Eleven Mile Marina

[redacted] ***DATEOF RENTAL July 7, RE: Revdex.com Complaint Dear Mr [redacted] , I am in receipt of the Revdex.com Complaint you filedPlease be advised we are not a member of the Revdex.comI also believe you filed a negative online review/complaintI have had a chance to review your complaint, discussed the matter with my staff and State Park Manager, [redacted] As you are aware I was not present at the time of the incidentI did follow up with a call to you and in your complaint you mentioned we were not able to talk again on the phoneIt is curious you would take the time to write an extensive complaint to the Revdex.com and online as opposed to writing a formal letter of complaint to myself and the State ParkI can only assume your intention was to extort a refund and "duress" fees through bad complaints and reviewsHad you appealed to me directly in writing as is generally the case in dispute resolution before taking such action I may have had a different position but given the fact that you are shooting first rather than writing to me directly the following is my positionYou signed a rental agreement dated July 7, for a two hour rental: copy enclosedINHERENT DANGER: (paragraph 7) Lessee understands and agrees that craft operation is an inherently dangerous activity WARRANTY: (paragraph 11) Lessor provides no warranties of any kind whatsoever, expressed or implied as to the Craft FOUL WEATHER: NO CASH REFUNDS As I said in my message to you I could find nothing wrong with the boatMy theory is you crimped the fuel hose some how and that caused the motor to run out of gasOnce there was gas flowing the motor started right upYou apparently successfully operated the boat for at least one hour before having a problemOur Yamaha motors are new or recent and well maintainedI am therefore assessing the problem as "operator error"As far as the rescue, we do try to assist as soon as possibleWithout my presence my stsfr is directed to call the State ParkFirst one staff member attempted to go out but protocol requires two people so he returnedThe Park office was called immediately for assistance which rescue is their responsibility if we cannot assistApparently their boat was out of the water for service although they were in the process of putting in to go get you when you were towed in by a helpful boaterThey observed that happeningAlthough I apologize for whatever fear you may have felt given the circumstances, this is not a [redacted] boat rideI suggest you contact the State Park for not rescuing you to your satisfactionEveryone did return safelyThere will be no refund per contract or payment for duressSincerely,Lawrence F*

Complaint: ***
I am rejecting this response because:I tried to work this out with the business, and was given very little time with the owner. He had no interest in refunding the money that we paid for the boat rental, and he made this very clear from the get go when he spoke with his staff. The staff relayed the message to me "that the owner would not refund any money until he checked the boat out himself to make sure that it was nothing that I did." I waited to hear from the owner, whose first contact with me was about hours later. As we were on vacation at the Eleven Mile State Park, I did not get excellent reception and I missed his original call in which he stated his findings in a voicemail to me. That he did not find anything wrong with the boat and that he ran the motor and the boat for an extensive amount of time and had no problems, therefore would not be providing any refund (although his employee did state that he thought it was a bad hose.) I tried to call the owner back twice that day, and once again, leaving messages with no return phone call after the very first contact where he left a message. I know the owner would like to blame the bad hose on me, but I did nothing of the sort to damage the hose. I have no idea if the owner replaced the hose before he took it out to test, or even if he tested it at all, but again, his employees (two of them) looked at everything and could not figure out why the motor would not start. They seemed to do a pretty thorough diagnosis and were not able to figure anything out. I have rented boats many times, and have never been faced with such poor service and product. I call poor service the fact that, yes there is some "inherent danger" when you rent a boat, but under no circumstances do you expect to be literally stranded, with no response from the facility that you rented from. Not only did we call several times, and were told someone is on the lake looking for us, but a very friendly group also called and told his staff exactly where we were. We continued to wait for close to an hour, maybe more, calling in asking for help, asking for an update, only to be told they have no idea where we are. His staff seemed to have more important things going on than the safety of a year old, a year old and myself. Well I told them where we were, and so did the group that ended up eventually towing us in. I was not made clear of their protocol that people need to be present for any problems that occur. I would like add to my complaint that this information was extremely misleading, as I was told if we have any problems whatsoever, that I just call in on the walkie talkie and then he would come and get us. I feel they misrepresented this to me. I understand that the owner does not feel he needs to make anything right, as he clearly stated, but there is no extortion or duress. I just want to make sure no other family visiting Colorado has to deal with this, and I feel a full refund is the least he could do
Regards,
*** ***

[redacted]DATEOF RENTAL July 7, 2017 RE: Revdex.com Complaint Dear Mr. [redacted], I am in receipt of the Revdex.com Complaint you filed. Please be advised we are not a member of the Revdex.com. I also believe you filed a negative online review/complaint. I have...

had a chance to review your complaint, discussed the matter with my staff and State Park Manager, [redacted]. As you are aware I was not present at the time of the incident. I did follow up with a call to you and in your complaint you mentioned we were not able to talk again on the phone. It is curious you would take the time to write an extensive complaint to the Revdex.com and online as opposed to writing a formal letter of complaint to myself and the State Park. I can only assume your intention was to extort a refund and "duress" fees through bad complaints and reviews. Had you appealed to me directly in writing as is generally the case in dispute resolution before taking such action I may have had a different position but given the fact that you are shooting first rather than writing to me directly the following is my position. You signed a rental agreement dated July 7, 2017 for a two hour rental: copy enclosed. INHERENT DANGER: (paragraph 7) Lessee understands and agrees that craft operation is an inherently dangerous activity WARRANTY: (paragraph 11) Lessor provides no warranties of any kind whatsoever, expressed or implied as to the Craft FOUL WEATHER: NO CASH REFUNDS As I said in my message to you I could find nothing wrong with the boat. My theory is you crimped the fuel hose some how and that caused the motor to run out of gas. Once there was gas flowing the motor started right up. You apparently successfully operated the boat for at least one hour before having a problem. Our Yamaha motors are new or recent and well maintained. I am therefore assessing the problem as "operator error". As far as the rescue, we do try to assist as soon as possible. Without my presence my stsfr is directed to call the State Park. First one staff member attempted to go out but protocol requires two people so he returned. The Park office was called immediately for assistance which rescue is their responsibility if we cannot assist. Apparently their boat was out of the water for service although they were in the process of putting in to go get you when you were towed in by a helpful boater. They observed that happening. Although I apologize for whatever fear you may have felt given the circumstances, this is not a [redacted] boat ride. I suggest you contact the State Park for not rescuing you to your satisfaction. Everyone did return safely. There will be no refund per contract or payment for duress. Sincerely,Lawrence F[redacted]