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 24th, 2006 at 8:35 pm
Hi Jay, thanks for the clarification.
August 25th, 2006 at 3:09 pm
I was caught for the same one as Lars. Told I had the statutory UK cooling off period of 28 days. Called today to be told it is only 7 and the money is non -refundable. I quoted the Florida Law 559.933 and was told that Florida only gives 3 days and the company gave an additional 4 days cooling off. Cassey said she’d give a $300 refund and extend the trip to 2010.
I’m just about to send the letter.
August 25th, 2006 at 4:58 pm
Angela, They are bluffing you! Got my money back from Best USA Vacations after serious complaining. The money has been credited to my account. I lost some money on exchange ( aprx 40$ Canadian) but thats better than 700$
August 25th, 2006 at 6:48 pm
My Pleasure and I hope that the people who read this blog, understand and look into what they buy as well as have SOME TRUST for some of us such as SUNSTAR TRAVEL AND TOURS INC., WHO actually work very hard to maintain a perfect reputation and travel every one as told and promised. We actually do follow all laws and spend money from our own pockets to make sure that we have all traveled as promised. Our verifications are important, precise, and read clearly for your protection as well as our protection. Anyone who has a skeptical thought about our company, feel free to call the Dept. Of Consumer Services for the State of Florida, the BBB, or call me directly at 1-800-786-5502 and I will explain all that you need to know. If at that point, you can not resolve your skepticsm, doubts, or issues, then you can legitimately blog here, but be sure that I will monitor and respond and provide documented proof of all I say and do.
Thanks for listening, and remember, ALWAYS - ALWAYS, make sure that you purchase from a legit REGISTERED TRAVEL AGENCY. THEY MUST HAVE THEIR REGISTRATION NUMBER PROVIDED ON ANY ADVERTISEMENT, or DOCUMENT THAT LEAVES THEIR OFFICE.. IT IS A MUST, otherwise they have something to hide or are only an advertising or marketing company.
FURTHERMORE, if there is anyone that has any doubt about what is said in verification, I will be happy to fax to you the verification script for your review. THAT is how confident I am of what we do.
Thanks
Jay Hammond
CSM
August 30th, 2006 at 12:37 am
Just thought I’d do another update - I got my cell phone records showing a call I made that GVD didn’t have documented. It wasn’t in the 30 day cancellation time, but it was a call they didn’t have documented none the less.
So yesterday I got the call, they needed my new expiration date on my credit card to process refund.
Persistance does pay!
7-10 days the refund will be on my credit card!
August 30th, 2006 at 1:15 pm
My girlfriend was looking on the web site for philipine food menu when up popped an ad. to say she had won free holiday. She believed it.
Lucky I was with her when they asked for her credit card number. I told her not to give it and that someone was trying to cheat her. She did not give her number and is now glad. So everyone should be careful about this advert. I hope the law will catch them one day.
Till then, my girlfriend is happy to make cheaper holidays here with me, in switzerland. knowing that her bank account is safe here.
so summerbayholidays usa, stick them up your (you know what)!!!!!! save money and come to switzerland one day.
PS. you wont need your credit card in advance !!!!!!!!!
September 1st, 2006 at 4:00 pm
‘Great Vacation Destinations’ Are Never Free
“Congratulations! You’re the winner of our Island Getaway Sweepstakes to Florida and the Bahamas…now give me your credit card number.”
This was not a random call - these people are cleverer than you think.
In this situation, “Kathy” from Great Vacation Destinations called me at work (on my birthday no less) saying she was from the QuickChek Festival of Ballooning and I was the winner of the free vacation contest I had entered (which made it believable). She described all the exciting details, and then mentioned there would be a promotional fee. In hindsight, I should have hung up at that point, but she was such a smooth talker and answered all my grilling questions with ease, she ended up getting my credit card number. I guess the rush of “winning” this amazing trip worth over $2,000 temporarily blinded me from seeing what had actually happened-she sold me a promotional vacation.
When I came back down to earth a few minutes later, I realized more likely than not, this was a scam and researched the company. I found nothing but a useless website, decorated with palm trees and providing only a mailing address. However, there are many consumer complaints, similar to mine, about this company and others like it. It appears these promotional travel companies are sneaking into local and national events and festivals, because they are not advertisers, sponsors or in any associated with the organizers. They set up bogus “win a free vacation” sweepstakes only to get people’s information, so they can later call “winners” and connive them into giving their credit card number. These measures are unethical, if not illegal and make the travel industry look bad.
Luckily, I was able to cancel the trip, but not without getting the run-around. I first had to listen to a sleazy sounding recording while I was on hold for about twenty minutes. Then they were uneasy about canceling my trip and giving me any information about their company until I threatened legal action.
I’m really surprised that well-known events like the QuickChek Festival of Ballooning allow this, or maybe they just turn a blind eye. In any case, be wary about entering contests that are not run by reputable companies and/or sponsors at events. Or if you do, just remember GREAT VACATIONS ARE NEVER FREE!
September 2nd, 2006 at 4:47 am
I was another one of the suckers from Ontario.
Last month I got the call from Calypso Cay resort.a very freindly voice was on the line congradulating me on winning a vacation.Soon I would be transferred to a more deadpan sounding lady who asked me questions I had to answer.Finally to finish things up, a very professional sounding man was getting my credit card number (and 3-digit back number), so I could pay them the $598 US ($682.71).It was a foolish decision that I now regret.
At the time I felt very apprehensive and uncomftorable about the vacation, but at the same time felt like maybe this was an offer I shouldn’t let down.Another major reason I gave in to their offer is that I have a hard time saying no to people (though I did say no to an earlier vacation offer).The funny thing is I didn’t even want to go to Florida or the Bahamas.It was like I felt obligated to say yes.I figureded I could always cancel it within 30 days when If I finally decided against it.
Unfortunately I allowed another weakness on mine to take over–procrastination.I put the vacation thing on the backburner and allowed myself to be caught up in other matters until the 30 days was over.And it wouldn’t be until after the 30 days that I found out this was a scam.
For the most part procrastination has saved me an awful lot of money.Because to this day I still don’t drive a car or have a licience.And as a result I’ve been able to put a downpayment on a house and help pay weekly mortagage (with no problems), which would have never happened otherwise with the pay I get.This time procastination will probably make me lose some cash and perhaps I may as well Kissimmee that money goodbye? While I’m not in financial hotwater, it still troubles me to lose that much to a scamming company.Recently I have made phone calls to Calypso Cay (including a voice mail where I gave my desire to cancel my vacation), but have received no return call or any direct contact.My chances of a refund are pretty slim right now, though I just might find the right person who will bend the 30 day rule for me.They certainly bend other rules but often not in favour of the customer.
Now that I look back at what happened I ask myself questions like “Why didn’t I just say no?”, or “Why didn’t I make shure to cancel it in the 30 day’s?. It is apparent that they caught me in one of my weaker moments, in which my thinking was silly.The whole thing doesn’t make alot of sense.Hear I was paying $598 US funds for a trip I didn’t even want, that doesn’t even include airfaire.Meanwhile just two years ago I had my first airplane trip ever, to a place I actually wanted to go—British Columbia, and it cost less than what my “winning vacation’ does.I flew out to Vancouver by myself (after a spontanous decision from three days before), met my parents at the airport, and saw some great memorable times on Victoria Island, B.C., and Bamff/Jasper Park in Alberta.Much of the rest of the way home to Ontario (by car with my parents) was kind of dull, but the first part of the trip made it worth it.
From now on I’m sticking to the vacations of my own.
September 2nd, 2006 at 5:10 am
Just one more little comment…
I notice on this forum when individuals from the vacation industry they tend to be a little unsensitive to other people (to some degree), by certain things they say and attitude.Especialy the ones with the very arrogant “your stupid” attitude.
There’s one thing I can’t stand and that is arrogance.
The emphasis should not be more on “Sales” then actually listening to peoples concernings and respecting them as customers and people.Unfortunately the love of money often becomes more important than loving people.The love of money and the pride (and arrogance) of life.
September 4th, 2006 at 1:47 pm
Hi there,
Holland here.
Above story from Lars happend me too.
Exactly the same!!
I have spoken to Charlie KING.
It’s really to good to be true.
I won also $ 2100 and the rest like Lars said. I said I would call
him back, but I won’t do it.
Don’t buy this crap. It’s not real if you have to pay first. Than you didn’t win anything.
Good luck every one
Greetz from Holland
(Sorry for my worse english.)