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.
September 14th, 2006 at 8:16 pm
Just wondering if anyone has ever actually done the GVD vacation?
I too fell for the scam. Now I’ll have to try calling them and cancelling it.
I knew it was too good to be true. Plus, I don’t have that much money to go on that trip.
September 15th, 2006 at 4:54 am
I am Australian and was scammed. My visa did not have the full amount in
it so they debited $349 which ended up being $473 for a part payment. I
instantly felt sick and cancelled my credit card. Four days later the
above amount was debited from my account even though i had already
emailed them only hours after saying i did not want to take the package.
I emailed customerservice@calypsocay.com and received an automated
response telling me to wait for my package then go to clause #7 to receive my money back. Only problem is I will not be getting a package in the mail as I have not paid for a full one. What can I do their number does not
work and the only other avenue I have is an automated response.
September 18th, 2006 at 5:42 pm
i was called by calypso cay resorts today (2006-09-18)and they were very adamant about giving my credit card number. i gave them my real name and address but a fake number. i am still waiting to see what happens. i hung up on them and they called me back 3 times but i pretended to be someone else and a wrong number. my name and my husband’s is not the same and the phone is in his name so i just pretended they had the wrong number. they told me someone that had given my number had won a vacation and it had already been charged to their credit card and they REALLY needed to get hold of this person!! they are all scams and i hate it when they try to take advantage of someone like this. they also told me they had a saying that went “if you’re not excite, you’re not invited”! what a crock.
September 21st, 2006 at 6:09 pm
To whom it may concern:I am cancelling the Vacation package I received from you. August 16th we had a three way conversation with one of your reps John,Suite #110. He told me to send the complete package back to you And when you received it I would be fully reimbursed by your company. I couried it to you the next day. I still have not heard from you. I have spoken with authorities whom are also waiting for your follow-up. They are saying that if nothing is done before Sept.30th they will be starting an investigation.
I called Visa to cancel when I hung up the phone & while we were talking it went through. I was not able to absorb things as I had been ill that day.
Please cancel and reimburse my money as John said would be done. The amount is Seven Hundred and Ninety Eight Dollars Canadian. When this is settled I will be one of th first people to recomend your Co.
Thank-you
D.E. Nicholson
September 24th, 2006 at 3:52 pm
I would like to respond to Jay at Sunstar travel. I was absolutely not told about the cancellation policy when I was sold a package through sunstar. In fact, I am from Canada and specifically requested a cancellation the following day and was never offered it at that time. I called a Florida agency (consumer agency) and was told by the girl at that office that Florida probably didn’t have the same cancellation rights that we have in Canada.
I have been back and forth and back and forth with Joe at Sunstar (the owner) I have over 14 e-mails in which I am promised this is legite and my package will arrive. It has never arrived yet (9 months later). Joe does not even answer my e-mails.
I was specifically told one thing by the girl before she ‘taped’ the conversation and another thing after. Joe indidcated this was impossible because they follow a script. Yet, when he played back the tape of me purchasing the trip, he admitted there was a contridiction in what she even said on the tape.
If Sunstar is a legitimate company they need to beef up their customer service and their follow through. 10 months later I do not have my package and nobody returns my e-mails. When I requested a cancellation it was not granted. There were absolutely discrepancies between what I was told and what Joe indicates they say in the script. I would think that Sunstar would want to provide service such that people would re-book with them. I can’t help but feel taken.
September 28th, 2006 at 2:30 pm
Wow. I can’t believe I am not alone in this. I wish I had found this website as I was speaking to these pushy salespeople from Great Vacation Destinations. I have to appaud them though…they really make you believe that you have “won” a vacation. So, like an idiot, I gave them my credit card number. Even after hearing about all the scams, I still gave them my number. Sheesh…I guess like many of you, I just got caught up in the smooth talking and excitement of the moment. Well, it’s good to know that you can at least get your money back.
The procedure I was given by my Visa representative is:
1) You have 10 business days to send Great Vacation Destinations a REGISTERED mail, stating that you are requesting a full refund. I have the contact information from their parent company, “Bluegreen Corporation”. The address is 4960 Conference Way North, Suite #100, Boca Raton, Florida. 33431-3311.
2) If they do not respond or give you a refund within 30 days, you can then alert your Visa company and they will dispute it for you.
My bank says that this is indeed a company, though through misrepresentation they make their deals sound much better than they really are. Well, it worked on me. Lesson learned. I’m never entering another Vacation contest again. No doubt that many others who attended the Abbotsford Air Show in BC this past summer were also hit with this.
Good Luck to everyone
Mike
Vancouver, BC
September 28th, 2006 at 9:21 pm
Hi Denmark here. I was on the phone today talking with Summerbayholiday.They told me that I`d won 2100 us dollars that I could use for traveling.We talked for nearley 30 minuts, and then she asked for my creditnumber.I do not have an international creditcard, and when she found out of that she just hang up on me…..hmmmm
October 2nd, 2006 at 4:53 pm
I hate GVD. I too have fell for their scam. I sent them this letter:
“On Sept. 7, 2006 I conversed with GVD’s …… (employee # ….). From this conversation I was informed that I had won a prize consisting of a few trips taking place throughout the USA. I was lead to believe that the only expense of these trips would consist of $140 if I intended to visit the Bahamas Islands, costs of any alcohol, taxes to hotels, and of course any extra activities that I would decide to do once I was there. This being said I was lead to believe that all meals, air fare, and accommodations would be provided for the trips. I was also told that because I was single, John William would arrange the Florida trip into a 4 person trip, and I agreed to this and was told of no additional charges. I was told that I would have to pay $798 US for all of these trips. I paid the amount using my Visa card and the total came to $916.39 Canadian.
Later using the GVD web site I read that air fare, and meals on land are not provided. This was very upsetting as I had paid a very large sum of money in full belief that they would be included. I also found out that it would cost $139 extra per person up to 2 more people for them to come with me.
Now after further research into this prize I feel it would cost me a lot more then was implied to me through the conversation. Air fair and meals for the Florida trip alone would cost too much for me to go.
I do not have enough funds to afford air fare and food. Also now I cannot find anyone willing to spend this much money on one trip let alone 5 trips to accompany me. This is a problem as I don’t like traveling alone, and would have to hire someone to drive me around as I do not have a full driver’s license.
I therefore am requesting an arrangement to be made where perhaps some of the trips may be excluded from the package so that the funds from them would provide the Florida trip with air fair and land meals. If there is no possible arrangement to be made I will not be able to accept the prise. I have read in the “Terms and Conditions” of the vacation package that “GVD allows the purchaser to cancel the purchase of the vacation package by written notice within thirty days of receipt of the vacation package.” If no other arraignment can be made I kindly request a refund of my $916.39 Canadian please.”
Why I was soooo nice I don’t know. I should have writen the stuff about law on the example letter. Too bad I didn’t find this web page until today. I sent my mail registered and they havne’t gotten it yet. I be the buggers aren’t going to accept it! I want my MONEY back! And I want the company to go into Bankruptcy.
Good Luck Everyone!
October 3rd, 2006 at 5:32 pm
I’ve been getting faxes from those assholes at Corporate Travel Center in, I assume, Toronto. They come at ridiculous hours, like 2:00 am. The call display does not identify them, just 111-111-1111.
I finally configured my fax modem to answer and save faxes, but the only one I’ve received so far is cut off, so I only see the top half with no contact information.
Does anyone know how to contact these dickwads to stop them faxing me?
October 4th, 2006 at 10:08 am
I recieved this vacation package from Brilliant Holiday in 04 Nov.04 and is valid 24 months and my families are very excited about it. Due to school and job schedules herein we cannot go a vacation in those months. Sadly, this year 2006 I was diagnose by a doctor that i have a “breast cancer” and am shocked about it. So masectomy is done and now my chemotheraphy is going on. So i write a letter to this company a month ago for a cancellation but it returned to me and unable to forward. So right now, I’m worried about not to refund which i paid by credit card… I need the money.