests impacted by the COVID closures, David's Vacation Club has made the decision to offer full credit to our guests, on terms and conditions which we believe are fair in the circumstances. We have been in communication with you and have provided additional options for your situation that include splitting the reservation between two different DVC Owners as well as an extension of the expiration date of your travel credit. The update in our agreement reflects the current state of the world. We had never seen a pandemic prior to 2020 and our Rental Agreement reflected a Final Sale/NO Refunds policy. However, an unseen, unpredictable, and unprecedented pandemic hit in 2020 and we reassessed our policy to include providing travel credits should another pandemic result in the closure of DVC Resorts. You received your travel credit when we did not have this policy in place.

• Initial Complaint

  26/07/2021

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  We made a ****** booking through the company and unfortunately due to declining health of my sister in law we are no longer able to travel. We found someone to take over the reservation for us at the same price we paid and they were no willing to be flexible or work with us.

  

  Business response

  10/08/2021

  Business Response /* (1000, 5, 2021/07/30) */ In response to your complaint, I want to note that we are more than willing to help our guests when we are contacted. As you had a prior reservation canceled due to the early stages of the Pandemic, our company issued you a Travel Credit for the total amount of your travel. The Travel Credit is valid for 36. To accept the Travel Credit, David's Vacation Club Rentals presented you with terms and conditions that needed agreement by you to obtain the Travel Credit code. The Terms and Conditions that specifically pertain to your complaint are as follows: 1. Any Reservation booked using the Credit is FINAL SALE - NO EXCEPTIONS. This includes, but is not limited to, date modification, resale, and changes to the Guest names used for the original booking. 2.Credit is available for use up to 36 months after the date of issue. Credit must be used within 36 months. You agreed to these Terms and Conditions and redeemed your Travel Credit for a reservation beginning November 2021. As COVID has been highly impactful, we strongly recommend that you purchase Travel Insurance, as we know the unknown and unplanned can happen at any time. Regrettably, we can not modify or change the names on the reservation as you have redeemed your Travel Credit. As thousands of guests have been impacted by COVID and issued Travel Credits, we must remain consistent and uphold the Terms and Conditions of these Travel Credits.

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