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.
August 21st, 2006 at 4:30 am
I am a 20 year old student, I was suckered into this as well. It has been over 30 days to cancel but prior to “confirming” I said I had second thoughts. The ‘rude’ sales rep stated the transaction had already gone through. I thought I was screwed and went through with it. Tried to sell it on e-bay without luck.
Any suggestions?
August 21st, 2006 at 11:01 pm
Can anyone that has sent a package back to GVD tell me what address they used? I sent a package back to the address given on the website (7301 West Oakland Park Blvd, Lauderhill, FL 33319) and when I checked the tracking status today it said my package was being returned to me. I am not exactly sure why it is being returned yet but I am getting a little anxious because it is getting closer and closer to the 30 day deadline. Tomorrow I will call the postal company but if anyone could tell me if they have had a similar experience I would very much appreciate knowing about it.
Thanks!
Gavin
August 21st, 2006 at 11:03 pm
August 22nd, 2006 at 10:35 pm
Update - so GVD/Take me on Vacation/Blue Green - whatever they want to be called. They denied my refund and replied to the BBB it was based on the fact that I hadn’t contacted them from the date of sale until when then called to confirm dates of travel.
Well well well - I requested my cell phone records and I have proof of a call I made 3/30 that lasted more than 15 minutes. This proves that I made calls that were not “documented” in my account with them.
I’m sending copies of this to everywhere I sent the complaint - my state’s AG & SOS and FL’s AG, SOS, BBB.
We’ll see where this goes
August 23rd, 2006 at 2:54 pm
i just got off the phone with a very helpful lady in the legal department at best usa. she told me that i would get a refund, because i had returned my package within the 30 day window as stated in the contract. she went on to say that anyone telling me anything different was mis-speaking, and that they were wrong.
the only reason that i was able to get in contact with her, was that i filed a complaint with the Florida Dept. of Agriculture and Consumer Services. They in turn, send a letter to best usa informing them of the complaint. it was only then that the legal dept. of best usa got in contact with me and i began to see some real results. the FDOACS was very helpful, and hopefully this will all lead to a full refund. the lady at best usa said they would mail me a refund check within 30-45 days. i hope it all pans out. i will keep you posted.
great advice rich, my advice would be to get the FDOACS (link provided on how to cancel page) involved immediately and to stop dealing with the individuals in the “fulfillment center”.
August 23rd, 2006 at 4:05 pm
Matt, same result in my situation. I was also contacted by a women who said she had recieved my complaint from the FDOACS. She assured me that I would be fully refunded and that she would try to seek out the “ëvil thieves”…I was contacted again today by the accounting department at Best USA Vacations…the young girl one the phone was verrry nice..(what a change) and let me know that she had refunded my money to my credit card. She said she would fax be a reciept and that It takes about five business days for the transaction to be posted at my bank.
COMPLAIN! COMPLIAN! COMPLIAN!
RESULTS! RESULTS! RESULTS!
August 23rd, 2006 at 5:29 pm
I am the customer service manager for Sunstar Travel and Tours. I am responding here because of the incorrect information that a few people have listed and is affecting some of our clients.
Let me first start by saying that all of the comments here are actually GENERATED by this website that only causes skeptiscm amongst clients to explode. Yes, I will agree there are some bad companies out there and there are some that do not honor what they say, but if you will look through anything here or check our records, you will see that Sunstar Travel and Tours has always honored every trip we sell, even if it is at our expense! We travel every client as per VERIFICATION which we do for every sale that we do. Our package we offer on our website for $xxx per person. When we do our sales at a heavily discounted price, such as the $yyy price point, we state to you our CANCELLATION policy as required in Florida Statutes 559.9335 Section 12.
Secondly, our job here is SALES, in SALES, our job is to sell the product that we advertise. Many of our clients are phone calls, and from the world that I know, you have every ability to hang the phone up and discontinue the call rather than say anyone here “FORCED” you to by a package from us. If you have purchased a package from us, you are told very clearly every detail that is important and relating to the travel package that you purchased, you are told the price exactly and how it will appear on your credit card, you are told that the package is a heavily discounted package and you are told the cancellation policy and you have to agree to all BEFORE we charge your card. What part is not clear in that? As for Cheryl, you were not threatened in any way, only called and informed that we need your correct information so that we can process the card and send it out. You purchased a package and went through a verbal contract stating that you had the money and that you are giving permission to use the card to purchase the package. Again, We have not done anything illegal or wrong.
I think that this is a great website in some ways, but it is also horrible in others. I think that for the people as us that are legit and a registered travel agency, you are creating a bad tasted in peoples mouths and making them believe that all companies that they deal with are “scams” or “frauds”. I offer any client that feels we did not tell them all in verification, that if we did not, I will galdly refund their money back as well as an additional 10%!!!! That is how confident I am that we do the right thing and that we always tell our clients all.
Skeptiscm is a sign of intelligence, and I challenge anyone to look up our information and to check our records with the State of Florida Department of Conusmer services. We are registered and are the actual Agency, not a subsidiary or blanketed under someone else license as are many others. We state our Registration on every paper that we send out and every advertising.
Buyers remorse is running rampant and it is because of posts like this that give negative information and not the real truth of how good a company might treat their guests. Another piece of info I have for the editors, You will find that many of the posts are from competitors who are looking to slash a companies reputation. IF you are skeptical, call your customer service and inquire, ask, and seek information before you slash a company that does manythings right and handles all correctly.
Thank You.
Jay Hammond
CSM
August 23rd, 2006 at 8:18 pm
If Skepticsm (sic) is a sign of intelligence, then one might also be forgiven for believing that spelling and grammar could be equally significant!
Where are the comments from the folk who have enjoyed their holidays which were sold to them as a result of ‘cold’ telephone calls?
In view of the obvious concern of the previous contributor about the imbalance of views, why does he not encourage his clients to put the record straight?
Surely not because he is too busy with his SALES (sic)
August 23rd, 2006 at 10:59 pm
Dear Jay Hammond,
Your comment is very welcome; though due diligence requires me to point out to readers that the email address you supplied is not from the company you say you represent, it’s just an ISP email (like lovelyholidays@hotmail.com not jay@lovelyholidays.com), so you may be an imposter, however, the email address matches the one previously used, so you’re being consistent, and I’m inclined to believe you are who you say you are.
You make the following points:
1. You say that the comments on this site are “generated” and cause skepticism, which is utter nonsense (as anyone who’s commented will know). Comments are written by readers, who find this site because they are already skeptical about what they have bought (or the way it was sold to them, or what they were told they had won).
Note that this is not a travel website, it’s just a personal blog, I have no axe to grind, and the reason for the above article is that many people have contacted me asking for help in cancelling a holiday they don’t want, nothing more nothing less.
I do not have the time or resources to help people individually, so the article was written for people who want to cancel.
2. You accuse this site of “creating a bad tasted in peoples mouths and making them believe that all companies that they deal with are “scams” or “frauds”.” Again, I’m going to have to disagree, I wrote a fairly long article on the subject of why these are (usually) very real holidays, but not the magical dream vacations that people initially believe they’ve won/bought. I know from the server logs that you’ve not read it, it’s called “Florida Travel Vouchers - How they appear to work“. You mention quite strongly about how your business is “SALES”, and this confirmes a lot of what that article is about.
3. You state that there are comments which you believe to be from competitors (which is quite a paradox considering you earlier accused me of generating all the comments); however if you can provide any evidence or clues to support this, then I will happily investigate it.
4. You incorrectly reference Florida Statutes chapter 559.9335 section 12 thus: “we state to you our CANCELLATION policy as required in Florida Statutes 559.9335 Section 12.“. The specified section reads that it is a violation for any person:
… and says nothing about stating the cancellation policy. Perhaps you’d like to correct or clarify this.
Like I said, your input is very welcome, and any observations or corrections you’d care to make will, I am sure, be very reassuring to concerned readers.
August 24th, 2006 at 8:25 pm
Rich, I never accused YOU personally of GENERATING anything, I meant it that this site is what is causing more skepticsm than is what is going on, the blogs or comments included here by one or two people who are upset about something or have a sudden buyers remorse and decide they do not want the package. If there is anyone that has not received everything as told and promised from my company, then I would understand and respond accordingly.
As far as the Florida Statutes, I apologize, I was looking at the Statute quickly and saw it as 12. when it is actually 11. Sorry, My mistake, Florida Statute 559.9335 Section 11. We are correct in what we do. We have our travel packages registered with the State of Florida and they are retail of $2700 per couple, we emphasize when we sell anything that “Being at a 75% discount, the package is sold on a non refundable basis. As I stated before, I challenge anyone to call in and we will play their contract verificatio back for them, if there is something that is misrepresented or different than what they received, I will gladly refund their money plus an additional 10% for the hassle they had to go through. That is how confident I am of what we do.
As Far as Lesley Goes, Sorry, I did not run my message through the spell check or my english teacher, I simply was replying to this blog. As far as comments here from people who have enjoyed their vacations, they do not have time to be looking for negative information and I am not going to give out names for privacy reasons. Be real.
I know there are many companies out there who are not the greatest, but some of us work hard at being an honest company and work hard to maintain their license. (getting a Sellers or Travel License in Florida goes through about the same scrutiny that you must go through to buy a house! Credit Ratings, A $50K Surety Bond, Applications, and approvals. We would not be here if we were scamming people or treating people bad. I have received several cancellation attempts in the past few days that came directly from people being scared from what they have read here. That is not fair to a company who has never done anything wrong to any client. We travel people at our expense if there was any miscommunication or where something was not explained correctly, no other company that I am aware of does that or will uphold their sales as so.
As far as my reasons fro being here, it is indeed to “SET THE RECORD STRAIGHT” I learned about this blog from a very good client that called because she was concerned after she read some negative things about travel companies here on this site and was trying to cancel.
Now I regularly monitor to make sure my clients are not upset or need anything that we can adjust.
My closing remarks are RELAX PEOPLE, make sure that your purchase if from a Registered Travel Agency, Not an advertising or marketing company. Any registered Travel Agency must BY LAW have all of their license numbers on their advertisments or information.
You will always see on our faxes, fliers, mail out and information our number, ST35843. Research! If we for some reason do not travel you as sold, that is a direct violation or fraud! We would be in Jail and not happily in our offices selling travel.
Being Skeptical is not a bad thing, but if a company proves to you who they are, and what they stand for, then you have no reason to be skeptical with them. If they have provided you with all as told and promised, then they have done all correct.
As far as what I said about comments being placed here by other competitors, I am aware of at least 2 that have done this on here and have bragged about sabotaging another company. I am not going to be in the middle of t his, but I just wanted to make you aware of all. As I said before, You can verify our information and I do guarantee that you will receive all as told and promised.
I hope that this clears a lot up and that you do review the Florida Statute that I did quote. We are a FULL SERVICE TRAVEL AGENCY AND NOT JUST A RESELLER OF CERTIFICATES, WE book travel of every sorts, The Packages are only a part of our sales within this company.
Yes my email is real, and You can contact me ant anytime to check that as well as call our customer service number and speak directly with me at 1-800-786-5502 or for those of you who want a local number 407-331-1040.
Thank You
Jay Hammond
CSM