davidvel
TUG Member
- Joined
- May 9, 2008
- Messages
- 8,472
- Reaction score
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- Location
- No. Cty. San Diego
- Resorts Owned
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Marriott Shadow Ridge (Villages)
Carlsbad Inn
It seems we are over-complicating the issue of a need for separate inventory or not. I don't see it being any different than it is now. II allows split weeks, etc. In a sense they have a "separate inventory" pool of weeks, which they then supply in accordance with their rules.
The new points system will simply be an amalgam of "owner's" weeks that have "deposited" their week into the points system. The "owner" will either be legacy owners in the points program or the Marriott points trust. Once the "week" gets into the points program, Marriott supplies them in accordance with the points program rules, no different than II (or Redweek, or rci...).
What people have asked multiple times (and a rational fear) is whether Marriott can allow either legacy owners in the points program, or the Marriott trust, to reserve with any advantage over those not in the points program. The answer to this from a legal prospective is NO.
Whatever form of overlay they employ, they cannot alter your current right to reserve your week, in your season, on the same basis of ANY OTHER DEED HOLDER in your season (this includes the Marriott trust or legacy owner in the points program.) They cannot use their internal computers to reserve to your disadvantage, etc..
The interesting part will be if Marriott contends that the Points Trust owns multiple weeks and is a separate entity from MVCI/"the declarant", thereby giving all those weeks the 13 month advantage. If so, lawsuits will definitely follow.
The only way that I can see them legally employing the system if they reserve in an automated system is to allow non-points users some prior of time to reserve their week (ie. 5 business days), then reserve any weeks for the deeds they hold.
But, this would not leave a lot of great weeks for their program. This would lead to their argument that they can automatically reserve a proportionate amount of available weeks based upon the deeds in the points program. While it seems fair and equitable, my opinion is that it would be a violation of the covenants. Quite a catch-22.
The new points system will simply be an amalgam of "owner's" weeks that have "deposited" their week into the points system. The "owner" will either be legacy owners in the points program or the Marriott points trust. Once the "week" gets into the points program, Marriott supplies them in accordance with the points program rules, no different than II (or Redweek, or rci...).
What people have asked multiple times (and a rational fear) is whether Marriott can allow either legacy owners in the points program, or the Marriott trust, to reserve with any advantage over those not in the points program. The answer to this from a legal prospective is NO.
Whatever form of overlay they employ, they cannot alter your current right to reserve your week, in your season, on the same basis of ANY OTHER DEED HOLDER in your season (this includes the Marriott trust or legacy owner in the points program.) They cannot use their internal computers to reserve to your disadvantage, etc..
The interesting part will be if Marriott contends that the Points Trust owns multiple weeks and is a separate entity from MVCI/"the declarant", thereby giving all those weeks the 13 month advantage. If so, lawsuits will definitely follow.
The only way that I can see them legally employing the system if they reserve in an automated system is to allow non-points users some prior of time to reserve their week (ie. 5 business days), then reserve any weeks for the deeds they hold.
But, this would not leave a lot of great weeks for their program. This would lead to their argument that they can automatically reserve a proportionate amount of available weeks based upon the deeds in the points program. While it seems fair and equitable, my opinion is that it would be a violation of the covenants. Quite a catch-22.
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