What would you do?

aspeck

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Need some advice, and am I being unreasonable. My wife and I own a couple of timeshares which we exchange through a travel and exchange company. We used this exchange company to trade our accommodation for a week in Gatlinburg, TN. This exchange cost us $229 and we gave this vacation to friends who are short on funds and he has overcome cancer and was in need of a getaway. Then the fire in Gatlinburg happened and almost 1/2 of the resort we booked burnt down. We never heard anything from the resort of the exchange company, so we thought somehow all was going to work out, till this morning when we checked our account history and saw the reservation had been canceled.

There were several phone calls today and they claimed they emailed us the cancellation 10 days ago. We never received it. To top it off, they said since we did not purchase the travel insurance, we were out EVERYTHING, our week, our $229, everything. My contention is that we did not purchase the insurance, but we did not cancel either. THEIR insurance needs to cover this. We are sorry for the fire and for what happened, but we should get our week back, and our reservation fee of $229. I went up the chain of command and they said this was not an exception that they could reimburse. Am I correct, or am I being unreasonable? How would you proceed from here? Just curious.
 

dingbat

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There is a 99.9% chance that you agreed to said terms as a condition of your reservation.
 

Scott Danforth

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I would be contacting a contract law lawyer
 

wrvond

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I'd be willing to bet the contract gives them the right to cancel without having to reimburse you due to events beyond their control.
 

southkogs

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Did you talk to the resort directly? I'm wondering why they wouldn't work some sort of compromise. Gatlinburg can't afford to lose tourists right now, and more than ever they should be laying out a pretty plush red carpet.
 

RGrew176

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I also own a timeshare. In fact as soon as I get off work this morning I am on my way to Missouri for a Christmas vacation/break. I am affiliated with RCI and from what they tell me when I make a reservation the insurance is for if and when I might cancel. They never said it was for if something happened to the resort you are planning to visit. I may need to do some further checking. I don't get the insurance because I would only cancel if I were disabled or dead, then someone else would have to cancel and what would I care at that time.

I am curious as to which resort. I stayed at Treetops in 2009 and from what I have read they were a total loss, burned to the ground. Its not your fault and in fair world you should get your fees refunded.
 

tpenfield

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A Lawyer is going to cost more than the $229 at stake . . . I assume the resort is not able to deliver the timeshare stay that you contracted for. It would be reasonable that they offer a replacement week at another suitable resort since they cannot deliver on what you had contracted for ?

Otherwise, they are taking a fee for no services rendered . . . Sort of thing

JMO on this, but probably more can be found in the fine print of the timeshare club agreement and booking agreements as they may apply.
 

aspeck

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RGrew, sent you a more detailed PM. Will not throw out names on the open forum for no reason. There is still hope that the companies will not be jerks about this and be fair, as I want to be fair (that is why I asked the questions).
 

dingbat

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Fire is force majeure which relieves them on any contractual obligations to refund or return the deposit...

15. Unavailability or Problems with a Confirmed Exchange.

A. After a Confirmed Exchange is issued, if RCI cancels such Confirmed Exchange for reasons within RCI?s reasonable control, then RCI will make commercially reasonable efforts to locate an equivalent alternative accommodation from RCI?s inventory located within the same geographic vicinity or a similar location. RCI shall have no additional liability whatsoever to the Member or guest once it makes such commercially reasonable efforts.

B. If RCI is prevented, hindered or delayed in the performance of any obligation to a Member (including, but not limited to, providing lodging or other accommodations) due to an Event of Force Majeure, then RCI shall be excused from further performance upon notice to the affected Member stating the reason for such nonperformance, without obligation to refund or return the Deposit used for the Confirmed Exchange or any amounts that were paid by the affected Member before such notice.
 
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redneck joe

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That explaines the new early morning lawyer ads on tv stating they can get you out of a timeshare. ...
 

wrvond

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Fire is force majeure which relieves them on any contractual obligations to refund or return the deposit...

So now the question is, did they, or did they not, provide notice?
What qualifies as notice? Method of notice and time constraints are often spelled out in the contract. If not spelled out then the Reasonable Person standard should apply.
 

aspeck

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My exchange company is not RCI ... their wording is slightly different, and not a customer oriented as RCI's. Of course it is buried on their website and I never saw it till now, but that is still on me.
 

Vlad D Impeller

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That really Sucks! I do hope that you at the very least you get your money back. Sounds to me like you're dealing with a bunch of crooks.
 

aspeck

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Yesterday they informed me they had my formal complaint and they were looking into it and would let me know the results within 5 days. We will see. I laid out my case that THEIR insurance should cover the loss since they were the ones that canceled, not me. We will see if they agree with my case or not. I am okay with losing the week as it was an accommodation certificate (gift from the company), but I am not okay with losing the $.
 

aspeck

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So, I resent the formal complaint on Friday and asked for a status report as I hoped they were not blowing me off. Friday evening my phone rings ... I was expecting one of their salespersons, but it was Customer Service. Ivonne was polite and apologetic. She said it was not their policy as per the written policy, but my points were valid and made perfect sense. For this reason they were making an exception and refunding the vacation. I told them I was appreciative, but a whole lot of grief could be avoided if their policy was more in line with this exception. Again, she agreed and informed me that this situation is being discussed. At least for me they did the right thing ... hopefully they will do the same for others in my situation.
 

aspeck

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FYI, since it was a successful interaction, it was Interval International that I was dealing with.
 

Tnstratofam

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Glad they made it right. I realize they aren't any more at fault when something like flood, fire or whatever damages the property and makes it uniccupiable, but neither is it you as the customers. If you had canceled due to inability to get there things may have been different.

I'm sure a lot of people who had reservations in Gatlinburg and the surrounding areas affected by the fires faced a similar scenario with the companies they went through.

The Admiral and I are heading down for her birtjday in a couple of weeks, and the cabin we usually stay in is okay fortunately. In a way I'm dreading seeing the damage first hand. That area is near and dear to our hearts.
 

southkogs

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Glad it worked out for you Aspeck. It'd be horrible to have such a great place written into the "do not visit" list.

The Admiral and I are heading down for her birtjday in a couple of weeks, and the cabin we usually stay in is okay fortunately. In a way I'm dreading seeing the damage first hand. That area is near and dear to our hearts.
We tried to go over a couple weekends ago and couldn't find any availability. Kinda' wanted to see it and support it ... but apparently they didn't need us :) Y'all have a good time!
 
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