blog-5085

All of you should share this with the media. Fox news, MSNBC, CNN, and local news. All Timeshares like Diamond Resorts Marriott should either give you you money or annual fees back or let you use it next year at no charge.

I sent a reply to arbitration@redweek.com 8 days ago and still no reply. Is this normal? I understand given the current situation call volume and email traffic is high, but 8 days with no response seems excessive.

I own a Marriott Shadow Ridge timeshare and rented it for the week of March 15-22 via RedWeek. The unit remained habitable during the entire week, although a few of the resort facilities (not all) were closed. After the cancellation deadline the renter objected and RedWeek, purportedly held an arbitration WITHOUT NOTICE TO ME, found that the unit was uninhabitable and refunded the renter's payment. As an attorney and long-time arbitrator, it is clear to me that this process is beyond unconscionable. To have a so-called arbitration without providing notice to a party is unjustifiable. Further, to shift the burden to one party (the owner) in favor of the other party (the renter) when both are equally affected by events is clearly inequitable. This is especially true when, as the governing provision of the contract specifically points out that a renter might obtain insurance. And, by no definition was the unit uninhabitable. If that were the case, then each and every housing unit in the area (and country) (whether house, apartment, condo etc.) would have been uninhabitable.

The provision of the rental agreement relied upon by RedWeek is as follows:

If the Unit is not habitable on the day that the Rental Period commences by reason of flood, fire, or storm, and a satisfactory substitute is not made available, the total Rent will be refunded to the Renter. If the Renter is required to evacuate the Unit at any point during the Term, the Renter is entitled to a pro-rated refund for unused nights from the point of evacuation order through the remainder of the Term. In such events, the Owner will have no further liability to the Renter. Renter's inability to complete their travel for any other reason beyond the Owner's control (including, but not limited to: illness, airline interruptions, job loss) are the sole responsibility of the Renter, and Payment is non-refundable. Renter is encouraged to purchase trip interruption and cancellation insurance for such matters.

Clearly, a refund not only requires a unit to be "uninhabitable," which it was not, but further, uninhabitability is specifically defined as including only that which is due to "flood, fire or storm." Additionally, the agreement lists all other causes of renter’s inability to use the unit as the responsibility of the renter. Thus, there was and is no basis for refunding the renter's payment.

We are contemplating a class action lawsuit against RedWeek for its clear disregard of the facts and the rental agreement.

I totally agree with you. If you proceed with a class action suit, I am sure that many owners would join you. How do we keep in touch?

This company has no regard for the owners. They automatically side with the renter and offer full refunds even though the contract is supposed to protect both parties. I would never use this company again. Horrible customer service, all they want is your money for the listing fee. Once they have that they could care less about you.

stacyk81 wrote:

My renter was unable to go to my Aruba timeshare from 3/23-3/30/2020 due to Island not allowing any more USA citizens due to virus. He wants full refund that he paid me. Is he entitled to it? Tough times.

You sold him a service that you weren't able to offer, so yes you should refund him...

We have a issue with a rental for Aruba. Last week Aruba changed their Covid pcr test from 72 hours to 48 hours and without any notification even from red week rental. We had to cancel and we are losing 5800.00 which is not right during these unprecedented times. We sre Coming from a high risk country and could Not even get a test for 48 hours. Any suggestions here? Owner has not Responded and it has been 5 days .

You want the owner to refund you because you omit to buy a trip insurance?... Owner cannot be held responsible for PCR testing requirements changes...