Excalibur Commercial R.E. Svcs

MERCHANT RESPONSE TORE-DISPUTE I #*** *Little Lodge of La JollaIn this re-dispute from #***, the r~er claims they did not authorize a charge because she did notcompletely fill out the Rental Agreement.I count three signatures and seven initials.My lawyer reviewed tbe contract and felt this
agreement would be held as executed in any court be'sappeared in, in over forty years as an attorney. Importantly, the renter's first initial appears on tbe paragraph statingin bold I agree to pay the$1,non-refundable (per paragraph 16) reservation deposit"Additionally, in her email of August 18th, 2014, the renter asked "Is American Express an okay card touse?" .I replied "yes, that's ok for holding the dates."*** *** responded in a few hours by sending the executed Rental AgreementBy her own admission, she attempted to cancel the agreement within eighteen hours of executing andreturning it.*** *** claims I verbally told her the cancellation would not be a problemThat is not true.You can see in my email of August 20th that I state "***, l'm not sure you understand my position thatwe have a contract and you're bound by It's terms (per Paragraph 16),Paragraph states "In the event a cancellation notice is received less than thirty (30) days prior toscheduled occupancy date, Guest shall'be responsible for payment of the entire rental amount, with theexception of the cleaning fees." IMPORTANTLY, ONE OF *** ***'* SEVEN INITIALS IS ON THIS PARAGRAPH.The scheduled occupancy date was September 12th, and *** *** cancelled on August 20th, 2014,which is clearly less than thirty (30) days.Even though l was not required to, I made a significant effort to find a replacement renter, to try and get a .refund for *** ***I contacted all the prospective renters who I was workina with before *** ***booked those dates and I also ran multiple Craigslist addsUnfortunately, the previously interestedprospects had all made other commitments after I let them go (following the *** booking), and no nowprospects emerged.There is a binding Rental Agreement and the renter clearly consented to the payment.I've re-attached the Rental Ageement and the emails, along with my response to the original dispute{f*).Please let me know if any other information would be helpful.Sincerely,*** *** /Little Lodge of La Jolla***

Review: My family and I were looking for a place to stay for an extended weekend. I had talked to [redacted], the owner at Excalibur Commercial Real Estate and did fill out a contract to stay there, but after I realized that more people were going to be joining (16 instead of 11), I had to cancel. I canceled 18 hours after sending over the contract, which was 25 days prior to the reservation. I told [redacted], and he was upset, but said that he wouldn't charge me for the reservation. Then 2 days later, he sent an email saying I was “bound by terms” on the contract, he then charged me the entire $[redacted] for the reservation. I called him in tears as soon as I saw the charge, asking would he please refund me? Because had I known he was actually going to charge me, I wouldn't have booked the other place and made arrangements elsewhere. He told me he would refund me, but this wasn't typically the way he handled business. I even sent him an email, thanking him for refunding me. I emailed [redacted] asking where the refund was, and he said he didn’t know that the charge had gone through, and that he would be contacting the company and get back to me within a couple days. I never heard from him, and ultimately, my credit card company couldn’t refund me because I had filled out the contract. I called [redacted] again, and he was very upset. He told me that since I filed a dispute with the CC company, he wasn’t going to be refunding me. And the only reason he said he would refund me in the first place is because I was emotional on the phone and “fake crying”. He asked was I recording the conversation because he heard beeping on the phone. I wasn’t recording, but I wish I would have. He was threatening me, yelling, saying he would contact his lawyer and that I needed to let it go and own up to my mistake. I understand I had filled out a contract, but I don’t understand that he 1. Said he wouldn't charge me and 2. Charged me, then said he would refund me but never did.Desired Settlement: Please, [redacted], realize that you said you wouldn't charge me but that you did. After you did charge me, you told me that you would refund me but never did. You are causing me a huge financial strain on top of the emotional pain. You know per our phone conversations and emails that you would be refunding me. Please contact me and we can come to an agreement. Thank you.

Business

Response:

MERCHANT RESPONSE TORE-DISPUTE I #[redacted]Little Lodge of La JollaIn this re-dispute from #[redacted], the r~er claims they did not authorize a charge because she did notcompletely fill out the Rental Agreement.I count three signatures and seven initials.My lawyer reviewed tbe contract and felt this agreement would be held as executed in any court be'sappeared in, in over forty years as an attorney. Importantly, the renter's first initial appears on tbe paragraph stating. in bold I agree to pay the$1,754.13 non-refundable (per paragraph 16) reservation deposit"Additionally, in her email of August 18th, 2014, the renter asked "Is American Express an okay card touse?" .I replied "yes, that's ok for holding the dates."[redacted] responded in a few hours by sending the executed Rental AgreementBy her own admission, she attempted to cancel the agreement within eighteen hours of executing andreturning it.[redacted] claims I verbally told her the cancellation would not be a problem. That is not true.You can see in my email of August 20th that I state "[redacted], l'm not sure you understand my position thatwe have a contract and you're bound by It's terms (per Paragraph 16),Paragraph 16 states "In the event a cancellation notice is received less than thirty (30) days prior toscheduled occupancy date, Guest shall'be responsible for payment of the entire rental amount, with theexception of the cleaning fees." IMPORTANTLY, ONE OF [redacted]'* SEVEN INITIALS IS ON THIS PARAGRAPH.The scheduled occupancy date was September 12th, 2014 and [redacted] cancelled on August 20th, 2014,which is clearly less than thirty (30) days.Even though l was not required to, I made a significant effort to find a replacement renter, to try and get a .refund for [redacted]. I contacted all the prospective renters who I was workina with before [redacted]booked those dates and I also ran multiple Craigslist adds. Unfortunately, the previously interestedprospects had all made other commitments after I let them go (following the [redacted] booking), and no nowprospects emerged.There is a binding Rental Agreement and the renter clearly consented to the payment.I've re-attached the Rental Ageement and the emails, along with my response to the original dispute{f#[redacted]).Please let me know if any other information would be helpful.Sincerely,[redacted] /Little Lodge of La Jolla[redacted]