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Re: Upgrade option refused to be honoured (by KC):

stephenc107 wrote:

The timeshare I have bought is 2 bedroom EOY and it was agreed at the time I would have an uption to upgrade to Every Year. I believe Westgate meant 2 bedroom Every Year.

The upgrade option was presented to me when I signed the contract. This is where the mistake was made as I think they should have given me a document stating I could upgrade to 2 bedroom every year, not 4 bedroom as stated. The upgrade option is a pre-printed document that my details were added to.

I did think it was a mistake on Westgate's part to give me the wrong upgrade paperwork but Westgate owners department stated when I phoned them that the upgrade option is a 4 bedroom every year.

I realise that mistakes are made and this may be a genuine error but the dreadful customer service I have been receiving from Westgate has totally put me off the company and timeshares in general.

I do keep getting the impression by the way that the upgrade department speak to me that I might have a case in forcing Westgate to honour the agreement as they are very defensive and keep trying to get me to upgrade to a 2 bed unit.

To be perfectly honest the whole situation and the way the Westgates have treated me had made me regret buying the timeshare. I especially regret buying the timeshare after looking at this website and finding out how much timeshares can be bought for.

Thanks for your replies Stephen

Like jayjay, I too am now puzzled about the "upgrade" details here. It's not clear to me whether the "upgrade" you were offered (or want) was: -- EOY to annual? (2X usage would have had a cost) -- Unit size change? (you bought 2Br anyhow, yes?) -- Both of the above? -- Cost identified to upgrade? (likely not "FREE") -- Upgrade letter "incorporated by reference" within the contract? -- Precise definition of "recent" in regard to purchase? (you may or may not still be within the contract rescission period allowed by applicable state law).

Your frustration and regret is evident and justifiable, but don't let your frustration prevail over seeking definitive resolution, one way or another. You MAY actually have a shot at contract revocation and invalidation **IF** you have something in writing which is **incorporated by reference within the contract document bearing your signature**, but now being reneged on by Westgate. That might well be grounds to invalidate the "breached" contract, if that's what you want, but you would likely need legal representation to pursue that avenue (and no, I'm neither offering nor available).

If, however, the upgrade letter is just a separate, loose piece of paper which is NOT incorporated by specific reference anywhere within the contract document itself, Westgate will simply fall back (and likely successfully) on an "innocent error" position.

It's your call, but once again I suggest that you don't let your frustration and dismay deter you from getting a definitive resolution here, one way or another.