I think Im gonna be sick!!!

[CarolA]

Maybe you should have hubby deal with her??

Anyway, under the law in most states for the policy to valid it would have to be ON the contract.

Write her a letter requesting your refund and explaining that you cancelled verbally and that the "seperate piece of paper" is not referenced in the contract and therefore is not valid.

You may not get the refund, but i would bet money she is gone.

Then go to the BBB site for Orlando and post a compliaint. SOunds like someone we want to avoid doing business with!

 

[spiceycat]

BeautyBelle - I am so sorry this is happening to you!!!

I would follow the suggestions from Jannyans.

the please post the website you were looking from if www.vrbo - definited contract the website owners

this is not a good policy and should be corrected!!!

even DVC members (we have to cancel at least 31 days before arrival - or we have problems) have that bad of a policy.

 

[Kasmir]

If the cancellation policy is on a separate sheet that you did NOT sign, seems to me the problem is solved.

Relax and let it go... Enjoy your vacation and let them get their money from some other schmuck!

That's a good idea about letting DH deal with them. Sometimes a different person can make all the difference...

 

[debden]

Don't send this person more money. It sounds to me like the only money you should be losing is your initial deposit of $150. Let her have it and put it down to another of lifes unforunate experiences!
You already talked to her and told her you were cancelling.That should have been enough. It sounds like she's trying to bully you into taking something you don't want...stand firm.
Forget about it and go have a wonderful vacation at POR!!
Debbie

 

[ColoradoBelle1]

First, I would NEVER even consider letting them keep the $150.00 you already gave them.

Write a certified letter noting at the bottom that you cc: attorney's name.

Let her know:
1. You cancelled by phone within on ______________. No mention was ever made that you needed to follow up this verbal cancellation with a written letter.

2. After reviewing your contract, there is no mention of any 'withholding deposit for cancellations w/in 10 weeks' above your signature. Unsigned or uninitial addendums don't count...Plus, you never received that second sheet of paper that she so conveniently mailed you after your cancellation

3. A 10 week cancellation policy is excessive. No court would award such a large fee/long time out policy, especially with nothing in the signed contract.

4. If your deposit is not returned within 2 weeks, you will be filing a protest with the BBB, the rental site you made the ressie through, AND in small claims court for return of your deposit, interest and court fees.

What a ripoff!!!!! In most states regulated for rental (I know most rentals must be licensed in Florida), the only way you can legally keep a deposit is if the hotel was sold out that night...thus keeping your room available when they could OTHERWISE have rented it cost them money. A 10 week cancellation clause is absurd....even if it WAS signed by you. And since you remember CLEARLY that you were given just a one page contract (or however many pages came before your sig)...this woman is attempting fraud by sending you some 'add on' crapola anyway.

So let her know that you will not be intimidated, firmly, but yet as if you expected that she would realize her oversight and be glad to refund the money...Expect her to do the right thing in a nice way;yet let her know that if she doens't comply with the law that you will have to take forceful measures to secure the return of your deposit.

Let us know how it turns out!

 

[poody1]

Tell her to go take a jump she is just trying to scam you get your hubby to phone her and sort her out

 

[beautybelle]

I called her again today and told her about the 2 sheets she sent me and she STILL insists that she's going ot sue me. I will NEVER as long as I live do this again.

 

[off to neverland]

She is not going to sue you over less than a thousand dollars, trust me. And even if she did, it wouldn't stand up in court.

I would stop talking to her as of this point, and either let it go, or send her a certified letter stating you want the deposit back.

Do not engage in any more verbal exchanges. You might even consider blocking her phone number. She is not allowed to harrass you.

Good luck.

 

[JANNYANS]

I am so sorry this owner is treating you like this .Send her a letter saying she can keep the deposit -if you feel like it -as that is usually non returnable -but that you will not enter into any more correspondence except through official channels .Tell her she should have sent you a copy of the signed terms and conditions on receipt of your depsoit or have told you to make a copy and that you will see them in court .IF -and it's a big if - it gets to court -I don't think a judge will accept an unsigned piece of paper that could have be written at any time as evidence.I hope you can put this to the back of your mind and concentrate on your vacation -don't let her get you down.

 

[gjw007]

Sorry to hear about the situation. First, I'm not a lawyer but I find it hard for this contract to be enforced. You are owed a refund of $150, not an additional payment. Is this in- or out-of-state? If in-state, you may wish to talk to the state's attorney's office. Possibly for out-of-state as well. For out-of-state, this may be a violation of various federal commerce regulations. You may wish to look at filing in small claims court. The cost of going to court is small and the other person has the expense of going to where you are. Contacts with various stipulations normally have you initial at various spots to make sure that you were aware of that item. A contact can be on multiple pages as long as the "bundle" is known to be the contract. I don't believe that this is an enforcable contract and that you are owed a refund.

I spent almost 10 years working in the hospitality industry, this is outrageous. Rather than rely on advise here, talk to an attorney. The first consulting visit should be free; they can at least give you an idea of what the legalities are rather than hearsay.

 

[poody1]

Don,t Let Her Bully Or Worry You Anymore Seek Legal Advice

 

[MiaSRN62]

Beautybelle,
I can't offer much more in the way of advice as you have received excellent information here. I really feel for you.
Immediately send a certified letter to this person and explain your side. GJW007 mentioned contacting the attorney general. I highly recommend it.
In '99 I had a situation with a hotel. My local supermarket was doing a promo. If you spent "X" amount of dollars you could purchase a certificate for 3 nights at a choice of 3 hotels. One was the Holiday Inn Maingate West. I spent the, I believe, $200 at my grocery store and then proceeded to pay $99 for what was advertised in the grocery store, 3 nights at the Holiday Inn Maingate West. We get there late (maybe 8:30 pm), check-in, and they proceed to tell us we need to pick up "a voucher" at the Summer Bay Resort down the street ? They told us we had until we left to bring them this so-called voucher ? We end up going around dinner time the next day and the "person who handles the vouchers" is not there. I ask at the front desk of Summer Bay what exactly this voucher is. It is here, at the end of the 2nd day, that I find out they are requiring a timeshare sales presentation that we must attend in order to get the Holiday Inn for the $99/3 nights ! I refuse to do the tour. I explain nowhere in my paperwork is it mentioned and pull it out. They told us we "should have" been explained this when we called and made the ressie on the phone. We were NOT. I demand this voucher and they refuse.
Holiday Inn ends up charging full rack rate of $110/night and $330 + additional tax is charged to my credit card (this is in addition to the $99 I've already paid !). They tell us their hands are tied. We go home steamin'......the Holiday Inn def wasn't worth $110/night plus the $99. Anyway, I contact the FL Attorney General's office in Tallahassee. I had a full refund within 3-4 weeks. I never had to deal with the rude staff at Summer Bay, thankfully. I ended up eventually putting in a full complaint to my grocery store as well. I never saw a trace of that promotion since at my store.
Anyway, call the Att Gen office and they will get working on it. They can let you know if any other complaints have been lodged against this so-called person. http://myfloridalegal.com/
Good luck & hang in there....please keep us posted. I'm rooting for you

 

[murcor]

I think the original poster is renting a unit from a private individual not a business or resort. A private deal. Perhaps the individuals timeshare or similar.

There has to be trust on each side for this to work. Usually, there is a non-refundable deposit, the amount and terms set by the "individual" that is renting out the unit. These were the renter terms

I know when it comes down to it the "contract" that was signed would probably not hold up in court. For not having something prepared legally, its almost useless. But the "rentee" did sign it ( at least one page anyways) basically on the honesty system, in good faith...I agree to rent from you xxxx

Its a hard call to make. Same as selling or renting anything, the seller or renter has set out their terms for the purchaser to abide by if they want the goods.

Personally, I think the deposit should be forfeited but the remaining monies should not exchange hands.

Just my opinion

Angela

 

[jcanary]

This is another avenue to pursue. Many timeshare owners are NOT suppose to rent out for a profit, actually they are not suppose to get any money. this would really make her avoid going to court. I really hope you let us all know who you are dealing with. this is really uncalled for. I would really contact the attorney general asap and put it in his hands. Good luck. Do you have a confirmation number? Try calling the resort and see if the reservation has been cancelled, then you have even more ammunition on your side.

 

[martina857]

This is interesting. I am not sure if I missed anything but where does she come from ? Is she overseas ? Or in the States ?

I think you need to look at this from a different perspective... She actually owes you $150 Send a letter or email stating that unless she pays you then you will immediatly report her to the Better Business Bureau and do it.

Next check out to see if she has a licence to rent, you can do this online where you verify the address and owner at the tax collectors site for the county. If you want to PM me her details I will do it for you. I always check out the owners of the homes I rent on there.

Then if she still insists she is going to sue say "see you in court" because if you have told us all the facts then she does not have a case ) So she will not sue.

Really... You do need to relax about this, you have a lot of support here and I suspect a few legal brains, so chill out enjoy your vacation and put this charlatan to the back of your mind, she is trying it on !!

M

 

[beautybelle]

I have an appt to talk to a lawyer this Friday, Im going to take the papers and see what she says about it. Wish me luck.

 

[MiaSRN62]

Im going to take the papers and see what she says about it. Wish me luck.

MUCH luck to you !
I'm very curious to see what the lawyer has to say. I cannot imagine this renter can get away with this harrassment. I honestly don't even think you should lose the deposit because it is 2 1/2 months away ? That's plenty of time to rent out the unit.

 

[HappyLawyer]

First, I would NEVER even consider letting them keep the $150.00 you already gave them.

Write a certified letter noting at the bottom that you cc: attorney's name.

Let her know:
1. You cancelled by phone within on ______________. No mention was ever made that you needed to follow up this verbal cancellation with a written letter.

2. After reviewing your contract, there is no mention of any 'withholding deposit for cancellations w/in 10 weeks' above your signature. Unsigned or uninitial addendums don't count...Plus, you never received that second sheet of paper that she so conveniently mailed you after your cancellation

3. A 10 week cancellation policy is excessive. No court would award such a large fee/long time out policy, especially with nothing in the signed contract.

4. If your deposit is not returned within 2 weeks, you will be filing a protest with the BBB, the rental site you made the ressie through, AND in small claims court for return of your deposit, interest and court fees.

What a ripoff!!!!! In most states regulated for rental (I know most rentals must be licensed in Florida), the only way you can legally keep a deposit is if the hotel was sold out that night...thus keeping your room available when they could OTHERWISE have rented it cost them money. A 10 week cancellation clause is absurd....even if it WAS signed by you. And since you remember CLEARLY that you were given just a one page contract (or however many pages came before your sig)...this woman is attempting fraud by sending you some 'add on' crapola anyway.

So let her know that you will not be intimidated, firmly, but yet as if you expected that she would realize her oversight and be glad to refund the money...Expect her to do the right thing in a nice way;yet let her know that if she doens't comply with the law that you will have to take forceful measures to secure the return of your deposit.

Let us know how it turns out!

this is true not to mention if you called her and cancelled you have your phone records, a judge will find it hard to believe you just called to say hello, you have some type of proof you did phone i hate to see people bullied by others

 

[amylucinda]

I just reread my 'private-owner' rental agreement. As I recall, it was very similar to all the private villa booking terms I saw. Of course, this text is ON the page I signed...NOT a separate page!

"Any cancellation by the Guest must be notified in writing directly to Owners. If Owners receives the notification of cancellation more 8 weeks before the rental period, all monies will be returned. If less than 8 weeks the deposit will be retained and the following cancellation charges will apply:

4-8 weeks prior - 50% of Rental Charge
Up to 4 weeks prior - 100% of Rental Charge

All cancellations must be made in writing. If Owner is able to rebook the property for the determined dates, Guest will be credited full Rental Charges. Owner suggests Guest obtain Travel insurance to minimize impact due to uncontrollable events etc. "

 

[gjw007]

I just reread my 'private-owner' rental agreement. As I recall, it was very similar to all the private villa booking terms I saw. Of course, this text is ON the page I signed...NOT a separate page!

"Any cancellation by the Guest must be notified in writing directly to Owners. If Owners receives the notification of cancellation more 8 weeks before the rental period, all monies will be returned. If less than 8 weeks the deposit will be retained and the following cancellation charges will apply:

4-8 weeks prior - 50% of Rental Charge
Up to 4 weeks prior - 100% of Rental Charge

All cancellations must be made in writing. If Owner is able to rebook the property for the determined dates, Guest will be credited full Rental Charges. Owner suggests Guest obtain Travel insurance to minimize impact due to uncontrollable events etc. "

This at least makes sense as there is an obligation if the owner was not able to rent. If the person had approached this with the notification that they still owe the rental agreement amount or the difference between what the owner received versus what the owner should have received, it would have made sense. It also appears that the renter in this case had contacted the owner in this case before the 10 week stipulation at which point the owner should have been reminded that she needs to put the request for cancelation in writing. If this goes to court, the renter probably should bring in a copy of the telephone bill to show when she did call. It at least brings up the topic as a reasonable point of contention and discussion. I find it hard to believe that the owner would win given the information presented in this forum. The biggest factor was the cancelation policy was on a separate, unsigned paper. It doesn't sound enforcable.