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Resort cancellations due to hurricane damage (by KC):

frankp95 wrote:

I have rented my timeshare through Redweek using the Redweek Rental Agreement. The resort has now cancelled the renters week due to hurricane Irma. Am I legally required to refund the money to the renter, or is the renter out of luck? The renter did not purchase travel insurance.

This topic has been recently discussed on Timeshare Users Group. You may actually be the owner in the issue raised there (by the shut out tenant). The "shut out" tenant's name is Deb and the intended rental was apparently at Marriott Frenchman's Cove, if that rings a bell.

It seems that the (3 page, fill in the blanks) "do it yourself" rental agreement that RedWeek offers is completely silent on the issue of resort closures or other "unforeseen / uncontrollable circumstances") that prevent the owner from delivering the "product" identified in the contract. The majority view in those TUG discussions is clearly that since this particular "fill in the blanks" rental agreement fails completely to address the issue AT ALL, then if the owner is unable to fulfill the contract as written and cannot deliver the contracted "product", then the owner plainly owes the "shut out" tenant a 100% refund. Failure to refund 100% could (and likely would) result in a successful legal action against the owner by the "shut out" tenant for clear and obvious breach of contract. Court costs could even be ADDED to the refund amount due. I am strongly inclined to agree with those views, in the obvious and unfortunate absence ANY cancellation language or provisions within the (weak and inadequate) rental contract reportedly used for that transaction.

Ironically, the rental contract used in a RedWeek "full service" rental is reportedly crystal clear and very specific in addressing that same topic, leaving nothing to guesswork or subjective interpretation. Why the exact same language does not appear in BOTH RedWeek versions of a rental contract escapes my comprehension. That unfortunate disparity is something that only RedWeek can speak to directly and explain for themselves.

I am not your attorney nor am I offering legal advice, but I nonetheless respectfully submit that you ARE going to have to provide a 100% refund (several thousand dollars, apparently) to the "shut out" would-be tenant --- either voluntarily of your own free will or by court order.