The Westin Ka'anapali Ocean Resort Villas

Initial Business Response /* (1000, 5, 2014/05/13) */
May 13, 2014
Dear Ms. [redacted]:
This communication comes in response to Mr. [redacted]`s complaint surrounding his June 20, 2013 purchase of contract # [redacted] at Westin Princeville Ocean Resort Villas. Thank you for allowing us the...

opportunity to review his concerns.

Consumer Affairs originally received Mr. [redacted]'s concerns on March 25, 2014, at which time he shared his perception of the conversations with Mr. [redacted]. Although we certainly appreciate Mr. [redacted]'s concerns, we cannot recreate the point of sales experience and must adhere to the terms and conditions as outlined in the Purchase Documents. The documents signed and acknowledged at the point of sale are meant to not only legally describe what was purchased but to also act as confirmation that all disclosures were made and that there was an understanding of the purchase, Please note our offices provided response to Mr. [redacted]'s concems on April 4, 2014 and April 21, 2014, which I have attached for your review.
In Mr. [redacted]`s complaint he states Mr. [redacted] made mention that we would "represent him" in regards to the resale of the vacation ownership interest. We regret any misunderstanding surrounding the term "represent", however, review of the Buyer's Certification states on Line 13:
You may sell or rent your Vacation Period but you must do it yourself. Neither the Seiler, nor the Association, nor the SVN Operator, or any related company has any duty to provide any form of rental or resale program or to repurchase your Vacation Ownership Interest. You cannot rent or resell to a Competitor of the Seller.
The Buyer's Certification goes on with Line #14: It is the policy ot the seller and its broker not to enter into oral agreements or make promises or representations that are not stated in the Contract Documents. You should not rely on oral agreements or promises in making your decision to buy your Vacation Ownership Interest.
Line #15: Your Vacation Ownership Interest is for your use and enjoyment. The seller make no representations about your Vacation Ownership Interest's potential for future profit, rental income, tax benefits, investment potential or other financial advantages.
However, should Mr. [redacted] decide to sell the vacation ownership going forward, Westin Princeville Ocean Resort Villas developer has "First Right of Refusal." This means if Mr. [redacted] receives an offer to buy the vacation ownership interest and wants to accept it, he must first notify the Developer before accepting the offer. The terms and conditions for this process can be found in the Owner information Book. I have attached the disclosure statement for your review.
As a sincere gesture of goodwill Resolution Services contacted Mr. [redacted] in an effort to provide assistance with his vacation ownership interest going forward. As a further gesture, we provided Mr. [redacted] 20,000 Starwood Preferred Guest Starpoints. We did this without obligation, in an effort to demonstrate our commitment to Mr. [redacted]'s satisfaction and as final resolve to his concerns.
Regarding Mr. [redacted]'s concerns surrounding the Starwood Preferred Guest Program (SPG), upon purchase Mr. [redacted] gained access to the Starwood Vacation Network Program, one of the enhancements of this program is Gold Preferred Level Membership with Starwood Preferred Guest. Use of the SPG Program is subject to the terms and conditions of use (attached) which can be found online at [redacted].
In our April 2, 2014 conversation Mr. [redacted] expressed concerns with the service level he received at an SPG Hotel Property, among other concerns with the program. We reached out to Consumer Affairs with Starwood Hotels who reached out to Mr. [redacted] in an effort to address his concerns. Mr. [redacted] contacted Mr. [redacted] in an effort to address his concerns and advised Starwood Preferred Guest is unable to recognize a Starwood Vacation Ownership Owner at the hotel level, and any upgrades requested would be a lateral upgrade, at the discretion of the property, as noted in the terrns and conditions of use. Mr. [redacted] offered to assist Mr. [redacted] with his next reservation.
During our April 18, 2014 conversation Mr. [redacted] expressed he was not satisfied with the level of service received by Starwood Hotels' Consumer Affairs representative, Mr. [redacted]. I offered to have Mr. [redacted]'s concerns escalated further at which time he declined stating he did not wish to discuss his concerns further.
Ms. [redacted], we have thoroughly reviewed Mr. [redacted]'s purchase documents and find no evidence to support allegations of misrepresentation. While we certainly regret Mr. [redacted]'s expressed disappointment, we have made every effort to address and provide resolve to his concerns. With that said, we respectfully decline Mr. [redacted]'s request for cancellation and refund of contract #[redacted].
Thank you again for allowing us to provide response. 1f I may be of further assistance, you may contact me at [redacted] or via email at [redacted].
Respectfully,
[redacted]
Consumer Affairs