The Abelson Group

Complaint: [redacted] I am rejecting this response because: South Carolina Governor [redacted] ordered an evacuation for all coastal South Carolina, including [redacted] Head Island and [redacted] , effective on Wednesday, October 5, 2016, starting at 3 p.m. to ensure the safety of families, homes and businesses. [redacted] Code of Laws, Title 27, CHAPTER 50, ARTICLE 2 The South Carolina Vacation Rental Act, SECTION 27-50-260, Tenant compliance with evacuation orders, states “If state or local authorities order a mandatory evacuation of an area that includes a residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order.” The owner was notified early evening, October 4th, that we would vacate his property. At that time, the owner asked that we contact him and his cleaning crew when we left; and, that we take all the furniture off the two balconies and place inside the unit before we left. We complied with his requests. We asked specifically about a refund a couple of times and he always evaded the question. Several restaurants and businesses on [redacted] Head Island, where we were staying, were starting to close down on the evening of October 4th and practically all of the gas stations were out of fuel on the morning on October 5th. The owner has not even suggested a financial compromise other that a partial credit for the unused days to be given at a later date but I’m not interested in a credit since circumstances change as months (or a year) pass. I’m not asking for anything that’s not owed to me; however, if the owner could not offer all the amenities necessary, I don't think it is honest to take or keep my money. This is a situation where no one is to blame. The owner’s contract does not address Acts of God, or weather events that either damage the property or make the contract impossible to perform (access roads flooded or closed and/or businesses closed as a result of the weather). I’m simply asking that prepaid money be refunded, since the event that frustrated the lease was not only beyond the power of the both the owner and renter to control, but unforeseen. In addition, the owner makes no mention in the lease agreement for the renter to purchase travel insurance that covers the situation. If it is available, I also recommend the owner add wording in the lease to let renters know that they will not be reimbursed for mandatory evacuation and to suggest renters consider purchasing travel insurance. Again, I’m asking the owner to reconsider his position and refund the three unused days. Regards, [redacted]

I had spoken with someone in your office and was expecting to receive something like this from your office Glad to have a reminder The person filing the complaint was renting a condo from from me via another company I own So, this complaint has nothing to do with The ***
Group It involves *** Properties So, first, please transfer any documentation to *** Properties and away from The *** Group which is a management consulting firm where we do strategic planning and assist our clients procure, train, and build leaders within their organizations.This particular complaint concerns a rental of a property I own on *** *** ***, SC The guests decided to leave the rental early because of the oncoming hurricane *** They left either late Tuesday night or very early Wednesday morningI received an email from them with a date stamp of a little after 2am on the Wednesday morning The Governor of the SC had a voluntary evacuation starting at 3pm later that day At that point it was voluntary Most of the people I know did leave the Island, but waited until Thursday to do so Those filing a request did not ask if they could leave early They just left.Truthfully, none of this makes any difference They signed a contract for the rental for an entire week We do not and did not offer offer any type of trip cancellation If the guests wanted to guarantee against interruption of their trip they needed to secure trip cancellation from another party I have no idea of they did that or not The contract they have with us is very explicit regarding NO refunds unless they have that we will furnish them a refund I writing They have no assurances from me of a refund because a refund was never offered Here is a copy of the part of the contract that they agreed to that concerns refunds for unused nights The last sentence on the Cancellation/Refund Policy clearing states no refunds for unused nights unless you have written permission to vacate the property early Something they DID NOT have.Cancellation/Refund Policy:A. Cancellation Notice: Notice of any cancellation must be received in writing by letter or email no later than days before the lease term arrival date.B. Refund: Funds paid to date, less the non refundable $payment received at the time of booking, will be refunded if written notice of cancellation is received no later than days before lease term arrival date as stipulated in this lease agreement. Refund, if cancellation occurs within the 60-day period prior to your arrival date, will occur ONLY if we are able to re-rent the Property for the full period of your lease term at the rate agreed upon in this agreement or greater. If not, all monies will be forfeited. No shows without written cancellation notice will receive NO refund. A no show is considered to occur if the Guest has not arrived at the property (via their keyless entry assigned code) by AM of the morning after the arrival date noted in this lease agreement. The property may be rented to others in these cases. Unless you receive written notice from us in advance, Guests will not receive compensation for unused nights. C. Transfers: Guest(s) agrees that this lease may not be assigned or sublet. Breach of this condition will result in termination of the reservation and lease with no refund of any funds already received. Changing dates of the reservation, after deposit is received, is on an availability basis only and is at the discretion of the Owners. If the Owner becomes aware that the property has been assigned to someone else or sublet, the assigned or sublet occupant may be asked to leave immediately with no refund of rent, the Primary Guest may be assessed a charge of $to be paid from the security deposit, or both.Please let me know if you need anything else from me.*** ***

Complaint: [redacted]
I am rejecting this response because:  South Carolina Governor [redacted] ordered an evacuation for all coastal South Carolina, including [redacted] Head Island and [redacted], effective on Wednesday, October 5, 2016, starting at 3 p.m. to ensure the safety of families, homes and businesses.  [redacted] Code of Laws, Title 27, CHAPTER 50, ARTICLE 2 The South Carolina Vacation Rental Act, SECTION 27-50-260, Tenant compliance with evacuation orders, states “If state or local authorities order a mandatory evacuation of an area that includes a residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order.” The owner was notified early evening, October 4th, that we would vacate his property.  At that time, the owner asked that we contact him and his cleaning crew when we left; and, that we take all the furniture off the two balconies and place inside the unit before we left.   We complied with his requests.  We asked specifically about a refund a couple of times and he always evaded the question.   Several restaurants and businesses on [redacted] Head Island, where we were staying, were starting to close down on the evening of October 4th and practically all of the gas stations were out of fuel on the morning on October 5th.  The owner has not even suggested a financial compromise other that a partial credit for the unused days to be given at a later date but I’m not interested in a credit since circumstances change as months (or a year) pass. I’m not asking for anything that’s not owed to me; however, if the owner could not offer all the amenities necessary, I don't think it is honest to take or keep my money.   This is a situation where no one is to blame.  The owner’s contract does not address Acts of God, or weather events that either damage the property or make the contract impossible to perform (access roads flooded or closed and/or businesses closed as a result of the weather).  I’m simply asking that prepaid money be refunded, since the event that frustrated the lease was not only beyond the power of the both the owner and renter to control, but unforeseen.   In addition, the owner makes no mention in the lease agreement for the renter to purchase travel insurance that covers the situation.  If it is available, I also recommend the owner add wording in the lease to let renters know that they will not be reimbursed for mandatory evacuation and to suggest renters consider purchasing travel insurance.  Again, I’m asking the owner to reconsider his position and refund the three unused days.
Regards,
[redacted]