tags: Scams
Florida Vacations - How to cancel.
June 16th, 2005, by Rich.
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.
July 8th, 2005 at 10:21 pm
I am still trying to get a refund [from Amerivacation], have e-mailed, written and contacted The suggested people in Florida. I did get a call left on my mobile last week from Marcia Johnson cancellations manager. I have tried to contact her by e-mail and phone but have not been able to speak to her, today I received an e-mail from a company called Parrot Cay who say that amerivacation and amerisuites is part of them, they are still trying to get us to keep the holiday, we want nothing to do with them.
July 11th, 2005 at 2:28 pm
I think I am also one that has parted with money does anyone know if the so called century vacations is a load of ******. I bought this holiday for my sons 21st but this was a while a go will I be able to get my monies back from the credit card company?
Confused
Jacqui
July 12th, 2005 at 12:24 pm
I was fooled by Sunkissed Travels. Though the papers included the vacation package say clearly that I may cancel my package within 30 days of purchage, I couldn’t cancel.
I called the company several times, that they would help me get my money back. The result was a conversation with an very agressive company “owner”, who first made me cry and then promised all sorts of bonuses for my vacation package to make me happy. She totally misleaded me.
I still wanted to cancel my package, contacted the custumers service, sent the package back with a polite note about the reasons I want to cancel. Within a few days a person called me back telling me that it’s impossible to refund my account, and they will send me a free extra package that I can give someone I know.
This is odd, because when I sent an email to a person in Sunkissed Promotions about this issue, she told me to send the package back and promised I’ll get my money back? Help….
July 15th, 2005 at 3:31 pm
Hello,
I also let me trick in to the scam. I’ve got an advise for the people (like me) who quickly decide that they want to get rid of the package. I made sure that there is not enough money in my account for as long as possible (by booking it over to another account), so the payment cannot be made. Further I am following the steps as discribed.
I was shocked by the rude and arrogant way the customerservice people of HolidayFloridaUSA(/Amerivacation) spoke to me when I tried to cancel by telephone. The lady just stated: well, you souldn’t have given you credit card numer! And when I claimed the agreement I had with the salesperson that I could cancel by phone (that was really what they told me when they made the reservation), the other lady just said she couldn’t check what was said in that first telephone call and she practically called me al liar. I hope the company is thrown out of buisness soon!
July 16th, 2005 at 11:48 pm
Yesterday my credit card company have got back the whole £732 that Ameri scammed from me!! a month ago..yipee.. I think a lot depends on which company you are with and how well they arbitrate… I am soo so pleased naturally. thanks 2 all on this site who’s comments assisted me to. have reported this company to florida state dept consumer/travel and they also have written to me advising that they will follow my complaint up.
July 17th, 2005 at 3:28 pm
Thanks God that you have set up this wonderful website to inform people about all these fraudulent activities and offer good advices and step-to-step guide of how to get refund and make complaints. You are brilliant!
I have done whatever I can — informing the bank to stop visa payment, complaint lodged to Floriada Department of Agriculture and Consumer Services and am going to share this with the local press in Australia. I think we should find out ways to take legal actions to stop these unethical businesses as they are real criminals not only taking money from innocent people, but ruining people’s holiday plan and dreams…. the worst case is they cannot afford another family holiday….
July 20th, 2005 at 7:57 pm
hi,
customersupport@amerivacations.com doesn’t work any more
July 20th, 2005 at 9:46 pm
Hi Rich,
Thankyou and all the other advice given on your website. I’m pleased to say that my account has just been credited with the money Amersuites Vacation Club scammed me out of last month. I was too embarassed to write before but promised myself I would if I got my money back!!! To anyone else worried out there just follow the steps above it really works!
July 25th, 2005 at 7:38 pm
For Bessie Efird,
Sunkissed Travel is a legit company and you need to call customer service at 1-954-722-9303 or e-mail at: customerservice@sunkissedtravel.com
I don’t know what number you called, but this company is not a scam!
You need to check your number.
July 26th, 2005 at 12:26 am
Just found your web site and glad to know I am not alone (in the nicest possible way). I was diagnosed with cancer last Sept and as one can imagine it has been a trying time so when I got a call on my x directory number saying “congratulations you have won a holiday etc etc” this was just the boost I needed and did not think straight. Decided that although due to my inability to get travel insurance i could not take the offer up and as it was for four people i would offer it to my son and his family. I was told i would have to pay £695.00 for air fares,food,taxes etc but would also get $500.00 on arrival so yes I thought my son would have time to pay me back as you have a year to take up the offer.
Knowing my time is limited and as i have other serious problems which preclude me from carrying life insurance I have been putting money by for my funeral which I felt safe in using in the short term and as my credit card details where only required to ensure I would be good for the money; silly me opened my big mouth and gave them the means to immediately take the money from said credit card.
I would say here that I did take time to phone my credit card company BEFORE I took up the offer and was told that they did not always know what offers where on the table as the head office was in the states and yes certainly one of the venues mentioned was one they used which made me feel safer or was it easier to fool myself (the later me thinks).
I attempted to cancel by phone the next day to no avail, I sent an e-mail to no avail, phoned again and all I got was I had to wait for the package and I would have 30 days from then, plus I would have to pay a cancellation charge which made me slightly angry as this was a new one, but this they have agreed to waive.
I recieved the package and returned it with a covering letter laying out all the facts and sent it recorded delivery. They recieved it on June 23rd at 11.35am and this I know because i checked on line with U S postal services (if any one wants to run a check it is http://www.usps.com) now they tell me it takes one to two months to get the money back so if I slide from this world before I see my money again whats the chances of sending my body collect to amerivacations for burial as I will not have the money to do it over here?
Some of the names I have are as follows: Anthony Charles (diector promotions), Michael Brown(sales), Mark Acevedo, John Turner 08000914761 ext 225 and last but not least Ken (manager customer services)
The ABTA number I was given is ST35765 which ABTA says does not exist.
Thank you for your info re Florida State Law I will be sending an e-mail tomorrow informing them that they are in breach of the law