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Old Yesterday, 09:30 PM   #261
frank808
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Join Date: Sep 2009
Location: Aulani Hawaii
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Originally Posted by cmrdgrs View Post
My thought on this is that although the resort is open, the renter can't travel due to quarantines in place, and airlines restricting travel due to Covid-19.

To Use Hawaii as an Example: It's all well and good the resort might be open (like the Marriot KoOlina), but if the renter can't get on a plane and get there from their origination point that really doesn't do the renter very much good that the resort is open.

AND to boot even if the renter gets to Hawaii the Governor of Hawaii has a mandatory 14-day quarantine for any residents or visitors who return/come to Hawaii. That doesn't do the renter very much good if they only have a 7 day stay at the rental The renter should not have to pay to fly to a different state to be quarantined when they can just stay home to and be quarantined
Is not wanting to travel the fault of the owner that provided the unit? Is it owners responsibility to provide transportation to the unit?

While I sympathize that the renter will be under a 14 day quarantine, how is it owners fault? It is the government enacting a quarantine and not owner. Owner has provided the accommodations for the renter to use during the time that is rented. If renter does not want to stay in quarantine or travel on plane, that is what CFAR travel insurance is for.

Great discussion here as we all have pretty much nothing to do while under stay at home order. Again, thanks for the food as we have just eaten the last of it except for the cheese and some chicken.
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Old Today, 12:08 AM   #262
mditkof
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Originally Posted by cmrdgrs View Post
Can you provide an article or names involved? I'm not a lawyer, but I love this type of stuff and I'm always interested reading why courts make the decisions they make.
I suspect that the doctrine of Failure of Essential Purpose may come into play which would likely favor the renter over the owner, but every state has different rules.

Marty
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Old Today, 08:14 AM   #263
cmrdgrs
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Quote:
Originally Posted by frank808 View Post
Is not wanting to travel the fault of the owner that provided the unit? Is it owners responsibility to provide transportation to the unit?

While I sympathize that the renter will be under a 14 day quarantine, how is it owners fault? It is the government enacting a quarantine and not owner. Owner has provided the accommodations for the renter to use during the time that is rented. If renter does not want to stay in quarantine or travel on plane, that is what CFAR travel insurance is for.

Great discussion here as we all have pretty much nothing to do while under stay at home order. Again, thanks for the food as we have just eaten the last of it except for the cheese and some chicken.
I don't think this is necessarily a case of a renter not wanting to travel, so much as they can't travel. Under "normal times" if the renter just did not want to travel, obviously, no RedWeek would not side with the renter. Covid-19 has created an unprecedented global problem disrupting the entire travel industry. IMO, this all goes back to "reasonable expectation" that probably isn't addressed in the contract. In order for the renter to fulfill their end of the contract and use the unit, they would have to have the reasonable expectation that they can travel freely to use the unit. Due to issues outside of the renters control, they can't travel freely.

As I said, I'm not a lawyer, but I think a court would side with the renter. RedWeek obviously feels the same. But, if owners in this position do get together and sue it would be interesting to see what happens in court.
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Old Today, 08:17 AM   #264
cmrdgrs
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Originally Posted by mditkof View Post
I suspect that the doctrine of Failure of Essential Purpose may come into play which would likely favor the renter over the owner, but every state has different rules.

Marty
I haven't heard that term before [failure of essential]. Care to expend on this with a further explanation/example?
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