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.
July 27th, 2005 at 7:46 am
August 1st, 2005 at 7:01 am
The bank works for YOU! Go to the Bank NOW. You have not signed anything with these monsters. So the bank can help you get your money back, or stop it from going through. You will just have to put something in writing - explaining what has happened. Head the letter with “Credit Card Dispute” Marked Urgent, Ph your bank for details, go to them in person or Fax the bank.
You can Cancel your credit card and get a new one. Or put a stop to the money leaving your card to that company or what/who ever they are!
Its all very overwhelming. But natural to feel Naieve. Take care. Youll be right.
August 3rd, 2005 at 4:56 pm
Hi
I find all this info very interesting although too late for myself. I was foolish enough to send of my large deposit but then realised what I had done. I phoned them and was told to put it in writing when I received all the holiday gumph. This I did and returned the holiday package with proof but all to no avail.
If anyone has any ideas on what I can do next I would be very interested.
August 11th, 2005 at 7:58 am
Hi!
Sun-Kissed Travels has also reached to Sweden. Today I’ve found out that I probably have been scammed. Yesterday a salesman from Sun-Kissed Promotions phoned me and offered a Vacation package to Orlando-Disney Land-Daytona-Ft Lauderdale for a very cheap amount, only 1891 Euro.
Of course I got suspicious but anyway, there was notime for reflection so I gave him my credit card number wich I deeply regret. I will contact them later today and try to cancel the order. I hope that will be enough but if not, could the contact-template to write a letter be used for foreign victims also or does it only suits for americans and is Florida-laws actual even in this case?
August 11th, 2005 at 8:33 am
Hi Dan - good question - I’ve amended the article to be more specific, but to answer you in brief, yes, the letter should be equally valid regardless of your geographic or political location, because it takes advantage of a regulation enforced by Florida State on a company based in Florida.
August 11th, 2005 at 9:39 am
As with Dan, I was scammed by Sun Kissed Travel 2 months ago, and I have still not received my refund. As a South African, this is a
huge financial loss to me…especially with two small children.
I would like to know what steps I can take from Souh Africa and if the laws in Florida still apply when I am a South African.
I don’t understand how these guys get away with so many scams???
August 15th, 2005 at 1:08 pm
Hi, I was called august 2nd by a guy who called himself Micheal Williams, working for a company called ‘Holliday Rewards’.
He told me the same story, I won a holliday to Florida, 5 days Miami, 3 days daytona, 3 days Lauderdale etc.
After a while it appereared I had to pay Uuro 790,- for this package. I dont know why but I gave him my creditcard details and up till now, did not receive anything.
I dont know the address, email or phone number of this company. I live in the Netherlands, can anybody help me?
August 18th, 2005 at 6:53 am
Hi,
Just wanted to let you know that I finally managed to get my refund back! I phoned Sun Kissed Travel and they gave me a story about how refunds had been submitted to their processing company, and this company was not following through with the refunds to the clients. Sun Kissed had therefore severed ties with this comany, and said they would send me a letter to give my credit card company. Together with this letter, I sent them a dispute form and received my refund back 2 days later.
They cannot be a legit company though, because I have never come across such a bunch of rude people, who avoided all my questions by hanging up on me numerous times and shouting at when I spoke out of turn…riduculous! SO Dan, call Sun kissed ASAP and ask for the form I received, and you may just be able to get your refund back! Let me know if you need their contact details.
August 18th, 2005 at 7:20 pm
Hi everybody!
I have called Sun Kissed Travels customer service several times and sent a lot of e-mails but they have only replied once. Some guy called me and left an e-mail address (joseqamgr@aol.com) to wich I had to write and explain why I wanted to make a cancellation. So I did but of course, I haven´t got any replay yet. That was on 08-11-2005. I have threaten them that, if I have to, I will contact Florida Department of Agriculture & Consumer Services and make a complaint against them but it seems that they doesn´t care. I don´t think they are too anxious to help me but if I haven´t heard from customer service until Monday I will make this complaint. This will be my last chance to get my money back and if they can´t help me, well, then I have to go on and try to forget about this shit and quickly as possible.
August 23rd, 2005 at 6:57 pm
hi everyone,
i got scammed by starr-getaways on the 11th of august. i suppose everyone now the story by now, so after the phone call, suddenly it became clear to me that i did something really stupid. the first thing i did was call cardstop, fotunatly i haven’t got enough credit and they just able to charge me €380 instead of €789 they told me that they will charge. they even tried €850 the first time. I went to my bank yesterday and i still can get my money bank according to them.
who knows if i didn’t came to my senses that soon, what would have happend to my bankaccount???!!!! anyway i’m still fighting for my €380. i wont let them just trick innoncent people like that!
for people with the same bad experience, stop your creditcard asap and go to your bank for help!