tags: Scams
Florida Vacations - How to cancel.
June 16th, 2005, by Rich.
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Several people have emailed me, or left messages asking for help in getting a refund from Florida based holiday companies (such as AmeriVacation, YourVIPTravel, etc), either because they have bought in haste, or feel they have been misguided by the sales person. In this article I hope to condense all the comments from other stories into a simple action plan.
Your Rights
According to Florida State Law “You have a right to cancel your purchase and receive a refund within 30 days of the date of purchase” after which, “the seller has 30 days from the time of receipt of your notice of cancellation to send you a full refund”. [source] [corroborating source]
The law exists to regulate Sellers of Travel to and from Florida, as well as Sellers of Travel whose place of business is in Florida - it helps to maintain the reputation of Florida as a welcoming vacation destination and protects the citizens of any country by forcing licensed sellers of travel to follow strict rules, including the ones about refunds; so the suggestions listed here are valid from any country.
Action 1 - Call
- Call the number you originally dialled.
- Politely and clearly state that you are calling because you wish to cancel a contract.
- Ask them to confirm the company name and address to which you should send a cancellation letter.
- If the person on the other end bluffs or prevaricates, remind them that Florida State Statute 559.933 is quite clear on your right to a full and prompt refund.
- If they verbally agree to send you a full refund, accept this happily, but you should not stop yet because if they were to forget to send it, or lose the note to say that you’d called, or had a computer crash, (etc. etc.) then you’d have no evidence that you called within the 30 day cancellation period.
Action 2 - Write
- Write a letter of cancellation.
- This is a generic letter template.
- This is an AmeriVacation template.
- Send the letter by an international recorded delivery service.
- From the UK you could use International Signed For.
- Sometimes the companies will state that “you have to return the package”, this is usually just an obstruction tactic, but if they insist, take photographs (and scan or photocopy) everything that you return (example).
Action 3 - Complain always
If you you’re unhappy about the experience and wish to air your grievance, then please do. Lodging a formal complaint will quickly raise the profile of your scammer so the DOACS can monitor them better:
- Complain to the Florida Department of Agriculture and Consumer Services (who regulate the selling of travel in Florida) using this form.
- Inform your “local” national press so that others do not go through the same experience.
- In the UK there is the BBC’s Watchdog Programme
- In the Netherlands, there is Opgelicht.
Action 4 - Write to your credit card company
- Write to your credit card company and tell them that you are seeking a refund from the vendor.
- Explain why you feel the company misrepresented itself.
- Include a copy of the letter you sent to the vendor.
- Use local legislation if necessary:
- If you’re in the UK and the vendor refuses (or is unable) to provide a refund, then the Consumer Credit Act 1974 section 75 is your fallback. It makes the credit card company equally responsible for any misrepresentation (which in the case of AmeriVacation there has been), so should attempt to claim the refund from your credit card company.
Action 5 - Help Others
If you succeed in getting a refund, using this or an alternative method, let others know by describing your success below, I’ll modify the above steps as appropriate.
May 25th, 2006 at 12:20 am
Update #1:
When I contacted them on May 17, I spoke with Cindy. I called again today May 24th to follow up because I felt unease about this whole thing and that I have not received the package yet either. I spoke with Greg this time and he said that Cindy documented that she offered me a $200 discount and thereby locking me into this contract, which she truthfully did not do such thing and I did not agree to it. If she did, the credit has not appeared on my account either.
At this point, I dropped the fact that there is a Florida Statute that says I have 30 days to receive a refund. Greg said that my next step still is to return the package when I receive it and to call and confirm once that happens.
It really made me unease that they are documenting untruthful things. So I called up my credit card company (CIBC) and asked them for advice on what to do and what action is available to me. You should give your credit card company a call as well and ask what options are available to you. Following is what they told me and I think this would be of use to other people:
1 - Send register mail also documenting the conversation I had with the customer service representative about returning the package when I receive it. If I don’t receive it, then it’s still grounds for not having goods/services rendered.
2 - Initiate a transaction dispute. I now have a 10 day window for the next course of action.
3 - Should receive a response from the merchant in reply to the registered mail.
3a - If a letter returns saying that they will refund the money, wait 3-5 business days because that’s how long it will take for the transaction to be posted. If its shows, great, end of story.
3b - If a letter says that they will not refund the money or that they have already indicated that they will return the money but have not… I am to contact my credit card company and send all details and records to them. If the letter has indicated that a refund is to be made, they will go ahead and expediate the process. If they simply refused to refund my money, they will step in on my behalf.
May 25th, 2006 at 12:27 am
I forgot to mention that if if the merchant does not reply to me in #3 then after the 10 day window, I can contact my credit card company to step in on my behalf.
In general, any transaction you make on your credit card can be disputed within 30 days of the posted date.
May 25th, 2006 at 4:34 am
just recieved a letter from my credit card company that i am still in
debt on my credit card.thought it was sorted out but i was mistaken.
going through more hassles with summer bay holidays.credit company
hopefully are going to fix the problem.just found out two of my
friends recieved phonecalls about holidays at florida.luckily they
new about my dilemma and hung up they even rang myself again.im at my
wits end with this company.when will they be closed down and why isnt
the florida consumers department doing anything about it.
May 27th, 2006 at 4:02 pm
Just received the refund from GVD by following the procedures suggested in this website,
Thank you guys.
May 27th, 2006 at 8:37 pm
hey jason,
i was wondering, if you waited until your package was sent to you in order to get a refund?
this question can be directed towards anyone, really… I just dont want to get ripped off, after waiting for a whole week and then realizing that I’m not getting anything back, or that it’s too late?
thanks a bunch
May 30th, 2006 at 2:01 pm
I don’t think you should wait to get the package to request for the refund. This can be merely a delay tactic so that the 30 days you have to request the refund runs out… even though the stature says:
–It shall be unlawful for any seller of travel or assignee:
(1) To fail or refuse to honor a purchaser’s vacation certificate request to cancel if such request is made:
(a) Within 30 days from the date of purchase or —receipt of the vacation certificate—, whichever occurs later
so you still have 30 days after you receive the package; HOWEVER, most people won’t have official records of when the package was received. It will then be a “he said vs she said” kind of dispute which I don’t think would hold up too well were you to take it to court. Something like the date your credit card was charged and date your registered letter was sent will.
Just send the registered letter for a refund request and then follow the returned package instruction (track the package too so you have a record that it was sent!) when it arrives. I can’t see how delaying will help.
I still urge people to talk to their credit card company because they will be more willing to help you out than the vacation companies would. With enough complaints, maybe the credit card company will shut down any future transactions with them too.
June 2nd, 2006 at 2:12 am
I need help.
Made the mistake of the Great Vacation Destinations.
The mistake was made several months ago though. After doing more research, finding this site - I am concerned.
It is well over my 30 days. I called, explained the tough financial situation I am in (recent divorce) and the first woman transfered me, said to tell the rep that I simply could no longer afford the trip. She said to tell them my financial and marital status had changed. I told the rep I was transfered to- but nothing. Said that finances and martial status didn’t matter. That the fee at time of booking is minimal. I don’t have to take the trip on the date set, I can move it. I don’t even have to take it in the next year. They also suggested I could transfer the tickets to someone else. They refused to transfer me to a supervisor.
Anything, any tips, any suggestions I can get to try to get out of this are appreciated.
I can be emailed at radcrow at aol
June 2nd, 2006 at 7:31 pm
I just purchased a vacation package from Sun Star Travel and Tours. I am having second thoghts wondering about the legitimacy of this company. Does anyone know anything? I checked out the Better Business Bureau Website for the company and it stated it was being updated, so I could not find out any information. Does anyone know anything of them?????
June 3rd, 2006 at 9:41 am
Hi Bev, this is just a personal website, not a travel-scam helpdesk (sorry!), so your likelyhood of finding an answer is very limited. There’s nothing to suggest that this company is doing anything other than selling travel vouchers, which is perfectly normal; and if its what you wanted, then have a great holiday!
June 4th, 2006 at 6:49 pm
I received my Great Vacation Destinations (GVD) package on Wednesday. Unfortunately, I was too occupied with some out-of-town visitors staying with me that I could not take action with it right away. For those who are waiting to receive their package, I’d like to draw a note that in addition to the $798 USD Offer Price that is required when they took your credit card on the phone, they will ask a $295 USD fee for reservation processing upon booking. Any additional people beyond 2 will be an extra $99-139 USD depending on age. Then don’t forget all the hotel taxes and the Bahamas “Port Tax.” on top of it. You’d be much better off doing the vacation planning on your own.
For my offer RVM043 the most interesting portion of the Terms and Conditions: Base Vacation Package are: No purchaser should rely on representation other than those included in the Terms and Conditions. GVD acts as an agent for hotels, cruise lines, airlines, car rental companies, attractions and all other services supplied as part of this vacation package and will not assume any responsibility and not be liable for any loss, cancellation cost, delays, irregularities, accidents, injuries, damage to persons or property, indirect, incidental, special or consequential damages, arising from, or in connection with, any of these services. GVD allows the purchaser to cancel the purchase of the vacation package by written notice within thirty days of receipt of the vacation package. All operators, including air carriers, hotels, cruise lines, car rental companies and attractions mentioned are independent contract suppliers each of which has obligations towards and limitations in respect to the liability to the purchaser directly. GVD will not assume any responsibility and shall not be liable for delays, cancellations or interruptions due to nature, strikes, or Acts of Gods, acts of war or terrorism, and other acts beyond its control.
Great Vacation Destinations is located at 7301 West Oakland Park Blvd, Lauderhill, FL 33319. Great Vacation Destinations is registered with the State of Florida as a Seller of Travel, Registration No. ST 35396;
I am not 100% convinced that GVD/Bluegreen Corporation is a real scam like the some of the other companies mentioned here; however, the total cost of the vacation from your home and back is far from a “deal” or an “offer.” They have gone to great lengths to create their vacation presentation package and all the information is complete that is beyond a fly-by-night scam; however they should still not be using telemarketing pressure techniques if they wanted better traveler turn-out.
I am still going through with the refund process because this would be a very expensive vacation in addition to attending the timeshare presentations that will be required. Before I return this package, I will be photocopying and taking pictures of its contents to hold and potentially submit to my credit card company as an additional paper trail were they to be required to represent me in the efforts of obtaining a refund.