Adventure North

Initial Business Response /* (1000, 8, 2015/09/28) */
[redacted]corresponding documents attached.
Dear Ms. **,
I received your letter dated August 3, 2015 Ms. [redacted]'s complaint regarding her reservation made here at Adventure North for the dates of July 11-18, 2015. I understand Ms....

[redacted] is upset and I am thankful for this opportunity to address the matter.
Ms. [redacted] made the reservation via phone approximately December 22, 2014 under the name of ** and [redacted] and was mailed the attached confirmation letter and rental agreement. As you will see both documents clearly state our deposit policy:
If you find it is necessary to cancel your reservation after submitting your deposit, we will refund your deposit once all cabins are booked at regular rate for the date of your reservation less a $40 administrative charge. If you find it necessary to cancel within 21 days of arrival, you will be responsible for the entire lodging and taxes.
After Ms. [redacted] received the confirmation letter and rental agreement she submitted her $300 deposit and the signed rental agreement in early January. The deposit received is evidence of offer and acceptance and is considered a binding pledge or retainer for the resort's security.
Contrary to what Ms. [redacted] writes, she called and cancelled her reservation on March 11, 2015, not in February. She aid the reason for the vacation was a honeymoon and that she and Ed were no longer getting married, hence no honeymoon. I let her know I was sorry and reiterated the deposit policy and let her know I would do everything I could to re-rent the cabin.
In the months to follow Ms. [redacted] called to check on the reservation several times and I informed her that as soon as the cabin re-rented I would let her know and that if she wanted to keep track she could also access our on-line availability calendar to see if the cabin had rented. She stated that she did not have a computer to check the on line calendar. During these conversations I empathized with her when she informed me she needed the money and she had recently been diagnosed with an illness. In early June 2015 she called and I discussed with her my amazement that the cabin had not re-rented yet, although we had missed the peak time of customer reservations which was during the 2014 Christmas season, the very same time she called and made her and Ed's reservation. I informed her about the extensive re-marketing I was doing to ensure the cabin re-rented and I continued to market it at her same rate to ensure her deposit was returned less the $40 fee.
During the time between March 11th and June 24, 2015 I re-marketed the same cabin, dates and rate she had agreed to pay in multiple ways:
1. Over 55 e-mails directly to people making inquiries specifically requesting a one bedroom cabin for two guests this summer. Please see attached examples.
2. On the resort business web site with the specific dates and regular rate.
3. On Explore Minnesota's web site-For 10 weeks running, offering the same cabin, dates and rate.
4. On our local Chamber of Commerce web site.
f5. On our blog, Facebook and Google+ pages. Spending addition marketing dollars to buy addition 'clicks' on Facebook. Se our blog www.AdventureNorthResort.com/news or Facebook page, May 27 post.
On June 24th, 2015 I gave Ms. [redacted] a courtesy call to let her know I would not have to reduce the rate of the cabin to try to get it re-rented and that she would not be receiving any portion of her deposit back. She was upset and I suggested she keep the reservation so as not to lose her deposit and her reply was that Ed had left her because she got sick and there would be no honeymoon, so this is the last place she would like to come because of the memories. I reminded her about the rental agreement that she had signed and that I must now reduce the rate and she would not be receiving any money back from her deposit.
Several days following our June 24th conversation I received a phone call from her 'friends'. An unknown woman called from Ms. [redacted]'s phone number and let me know that there was a group of friends that had gathered at her house to call me and ask for the deposit back. I told them that I had explained everything to Ms. [redacted] and she had also returned the signed rental agreement. I was badgered and asked how I could morally keep this money because of all the bad things that had happened this year to Ms. [redacted]. I then let the friends know I did not appreciate the 'intervention' they were trying to perform and I that I would now terminate the call.
Following that episode Ms. [redacted] wrote a letter to our Chamber of Commerce, painting me in an unfavorable light and providing incorrect factual information and outright mis-truths or lies.
Now we are here, at the Office of the Attorney General and I am asking for relief from the escalating letters and defamation that Ms. [redacted] has written resulting in an unwelcoming effect on our business.
I thank you for the time in this matter.
Sincerely,
Ms. Shay [redacted]
President, Adventure North Resort
[redacted]
Initial Consumer Rebuttal /* (3000, 10, 2015/09/29) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I do not accept the response as the owner lied to me and stated she would refund my deposit minus the $40.00 administrative charge. I notified her in February and she even then stated that she would have no problem renting it that length of time and thanked me for letting her know. I have had health issues that I explained to her and badly need my $260.00. She was very rude to me and would not admit to telling me she would refund $260.00.
Even the chamber people were upset that she was acting like this but from what I heard this is not the first time.
Now what kind of business person would not refund someone's money when first it is the right thing to do because you said you would refund all but $40.00 of it. Secondly I really need the money just to live on.
Please respond to this email as I cannot afford to lose this amount of money and others should be alerted to that person at that resort.
Final Business Response /* (4000, 12, 2015/10/09) */
[redacted], Mediation Coordinator
Revdex.com of Minnesota and North Dakota
220 S. River Ridge Cir
Burnsville, MN 55337
October 9, 2015
Dear Ms. [redacted],
Our business received your letter of September 30, 2015 regarding case number 57313631, Ms. [redacted]. I can clearly see Ms. [redacted] is upset with our deposit policy and I hope to provide more information to resolve this complaint.
My husband and I bought this 'Ma and Pa' small resort in 2001 and have just completed our 15th summer season. Being a small resort, we have been able to set ourselves apart by offering an exceptional customer experience, and would like to address Ms. [redacted]'s unfortunate experiences with our resort. This is the first time we have had a complaint about our resort and hope to be able to offer more information regarding our deposit policies.
Our business relies on renting our inventory, which is seven lake homes. In a nine week summer high season we need to take in over 50% of our annual revenue and we cannot afford cancellations. For this reason our legal counsel drew up our Rental Agreement which is a clear contract for our guests which lets them know exactly what to expect regarding our deposit policy. (Please see previously submitted Rental Agreement)
This Agreement is a contract between two parties - Ms. [redacted]' s acceptance of our offer to rent our cabin on the agreed upon terms. By having a Rental Agreement we are able to give our guests complete transparency regarding all our policies including our deposit policies. I did not deviate from our policy with Ms. [redacted], which says:
"If you find it is necessary to cancel your reservation after submitting your deposit, we will
refund your deposit once all cabins are booked at regular rate for the date of your reservation
less a $40 administrative charge. If you find it necessary to cancel within 21 days of arrival,
you will be responsible for the entire lodging and taxes."
Ms. [redacted] willingly signed this Rental Agreement and submitted it with her $300 deposit.
Please source MN Statutes 2015 336.2-206: Offer of Acceptance in Formation of Contract.
We also know we have a responsibility and incentive to do what we can to re-rent the cabin giving us the opportunity to refund Ms. [redacted]' s deposit, less a $40 administration fee for re-marketing and to make up for our lost revenue.
To fill Ms. [redacted]' s reservation we re-marketed the same cabin, dates and rate between March 11, 2015, when she called to cancel, and June 24, 2015. We did this in multiple ways:
1. Over 55 e-mails directly to people making inquiries specifically requesting a one bedroom cabin for two
guests this summer. Please see attached examples.
2. On the resort business web site with the specific dates and regular rate.
3. On Explore Minnesota's web site - For 10 weeks running, offering the same cabin, dates and rate.
4. On our local Chamber of Commerce web site.
5. On our blog, Facebook and Google + pages. Spending addition marketing dollars to buy addition 'clicks' on Facebook. See our blog www.AdventureNorthResort.com/news or Facebook page, May 27 post.
I realize that Ms. [redacted] did not like my answers during the multiple times we spoke on the phone, she found this as rude and I would like to extend a sincere apology to Ms. [redacted] for any frustration caused over this issue.
I hope the further explanation giving here with help her find that this issue has been resolved.
Sincerely,
Ms. Shay [redacted]
President, Adventure North Resort