Original Message:
Reservation issues... (by KC):
paulg200 asks, in part: >> 1. Who regulates timeshare practices in California or the US? <<
Construction codes and contracts (including right of contract rescission) are governed by state law. Reservation practices, on the other hand, are essentially the "internal rules and procedures" of private companies, dictated by (and exclusive within) the individual particular corporation, management company or exchange company. These internal rules and procedures are not a matter of state or federal law until or unless they actually violate some existing state or federal law (corporations are not comprised of fools ---they would not willingly and openly invite legal problems from either the state or federal govt). =================================================
Re: 2. What rights does an owner have to audit the reservations system?<<
None, basically. While you could complain all the way to the top of the particular corporation food chain, the likely response would be to simply provide you with a copy of their internal rules and regulations, terms and conditions of ownership / membership, etc., accompanied by a boiler plate cover letter essentially stating "Enclosed please find our procedures and our terms and conditions. You agreed to be subject to these procedures, terms, conditions and limitations by your voluntary choice to acquire ownership or membership in our system. We comply fully with all of these terms and conditions, as it is in our mutual best interest to engage in fair and standardized practices, rules and procedures. Thank you for your interest in this matter of mutual interest. We hope that you enjoy your future vacations with us." The words might differ a bit, but the theme surely won't. =================================================
Re: >> 3. Is there an appeals process, should there be?<<
No. Appeal what??? The corporations (Hilton, Marriott, et al), all of the the assorted management companies (VRI, Bluegreen, many more besides) and exchange companies (RCI, Interval International, et al) all have long established reservation rules and procedures firmly in place and in practice. In essence, "first come, first served" is simply not subject to "appeal". Booked is booked and full is full --- what is there to appeal?
Personally, I gave up on "floating" week ownership years ago for exactly the reasons and experiences you have now encountered and described. In the final analysis, there is simply only so much "flex" or "float" space available, regardless of the company or location at issue, and the competition is fierce for the limited available space in "prime time" at any and all desirable locations. When it comes to the exchange companies, RCI and II have also now entered into the "direct rental" business themselves, thereby removing prime weeks, units and locations from available member reservation inventory. This is exactly why, for example, RCI is the defendant in an ongoing lawsuit (Murillo vs. RCI), filed by members displeased with the clearly declining amount and quality of RCI exchange inventory. While I might personally dislike RCI, in all fairness their membership terms and conditions very clearly state in writing that they can basically do whatever they want with any week relinquished to their "custody" by any means, whether from a developer or from a member "deposit" of an owned week.
In short summary, while I understand and empathize with your frustration and concern, I believe that you may well be "tilting at windmills". Points and floating ownership both inherently come with a known and unavoidable measure of reservation uncertainty --- and they always will. The only way I know of to avert that reservation uncertainty is to instead buy FIXED weeks at the very facilities where you know that you want to repeatedly visit. That is, at least to my knowledge, the only avenue to an iron clad "guaranty" of access exactly when and exactly where you want that access. The downside, of course, is that this guaranty generally comes with a higher price tag, including in the resale market. =================================================
>> Has anyone got the ear of a Congressman or Senator?<<
Timeshare SALES practices should be federally regulated (in my opinion, anyhow). Aside from that (and I intend no disrespect in saying the following), with all that's amiss in society today with homelessness, inflation, a growing foreclosure epidemic and skyrocketing costs of energy and food, I sincerely doubt that any congressional rep has any interest whatsoever in what basically amounts to a "vacation reservation procedure" complaint.
My own 25 years of timeshare ownership has certainly included frustrations with the realities you have recently met face to face. Unfortunately, however, inherent limitations on reservation availability certainly do not in any way constitute illegal activity.