BookDVC.com Point Rental Agreement* This Point Rental Agreement (the "Agreement") is made by and between the individual(s) named at the beginning of this DVC Owner Rental Form ("DVC Owner(s)") and BookDVC.Com
The DVC Owner(s) is contracting with BookDVC.Com for the purpose of making Disney Vacation Club reservations for guests referred by BookDVC.Com ("Renter(s)") using the DVC Owner(s)' points, in exchange for an agreed upon price per point.
The DVC Owner(s) is familiar with the rules, procedures, operations and terminology utilized by the Disney Vacation Club, and does not rely on BookDVC.Com to provide any guidance or opinion regarding such procedures, operations and terminology of the Disney Vacation Club.
BookDVC.Com shall only be responsible for:
a) Matching the DVC Owner(s) with a Renter whose requested reservation fits the DVC Owner(s)' home resort, use year and available points;
b) Contacting the DVC Owner(s) to provide reservation details, including the Renter's name and guest information, resort, room type, and check-in and check-out dates;
c) Confirming that the DVC Owner(s) has completed the reservation within the time provided, as determined in the sole discretion of BookDVC.Com;
d) Collecting funds from the Renter for the reservation made by the DVC Owner(s);
e) Creating and circulating a rental agreement between the Renter and BookDVC.Com;
f) Paying the DVC Owner(s) for the reservation, at the agreed price per point, with 70% of the payment due within 48 hours after the Disney Vacation Club confirmation number is provided to BookDVC.Com, and the remaining 30% due on the day the Renter checks in;
g) Ensuring that the reservation is properly documented and confirmed by all parties.
BookDVC.Com will not be responsible for any unused Disney Vacation Club points, or points that expire before they are used for a reservation. BookDVC.Com does not guarantee that a rental request matching the DVC Owner(s)' points will be received.
The DVC Owner(s) shall:
a) Accurately provide BookDVC.Com with full details on how many points are available to rent;
b) Accurately advise BookDVC.Com as to which Home Resort the DVC Owner(s)' points belong;
c) Accurately advise BookDVC.Com which Use Year the DVC Owner(s)' points belong to;
d) Accurately advise BookDVC.Com whether any points have been banked, borrowed, or placed in a holding account, and confirm that the points are eligible to be used for the requested reservation under Disney Vacation Club rules;
e) Make the reservation within one (1) hour of accepting a rental request from BookDVC.Com, and promptly provide the Disney Vacation Club confirmation number to BookDVC.Com;
f) Add the Renter and guests to the reservation exactly as provided by BookDVC.Com, and make no changes to the guest names, dates, resort or room type without the express written consent of BookDVC.Com;
g) Keep annual Disney Vacation Club assessments and mortgages current and paid at all times;
h) Keep the DVC Owner(s)' membership in the Disney Vacation Club current and active so as not to jeopardize the reservation;
i) Retain every reservation made under this Agreement through the Renter's check-out date and, if requested by BookDVC.Com, substitute a replacement Renter on the reservation. The DVC Owner(s) will be paid $50 for each substitution made because a Renter cancelled;
j) Maintain an active PayPal account with which to receive payment;
k) Refer all Renter questions regarding pricing, payment, changes and cancellations to BookDVC.Com; and
l) Participate in any telephone call or other correspondence with Disney Vacation Club Member Services required to complete or maintain the reservation, at such times as reasonably requested by BookDVC.Com.
Payment if a Renter cancels:
The DVC Owner(s) will be paid in full for a confirmed reservation even if the Renter cancels, provided the DVC Owner(s) retains the reservation and cooperates with any substitution requested by BookDVC.Com. This does not apply if the reservation is cancelled by Disney Vacation Club or if the DVC Owner(s) is in breach of this Agreement.
The DVC Owner(s) further represents and warrants:
a) No Disney Vacation Club membership used for a reservation under this Agreement will be sold, transferred or listed for sale while that reservation is pending, unless the reservation will be honored through check-out;
b) All Disney Vacation Club annual assessments, taxes, and mortgages are and will remain current;
c) The DVC Owner(s)' membership in the Disney Vacation Club is, and will remain, in good standing;
d) The DVC Owner(s) will not cause or allow any pending or confirmed reservation to be cancelled, modified or reversed without the express written consent of BookDVC.Com;
e) In the event a reservation cannot be honored due to hurricane, pandemic, epidemic, terrorist attack, resort closure, or any other unforeseen event beyond the control of the DVC Owner(s), the DVC Owner(s) will refund 100% of the funds received to date for that reservation back to BookDVC.Com, unless a replacement reservation acceptable to BookDVC.Com and the Renter is made.
LIABILITY FOR BREACH
The DVC Owner(s) shall be liable to BookDVC.Com and any affected Renter for any violation or breach of this Agreement. The DVC Owner(s) shall recompense BookDVC.Com for any and all damages and expenses including, but not exclusively, direct, consequential, incidental, actual and/or compensatory damages, related to a failed, cancelled or modified reservation caused by the failure of the DVC Owner(s) to honor all terms of this Agreement. For the avoidance of doubt, the DVC Owner(s) shall be liable for collections costs and attorneys fees incurred by BookDVC.Com in enforcing the provisions of this Agreement.
Choice of Law
All actions brought pursuant to this Agreement shall be subject to the laws of the State of Florida.
Waiver of Personal Jurisdiction
The DVC Owner(s) waives any potential objection or defense on the grounds of lack of personal jurisdiction, and consents to jurisdiction being proper in any court (state or federal) located in the State of Florida.