Starwood Vacation Ownership

Initial Business Response /* (1000, 5, 2016/04/19) */
Dear Ms. [redacted]
This response is regarding Ms. [redacted]'s claims regarding the March 16, 2015 purchase of a Sheraton Vacations preview package and her request for a refund of all monies paid and to be removed from any future contact...

lists.
As we were not present during the purchase experience, we must rely on written terms and conditions provided to Ms. [redacted] at the time of the sale, as well as a time and date stamped written communication log in order to determine what occurred.
Account notes reflect that on March 20, 2015 at 9:16am Ms. [redacted] booked a reservation for 2/19/16 for 4 nights at Sheraton Vistana Villages in Orlando Florida. Ms. called back on October 5, 2015 to change travel dates and was advised of a $50 date change fee and during that conversation she was advised that new dates will be based on availability; therefore she advised to not make any changes.
On Nov. 6, 2015 at 11:50am Ms. called to cancel her February 2016 reservation, and was advised that a $50 change fee would be due prior to booking new dates. The reservation was cancelled at her request.
On January 7, 2016 at 3:52pm Ms. contacted the reservation team, speaking with [redacted] to request a reservation for June 19, 2016 for 4 nights; she was notified the dates were available, however she advised she would call back to book dates and pay the $50 cancel fee.

On February 5, 2016 Ms. booked June 19, 2016 for 4 nights, paid a $25 package extension fee as the package was due to expire prior to her travel; the date change fee was waived as a goodwill gesture.
On February 10, 2016 at 10:14am Ms. called to change dates to June 22, 2016 for 4 nights, and cancel fee was again waived as a final courtesy.

On April 8, 2016 at 2:07pm EST Ms. called to again change her reservation to April 9, 2016 check-in. There was no availability, as this was one day before check in. Ms. called back at 2:43pm requesting to speak with a manager as she explained she was able to find availability on Expedia.com. During that call the agent explained that there are different types of inventory; owner inventory, renter inventory, and Preview Packages inventory. Unfortunately, all Preview Package inventory had been booked by other guests. Additionally, per the package terms and conditions, (attached for your review) Preview reservations must be booked 90 days in advance of travel date and are on a "space-available" basis. As the reservation was not changed, she is currently booked for her June 2016 reservation.
Although we regret Ms. [redacted]'s expressed dissatisfaction we are not agreeable to refund her the package price, however we have honored her request to be removed from future preview offers.
Thank you for allowing an opportunity to review and respond to all concerns.
Sincerely,
[redacted]
SVO Consumer Affairs

This email comes in follow up to your correspondence dated November 2, 2016  surrounding the complaint filed with your office by Ms. [redacted]. Please be advised...

that a representative from our office ([redacted], Consumer Affairs Specialist) was previously in communication with Ms. [redacted]  on September 30, 2016 addressing this matter.   In summary, no confirmation was found in our review with Resort Leadership at Westin Desert Willow that a complimentary villa upgrade was offered to Ms. [redacted]. Ms. [redacted] elected to upgrade her villa and was billed accordingly in doing so. As a gesture of goodwill for any misunderstanding to the matter, Warren Jerome, Director of Operations spoke with Ms. [redacted] and extended her a partial refund in the total amount of $240  In addition, [redacted] extended 20,000 Starpoints  ($700 value paying $35 for every 1,000 points through spg.com) as an additional gesture of goodwill and in appreciation of the feedback shared. Incidentally, please know that Ms. [redacted] agreed to the offer of 20,000 Starpoints on September 30, 2016.   In conclusion, as we find that Ms. [redacted] received a total value of $940 as goodwill which our office is in agreement with, no further gestures will be given on this matter and Ms. [redacted]’s request for a refund in the amount of $915 has been declined.   Thank you for allowing us an opportunity to review your correspondence and provide a response. If you have any further questions, you may reach me directly via telephone and/or email.

Initial Business Response /* (1000, 8, 2016/02/16) */
We are in receipt of a complaint filed with your office on February 5, 2016 by [redacted], case# XXXXXXXX, requesting to cancel their Starwood Vacation Ownership contract XXXXXXX. Thank you for allowing an opportunity to respond to all...

claims.
Although we certainly appreciate Mrs. [redacted]'s shared feedback regarding her sales experience, as we were riot present during the purchase, I am unable to reference claims of any specific conversations, Therefore, I requested a copy of the file to review all documents associated with the purchase in order to understand what was sold. The documents signed at the point of sale are meant to not only legally describe the purchase but also act as confirmation that all disclosures were made and that they had an understanding of the sale,
Records reflect that on July 9, 2014 [redacted] and [redacted] purchased week #38, unit XXXXXin an annual 2-bedroom villa during high season at Sheraton Vistana Villages Orlando, Florida. The first use year for this ownership began in 2015,
While Mrs. [redacted]'s complaint makes claims or being threatened and pressured to buy the ownership, review of the signed Purchase Agreement (included) offered a 10-day period in which to cancel. Page 2 of the document states, "You may cancel this agreement without any penalty or obligation within 10 calendar days after the date you sign this agreement or the date on which you receive the last of all documents required to be given to you pursuant to Section 721.07(6), Florida Statutes, whichever is later." It is the responsibility of the Purchaser to take this time to review their Purchase Documents and identify if they wish to continue with the purchase and/or ensure that the Purchase Documents fall in sync with their point of sale experience. The cancellation process is also included in the signed Starwood Vacation Club Recei t for Vacation Ownershi ) Documents and Exchan e Corn an Documents.
Mr. and Mrs, [redacted] have a mortgage balance on their ownership and have made all payments on time as per the agreement. Currently. XXXX X-XXA fees are due in the amount of $1,295.53, which includes a $25.00 late fee as payment was due January 8, 2016. Both the signed Purchaser's Acknowledgement and Starwood Vacation Ownership Notification (included) explain I-10A fees, maintenance and taxes, and the manner in which they are to be paid.
Review of account history reflects that on February 5, 2016 Mrs. [redacted] contacted the Portfolio Services department to request a cancellation of the contract, indicating that their personal situation had changed since the purchase. During this conversation she was advised of resale information as well as ARDA information and website (American Resort Development Association).
It is clear that all information was provided at closing and they evidenced understanding of this information in the signed documents. In reviewing all documents we found that the facts support all appropriate disclosures. Accordingly, while we regret any disappointment, Starwood respectfully declines the re guest to cancel contract #XXXXXX.
With that said, as we value our owners, we offer to waive current late fees associated with the 2016 HOA dues, and once the I-10A fees are paid in full we will pay to deposit one week through Interval International for the loss of the 2015 use year due to non-use by the end of the year. Please know we do this without obligation, in an effort to demonstrate our commitment to satisfaction and as final resolve to all co teems.
Thank you again for allowing us to assist in this matter. Please contact me if you would like further information in order to bring closure to this file.

Dear Revdex.com: In response to Mr[redacted]'s rebuttal, we have confirmed that a manager from Sheraton Vacations has already reached out to Mr[redacted] and is addressing the concernIf you should have any further questions, you may reach me directly via telephone and/or emailRespectfully,
[redacted]
CONSUMER AFFAIRS SPECIALIST
OWNER SERVICES
T 4312 F
San Marco Court, Orlando, FL
VISTANA.COM |

This needs to be directed to our front desk management team. I am a concierge. Please call [redacted] to speak with someone.

Initial Business Response /* (1000, 5, 2016/03/01) */
Contact Name and Title: [redacted]
Contact Phone: [redacted]
Contact Email: [redacted]@starwoodvo.com
Dear Revdex.com:
This communication comes in follow up to the recent complaint filed with you by Ms. [redacted] surrounding...

her purchase of a Sheraton Flex vacation ownership.
In Ms. [redacted]'s correspondence, she describes purported oral material misrepresentations and deceptive conduct during the sale of the Sheraton Flex Vacations product. In summary, Ms. [redacted] states in her correspondence "when I signed the new contract stating that I was not going to be charged with maintenance fees".
Our review of documents signed by Ms. [redacted] for the purchase of the Sheraton Flex Vacations product provides evidence that appropriate disclosures were provided surrounding the fees associated with the purchase. We respectfully request your attention and reference of the Purchase Documents (attached) such as:
-Purchase and Sale Agreement
-Purchaser's Acknowledgment
-Truth in Lending Disclosure Statement
-Starwood Vacation Ownership Notification
-Receipt for Timeshare Documents
Concerning Ms. [redacted]'s comments that "when I signed the new contract stating that I was not going to be charged with maintenance fees", the total financial obligation, as an owner, in connection with the purchase of Ms. [redacted]'s vacation ownership includes the purchase price, administrative fee, annual assessments, Ad Valorem Taxes, SVN Exchange company fees, special assessments, and/or any other charges imposed by her Association. Ms. [redacted] may also find this information in her Purchase Agreement and Starwood Vacation Ownership Notification (attached) which highlights the estimated amount of her annual maintenance fees.
Further, Ms. [redacted] receives two bills in the mail for her annual maintenance fees as she owns two separate Sheraton Flex vacation plans under contract# XXXXXX. In addition, no confirmation was found that she was advised from the point of sale to only receive one annual bill for her two Sheraton Flex Vacation plans.
While we regret any misunderstanding Ms. [redacted] may have concerning her purchase, no evidence was found to support allegations of intentional and/or false misrepresentations. In conclusion, it is reasonable belief of the Seller that the documents and the oral representations did align as evidenced by the close of the purchase with no objections within the 10 day rescission period. Therefore, we must respectfully decline Ms. [redacted]'s request for a cancellation and/or refund of contract# XXXXXX.
Thank you for allowing us an opportunity to respond to your correspondence. If you should have any further questions surrounding this matter, please contact me directly via telephone and/or email.
Respectfully,
[redacted]
Consumer Affairs
Initial Consumer Rebuttal /* (3000, 9, 2016/03/11) */
(The consumer indicated he/she DID NOT accept the response from the business.)
My mom doesnt agree with them because since she signed the contract they told her that she would be getting not only an English version of the contract but also a Spanish version since she understand more Spanish than English. When she did the contract the whole talk she went through was in Spanish so she doesnt understand why the contract was in English. My mom says that if she would of known or someone would of told her about the maintenance fees she would have never signed the contract.
[redacted] (Daughter) Writer and translator.
Final Business Response /* (4000, 11, 2016/03/16) */
Dear Revdex.com:
This communication comes in follow up to Ms. [redacted]'s recent rebuttal filed with your office surrounding her vacation ownership purchase of a Sheraton Flex Vacations plan.
In response to Ms. [redacted]'s comments "they told her that she would be getting not only an English version of the contract but also a Spanish version", no confirmation was found from Sales Leadership that Ms. [redacted] was promised Purchase Documents in Spanish. In addition, Ms. [redacted] was presented with Purchase Documents in English and chose to sign said documents in acknowledgment of the terms/conditions of the purchase.
Again, we find that Ms. [redacted] had a 10 day rescission period to review her Purchase Documents. This was Ms. [redacted]'s opportunity to determine if she wanted to cancel the purchase. This was also the opportunity for Ms. [redacted] to ensure that she had a clear understanding of the terms/conditions of the purchase.
As we find that Ms. [redacted] was provided with appropriate disclosures surrounding the purchase which she signed and acknowledged, we must again respectfully decline Ms. [redacted]'s request for the cancellation/refund of said purchase.
Thank you for allowing us an opportunity to provide a final response to this matter.If you should have any further questions, you may reach me directly via telephone and/or email.
Respectfully,
[redacted]
Consumer Affairs
[redacted]@starwoodvo.com

Initial Business Response /* (1000, 5, 2016/07/08) */
Dear Ms. [redacted],
This is in response to Case #XXXXXXXX, received by our office June 30, 2016 regarding claims made by Ms. [redacted]. Thank you for allowing an opportunity to review and respond. Our research found that on June 30, 2008...

Mr. and Mrs. [redacted] purchased contract XXXXXX at Sheraton Vistana Villages in Orlando, Florida. The purchase included an annual 1 bedroom unit with first occupancy beginning in 2009. In 2014 the account became severely delinquent and our Loan Servicing Department made several attempts by phone and mail in order to advise and discuss next steps, however the account remained past due. Please note, after an account becomes over 120 days past due it is placed in a default status and the foreclosure process begins. The Fair Credit Reporting Act protects all consumers and as Vistana Signature Experiences (previously Starwood) remains fair and consistent with all owners, we are required to report accurate account information. Mr. and Mrs. [redacted] were sent notification of the foreclosure process by mail and email. were offered a -Deed in Lieu of Foreclosure" as a courtesy, in order to avoid court costs and fees involved in a foreclosure, which they accepted.
Although Mrs. [redacted] states in her communication, "Little did we know that it shows as a foreclosure on our credit" I have included a copy of the signed and acknowledged Deed in Lieu Agreement which on page 2 line 14 states, "We will follow standard industry practice and report to the major credit reporting agencies that your loan was settled for less than the full payment. We have no control over or responsibility for the impact of this report on your credit score. You may want to go to [redacted] to learn more about the potential impact of a deed-in-lieu of foreclosure on your credit."
Additionally, while Mrs. [redacted]'s feedback expressed that her credit report reflects as a foreclosure, we were able to confirm with Experian that the account shows as DEEDLIEU DELINQ 150 on both Mr. and Mrs. [redacted]'s reports. If they do not agree with this information they may wish to process a dispute through Experian