Dear Mr*** & Mrs***, I am in receipt of your Revdex.com complaint filed on January 16, 2015. Please allow me to respond to your ownership cancellation request I show that you both purchased your Platinum point ownership on August 14, 2014. The
first usage year for your 240,Platinum point annual usage ownership was 2014. I reviewed your ownership notes. I do not show an ownership challenge listed in your ownership history. I show you have spoken to our Owner Services team to discuss the usage options and to deposit time with our exchange partner Interval International. There are no concerns listed in your ownership notes. Welk does not have a division that assists in the selling, taking-back or buying-back of your ownershipWelk Resorts has the Right Of First Refusal (ROFR), which is exercised or waived after you have accepted an offer from a third party. This means once you have a buyer, your escrow company will contact Welk and we have the option to match the offer or pay more. You would be required to have the buyer first and open escrow for the process to begin. Welk does not have a “give back” option for your ownership. If an ownership title is to change hands it typically has to be paid in full. Resale of your Welk ownership is specifically covered in the Buyer’s Acknowledgement of Representations, which both of you read, initialed, and signed. I am happy to provide you a copy of this document if needed. If you will refer to your initialed and signed “Buyer’s Acknowledgment of Representations” paragraph states as follows: Developer has no form of resale, repurchase, or refinance program, and no salesperson is authorized to make any representation to you that Developer, any affiliate of Developer, or any other entity will handle resale, repurchase, or refinance of your Vacation Ownership We understand how there may be misunderstandings in terms and conditions given verbally; therefore we cover everything thoroughly in our documents and disclosures. We know that you are given a large amount of information. That is why we legally allow you seven days to read your contract after the date you signed. If you wanted to cancel within that time you had the right to do so, for any reason Included in your documents were specific procedures on how to utilize your vacation ownership, as well as directions to cancel that same ownership. The instructions are specific that it must be done in writing within the defined timeframe. Unfortunately, since you have passed your legal rescission period, we cannot simply cancel your contract It is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under California law. I do not have a contract rescission option for your ownership commitment. Welk does not have a “take-back” program that would allow you to simply return your ownership to Welk. Our expectation is that you honor your ownership commitment to Welk Resorts. Our Owner Services team can help you with best practices for successful usage of the Interval International exchange program or planning a vacation at any of our Welk Resort locations. You both purchased this vacation ownership with the intent on using it for vacation travel. Please allow us to help you use your time. Please let me know how I can be of further assistance in this matter. Sincerely, *** *** Director of Consumer Affairs Welk Resorts ***
Welk Platinum Point Owner Number: *** Dear Mr& Mrs***, I show that your ownership is currently delinquent in your annual usage year owner obligated maintenance fee commitment. Regrettably, if you are unwilling to keep your ownership obligations current, collection activity and default proceedings may begin. The information to reach our Owner Services team is provided to you in your ownership documents. They are the team that will provide assistance with the usage and planning for the usage for your ownership. In your over three years as a Welk owner you have never contacted them for usage assistance. They are the group that would answer any of your questions in reference to either usage of your points for travel, exchange or the usage of our Owner Rental program. We take our service levels and company ethics very seriously. Contracts are created, signed and explained to protect both parties in a transaction. Not only did you both meet and talk to the Sales Person and Sales Manager, the Escrow Analyst also went through the documents with both of you independently during each of your purchase transaction. We want you to understand your purchase and rely on you, as the consumer, to read through your documents thoroughly. That is why we legally allow you seven days to review/read through them. We specifically have you initial and sign paragraphs/pages that fully explain your ownership and options. We review this information with you for the sole purpose of eliminating possible misunderstandings or confusion. You could have legally canceled anytime, and for any reason, within your legally allowed rescission period. Since you have passed your legal rescission period, contract cancellation is not an option. As for your demand that we rescind your contract, contract rescission is not an option. We expect you to honor the terms of your contractual ownership agreement. It is not Welk’s policy to cancel contracts that have passed the legally obligated rescission period. We will continue to assist you to the best of our abilities with your ownership, use, exchange and rental as applicable, but we will not nullify our contract with you. Sincerely, Hutch *** Director of Consumer Affairs Welk Resorts ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
In regards to Mr
***’s response, please explain why I tried to deposit my week, for two
weeks elsewhere, but was unable to do soAs for the fees, I was aware they
existed, but I was not aware that they would end up costing me so much this
program would become uselessThe sole purpose of this was to save money, with
all these ridiculous fees that is not possible; and that is if I was actually
able to book two weeksNone of this was explained by ***, ***, or anyone
else on your staff when I made the purchaseThat is the problem here!
Pertinent information was withheld or lied about in some cases
As for the voucher, I
called both Welk and the voucher company for assistance in using it and both
told me it was expired and there was nothing they could do about itSo again,
the information you are providing is vastly different than the rest of our
staff
And I did try to book a
stay for my family, and I was told no one can use it but me; even though your
contract and staff said otherwise
Mr***, as you can
obviously see your information is vastly different than my experiencesI have
gone through a lot of trouble to try and use this program like it was explained
to be, and not once has that happenedEven now your statements are vastly
different then what I had been told and what I have experienced and it seems
that is because you are trying to cover for your staff
My statements are the
actual events that took place and not the shoulda, coulda, wouldas, that you
are perpetuatingSo again, I ask Welk to cancel the contract and return my
moneyA lack of program in place does not prevent Welk from doing the ethical
thing hereYes we are going back in forth here, but that is because your staff
misrepresented this contract, which is costing me and will cost me a lot of
money, and I will not give up on thisNo company should force someone to lose
thousands to them when they clearly feel slighted and cheatedI am only asking
Welk to act like a decent, moral company; nothing more
Regards,
*** ***
Welk Platinum Point Ownership Number: ***
Dear Ms***,
I am in receipt of your Revdex.com complaint filed on October 3, asking Welk Resort Group to rescind your ownership obligation. Please allow me to address the points brought forth in your
complaint
I show that you became a Welk Platinum point owner on April 18, when you purchased 180,Welk Platinum owner points to be used on an every “even” year basis. The first usage year for your ownership is
I am sorry if there were any misunderstandings during your sales presentation. Welk is highly rated for owner/guest experiences and for the high trade value through the exchange companies. We take great pride in assisting our owners planning memorial vacations
Our records show that you have been in contact with our Owner Services team on a number of occasions for assistance in using your exchange benefits. You have an active pending request with Interval International to stay in Maui during the last week of December of 2014. I do not show any challenges or concerns with your ownership listed in your ownership historyAll of your contacts have been in reference to exchange usage. We do not have single contact that references you wanting to cancel your ownership.
Welk does not have a division that assists in the selling, taking-back or buying-back of your ownershipWelk Resorts reserves the Right Of First Refusal (ROFR), which is exercised or waived after you have accepted an offer from a third party. This means once you have a buyer, your escrow company will contact Welk and we have the option to match the offer or pay more. You would be required to have the buyer first and open escrow for the process to begin. Welk does not have a “give back” option for your ownership
You do have the option of trying to sell your ownership on the open market. Your ownership does have to be paid in full for the title to change hands. I would strongly advise you to do your research and not to deal with anyone that requests that you wire funds into an escrow account to open up the sales process. When dealing with any resale company, we also recommend that you never pay any high up-front fees (anything over $100) when listing your timeshare for sale as this has not proven successful for other owners
I can find no evidence of misrepresentations. We are an ethical company and cover everything thoroughly in our documents. We take our service levels and company ethics very seriously. Contracts are created, signed and explained to protect both parties in a transaction. During your presentation, not only did you meet and talk to the Sales Person and Sales Manager, the Escrow Analyst also went through the documents with you independently during your purchase transaction.
We want you to understand your purchase and rely on you, as the consumer, to read through your documents thoroughly. That is why we legally allow you seven days to review/read through them. We specifically have you initial and sign paragraphs/pages that fully explain your ownership and options. We review this information with you for the sole purpose of eliminating possible misunderstandings or confusion. You could have legally canceled anytime, and for any reason, within your legally allowed rescission period. Since you have passed your legal rescission period, contract cancellation is not an option.
As for your demand that we rescind your contract, it is not Welk’s policy to cancel contracts that have passed their legally mandated rescission period. Welk does not have a “take-back” program that would allow you to simply return your ownership to Welk. Welk Resorts will not be refunding monies to you that were paid toward your ownership obligations. We will continue to assist you to the best of our abilities with your ownership use, exchange and rental as applicable, but we will not nullify our contract with you. We expect you to honor the terms of your contractual ownership agreement.
The first year of ownership may seem difficult, especially when dealing with several different departments. Please know that our Owner Services team is here to assist you and guide you through your ownership to make sure you are enjoying it to the full potential. We will customize the ownership to fit your vacation needs, based on what you purchased.
Please allow us to help you use your time. If you need any assistance in booking a reservation, use of our Owner Rental program or help with using the Interval International exchange benefit please reach out to our Owner Services team @ 1-800-240-9342.
Please feel free to reach out to me with any further question or concerns regarding this matter
Sincerely,
*** ***
Director of Consumer Affairs
Welk Resorts
***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
In regard to our case #*** against Welk resort, we have not received a response from Welk, other than what you forward Friday, May while we were traveling out of stateWe by all means reject their second response which contains absently no substance. All this second response offers is for us to return to the fold and be happyWe will fax the documentation we speculate you are asking to receiveWe thought you had this previously. We will fax the letter that we sent them from the first response and their letter from our first letterWe have locate a business willing to fax data tomorrow May Please extend time line if needed. From the invoice we will fax, you can see where Welk wrote in the offer of $18,for Blue Green points and is not reflected in the cost of Welk, 240,pointsThey have yet to address this scamSince we have not received the letter they sent to you, we are going to respond to them by email tomorrow & we will send you a copy of it tooThank you *** & *** ***
CA Law Pertaining to a Voidable Contract While Intoxicated:An intoxicated individual MAY or MAY NOT be let out of a contract because of being intoxicated and the court has the capacity to do so just by stating that the signing party was intoxicated but many factors come into
considerationI have consulted an attorney I have to PROVE I was intoxicated You had to know I was intoxicated and possibly took advantage of me (Duress) I have documented medical conditions that impair my judgement and medication for them that greatly impairs my judgment which was stated to my salesmanI can prove all of these and therefore my contract is NOT VALID, should be VOIDED, and ALL monies returned in fullThese are the legal facts: I told the salesman and the front counter lady that my wife and I had been drinking Bloody Mary's and Mimosas all morning and we were very tipsy and feeling "really good" and they just laughed along before the presentation I told the salesman after the presentation and I smoke legal medical marijuana for multiple conditions including anxiety and was having an anxiety attack thinking of signing this contract and not feeling good after the alcohol I drank earlierHe laughed and said "we can solve that" and continued to converse about how much stronger pot has become nowadays and I should go calm down and we can have a whole bottle of champagne after we sign and that will make me feel better also Your salesman called over a golf cart to give me a ride to my car about a mile away to smoke some pot I had stored in my vehicle to calm me down The golf cart guy saw what I was doing and asked to smoke with me which we did sitting in my car for about minutes getting stoned and him offering me to buy some from him which I declined When I came back, the salesman said "feel better?" and laughedI said "thanks, yes my anxiety is a little better", to which he said "than let's get to it"Your salesman knew I was already intoxicated, not feeling well from drinking earlier, having an mental issue which totally incapacitates my brain with nothing but fear and then took part in providing me and encouraging me to go to my car and get stonedNot only did he know I was intoxicated and having a mental episode, but he took part and encouraged me to get more intoxicated before talking more about the "Great Opportunity"I do appreciate his compassion for letting me go to my car to medicate to relieve my panic condition and nausea but I think he had a different motivation knowing I was coming back stoned and knowing I already drank earlierMy judgement was highly impaired and my wife can testify to everyone of these facts since she was right there and had drinks with me also before signing this contractShe was also not feeling well and was there the whole time and just wanted to leaveShe heard and saw everything that dayI told the salesman repeatedly we could not afford any of these options he gave us but in my condition, and sales lies, it sounded like a good idea and was not able to contemplate the consequences and barely understood what I was agreeing toThe free airfare tickets you offered me when I haven't seen my family miles away in years almost made me cry and just another tactic to take advantage of meI did use them as they were a free gift from you, going to expire, and did not have any bearing in the contract.I have made many payments, hidden fees, unexpected improvement fees, dues, and I cant afford it anymoreI've never used the timeshare and I blamed myself for a long time but after consulting an attorney, what happened that day is almost criminal and the textbook definition of coercion and contract duressI can barely remember signing anything that day and can't even recall what I did signCancel my contract immediately as it is not valid and return all monies to me My next step is turning in my small claims packets for $each to the Indio, CA Courthouse and exercise my right to subpoena Welk employees as witnesses to my caseIf by some miracle I lose in small claims, I will seek representation from an attorney and go after you in civil courtI have all the time in the world to work on this case and nothing to loseDo you have the same?
Welk Platinum Point Owner Number: ***
Dear Mr& Mrs***,
I am in receipt of your Revdex.com complaint filed on November 9, 2014. I show that you both became Welk Platinum point owners on February 28, 2011. You have upgraded your ownership three
times. During the process of your upgrades Welk also liquidated another timeshare property on your behalf. Your last upgrade was done on August 19, 2014. You currently have a Welk Platinum point vacation ownership that consists of 420,Platinum points to be used on an annual basis starting in 2015.
Your last ownership upgrade changed your usage to an annual basis. This should resolve the booking window challenges for usage of your points. The booking window restrictions are clearly defined in your ownership contract. Moving to an annual contract should resolve the majority of your challenges
I am surprised to hear of any challenges with your ownership or the sales process. In your almost four years as a Welk owner I have no notes that reference dissatisfaction with your ownership. There are no ownership challenges in the history of your time as an owner. I also show no inquiries with our Owner Services team in reference to usage of our Owner Rental program
I apologize if there were any misunderstandings during your sales presentation. Welk is highly rated for owner/guest experiences and for the high trade value through the exchange companies. We take great pride in assisting our owners planning memorable vacations.
There are multiple packages to purchase, each with a different cost. Every deal is specific to the guest and the incentives offered on that dayPricing and incentives can change on a daily basis. I apologize if you felt pressured. The decision to purchase, as well as upgrade three times, was both of yours. You always have the right to leave at any time.
Welk does have an Owner Rental program. Our program allows you to put days/weeks into a rental pool to assist when you cannot travel or use. Our owners have used the program successfully to supplement their monthly and annual fees. Rental rates are based on unit size, season and weekend versus mid-week. The processing fees for Welk to advertise and rent your property are approximately 40%. The remaining roughly 60% is paid to you the ownerOur Owner Services team is here to help you with best practices for successful usage of our Owner Rental program. Again, your owner history does not show you have ever inquired about using or asked for assistance with using our Owner Rental program.
We are an ethical company and cover everything thoroughly in our documents. Every contract is negotiated personally and pricing, discounts and incentives can change daily. We take our service levels and company ethics very seriously. Contracts are created, signed and explained to protect both parties in a transaction. Not only did you meet and talk to the Sales Person and Sales Manager, the Escrow Analyst also went through the documents with both of you independently during each of your purchase transactions.
We understand that you are given a large amount of information on the date of sale. That is why we legally allow you seven days to read your contract after the date you signed. Included in your documents were specific procedures on how to utilize your vacation ownership, as well as directions to cancel that same ownership. If you wanted to cancel within that timeframe you had the right to do so. The instructions are specific that it must be done in writing within the defined timeframe. As for your request to terminate your contract, it is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under California law
Please know that our Owner Services team is here to assist you and guide you through your ownership to make sure you are enjoying it to the full potential. We will customize the ownership to fit your vacation needs, based on what you purchased. Please allow us to help you use your time. If you need any assistance in booking a reservation, use of our Owner Rental program or help with using the Interval International exchange benefit please reach out to our Owner Services team @ ###-###-####.
Please feel free to reach out to me with any further question or concerns regarding this matter
Sincerely,
*** ***
Director of Consumer Affairs
Welk Resorts
***@welkgroup.com
My timeshare (that is what it is, call it TIMESHARE) was, as I was told a return from a previous buyerI was told by the sales person that if I didn't want it, I could return itIt is a timeshare that has misrepresented itselfThe sales person told me that I could sell it back to them because the Welk was SO desirable and there were many customersIt was a misrepresentation and the Welk knew it because when I called, the lady said that it was an agreement between the sales person and IThat is misrepresentedI did not know I was entering a cult I could never get outIt is beyond my belief that the government keeps letting these things happenA customer could never sell it because they are being given away onlineUnacceptable and unethical!!
I tried talking to my host about days after and she informed me that I couldn't cancel itI tried booking something and couldn't because the dates were not availableEvery month that I am late, the Welk is not only charging me 16% interestThat is double the price in years, but $for each payment I am lateThere is no possible way I pay for all that and I might have to go bankrupt over one bad day when over a lie, I signed the Welk document!! Ridiculous!! I will accept nothing less than the return of your stupid timeshare and my money and nothing more owed!
*** ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Regards,
*** ***
Welk Platinum Point Owner Number: ***
Dear Ms***,
I am in receipt of your Revdex.com complaint filed on October 24, 2014. Please allow me to address the challenges that have been brought forth in your complaint
I show that you became a Welk
Platinum point owner on August 23, 2014. You purchased 120,Platinum points to be used on an annual basis starting in 2015. The first usage year is very clear in your ownership documents. I have included a copy of your contract for your review.
I am sorry if there were any misunderstandings during your sales presentation. Welk is highly rated for owner/guest experiences and for the high trade value through the exchange companies. We take great pride in assisting our owners planning memorial vacations
Everything within your ownership contract designates your first usage year as 2015. You need your Platinum ownership points to be able to stay at a Welk Resort location or to travel with our exchange partner Interval International and use your points for that travel. Your owner benefits would be in place for you to use the resort for day use, to stay at the resort under your special Platinum owner rental rates or use the getaways via Interval International. These are all travel options for you. If you wanted to pre-pay your maintenance fees you could use your points for to travel to a Welk Resort location or to deposit with Interval International prior to
The listings you are referring to is the “Getaways” program through Interval International. The “Getaways” are extra vacation opportunities at a discounted rental rate and are unlimited. To take advantage of those discounts, you would contact Interval International directly. All this information is outlined in the Interval International Membership packet that was mailed to you with their Resort Directory.
We understand that you are given a large amount of information on the date of sale. That is why we legally allow you seven days to read your contract after the date you signed. Included in your documents were specific procedures on how to utilize your vacation ownership, as well as directions to cancel that same ownership. If you wanted to cancel within that timeframe you had the right to do so. The instructions are specific that it must be done in writing within the defined timeframe. As for your request to terminate your contract, it is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under California law
Contract rescission is not an option. We expect you to honor the terms of your contractual ownership agreement. We will continue to assist you to the best of our abilities with your ownership, use, exchange and rental as applicable, but we will not nullify our contract with you
The first year of ownership may seem difficult, especially when dealing with several different departments. Please know that we are here to assist and guide you through your ownership to make sure you are enjoying it to its full potential. We will customize the ownership to fit your vacation needs, based on what you purchased. Please know that our Owner Services team is here to assist you and guide you through your ownership to make sure you are enjoying it to the full potential. We will customize the ownership to fit your vacation needs, based on what you purchased.
Please allow us to help you use your time. If you need any assistance in booking a reservation, use of our Owner Rental program or help with using the Interval International exchange benefit please reach out to our Owner Services team @ 1-800-240-9342.
Please feel free to reach out to me with any further questions or concerns in reference to this matter
Sincerely,
*** ***
Director of Consumer Affairs
Welk Resorts
***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Mr*** has in no way addressed my concerns, as is his standard evasion tactic, he has danced around my complaint copy pasting information.Fortunately, there are 100+ similar complaints regarding The Welk Group and their Director of Consumer Affairs H*** ***..The Welk Group did not provide full disclosure in the sale of their membership Which, binds every business transaction and requires the "whole truth" about any matter which the other party should know in deciding to buy or contract. My attorney has advised that there was in fact fraud in the inducement of a contract for failure to disclose a material fact(s).If you feel that you too are a victim of The Welk Group please contact me: ***
Regards,
*** *** ***
Welk Ownership Contract Number [redacted] Dear Mr. [redacted], I am in receipt of your Revdex.com complaint filed on January 30, 2015 demanding your ownership be rescinded and that Welk Resort Group refund any monies paid toward your ownership obligation. I felt I had...
specifically addressed your request for ownership rescission in my previous four letters to you. I am sorry if there were any misunderstandings. Welk is highly rated for owner/guest experiences and for the high trade value through the exchange companies. We take great pride in assisting our owners planning memorial vacations. Your ownership records show you became a Welk owner on November 11, 2011 when you purchased 90,000 Platinum ownership points to be used on an every “even” year basis. Your first usage year for your ownership was 2012. I apologize if you felt pressured, or felt that the sale process took an excessive amount of time. The sales presentation is 90 minutes. The purchase agreement negotiation, based upon the owner needs, pricing, discounts and incentives, takes additional time. Every contract is negotiated personally and pricing, discounts and incentives can change daily. You are only obligated to stay for the 90 minute sales presentation to receive your initial free gifts. You always have the right to leave at any time. I have reviewed your ownership history and I show no usage history during your time as a Welk owner. I show you spoke to our Owner Services team on August 8, 2012 and asked them to roll over your 2012 points for future usage. In December of 2013 you contacted us about selling your ownership and about setting up quarterly payments for your owner obligated maintenance fee commitment for your 2014 usage year. We have never had a usage challenge brought to our attention regarding your ownership. The items in your letter regarding resale of your ownership and investment value were covered in the Purchase Proposal, the Purchase and Sale Agreement, and the Buyer’s Acknowledgement of Representations, which you read, initialed, and signed. Paragraphs 2 & 4 state as follows: 2. The Vacation Ownership is being represented to the public as something to be used by you, your family and guests, and is not intended as something from which you may expect a profit or return in any way whatsoever. You understand that no representation of any investment potential of the Vacation Ownership has been made, including potential for rental income, for resale at a profit, or for any expected tax benefits. 4. Developer has no form of resale program, and no salesperson is authorized to make any representation to you that Developer, any affiliate of Developer, or any other entity will handle resale of your Vacation Ownership. Please allow me to clarify your exchange opportunities with Interval International. The “Basic Membership” for Interval International is included in your annual Maintenance Fee and is renewed automatically, per our contractual agreement with them. Welk pays for the upgraded Gold Membership for your first year of ownership. If you wish to renew the Gold Membership to have access to those additional services (Cruises, etc.), you would need to pay for subsequent years. Your ownership options include depositing a week with Interval International in exchange for a week anywhere in the world. When depositing with Interval, you will also receive a second week of vacation (any size villa requested, based upon availability) as a “Resort Accommodation Certificate” (bonus week). When you deposit your ownership with Interval, they will extend the expiration of the deposited week for two additional years. The bonus week from Interval International is good for one year. The point value of a week deposited into Interval International for exchange by our Branson owners is 90,000 points. I show your points were rolled over for future usage but you have never deposited with Interval international to use you exchange privileges or tried to book a stay at any of the Welk Resort locations within the Platinum Point Program. Your 90,000 Platinum points can be used for a full week stay in Branson or for a full week on exchange with Interval International. Welk does not have a buy-back program. I suspect you are confused about the developers Right Of First Refusal (ROFR), which is exercised or waived after you have accepted an offer from a third party. This means once you have a buyer, your escrow company will contact Welk and we have the option to match the offer or pay more. You would be required to have the buyer first and open escrow for the process to begin. The disclaimers that you reviewed when you purchased specifically cover that all the information has been personally reviewed by you, that you have received copies of all documents and that there are no other representations that are not covered in writing. We review this information with you with the sole purpose of eliminating possible misunderstandings or confusion. We understand that you are given a large amount of information on the date of sale. You are given a copy of your contractual paperwork on the day you become an owner. That is why we legally allow you five days to read your contract after the date you signed. Included in your documents were specific procedures on how to utilize your vacation ownership, as well as directions to cancel that same ownership. If you wanted to cancel within that time you had the right to do so. The instructions are specific that it must be done in writing within the defined timeframe. As for your request to terminate your contract, it is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under Missouri law. Please feel free to reach out to me directly with any further questions or concerns regarding this matter. Sincerely, [redacted] Director of Consumer Affairs Welk Resorts [redacted]@welkgroup.com
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved. This assumes that there are no more calls. I have been promised this before from [redacted], and it did not occur, I continued to get calls.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[redacted],
I am sorry that your records do not show that I have
contacted your company but fortunately for me there is something called a cell
phone that tracks every call made and received and every call I made was
via cell phone meaning I have proof of my calls. I would have
never contacted the Revdex.com and filed a complaint if I had not
did the things I previously stated I did or experienced the things
I previously stated I experienced and for you to say in so
many words the calls were never made because your records don't show explains
why your representative did the same thing and told me that these events didn't
take place. I highly recommend for you to call your own
company and see what type of service you get.
I understand the every other year vacation
and the 240,000 points, but as I said previously when I called trying to
see what was available and possibly redeem my points, customer
service was not available nor have they ever to this day returned my call, so
please explain when booking and/or redeeming points was to ever take place
prior to my complaint? When I called Interval International I was
told by them that there was a 7 day vacation but
no points and therefore if I wanted to use anything I would
have to once again contact Welk because there was no exchange or
points available. I then explained to him the representative, that I
had been unable to reach anyone at Welk and that I just needed a
hotel. He says "because you are a gold member I can give you a
number and they will give you the cheapest rates available and that's what I
did. So for you to say you don't have
any records of my calls insinuates you didn't fully investigate
because these events took placed and I booked at a
"2 STAR HOTEL" (but I'm a Gold Member and I pay
for 4-5 Star service) through the company Interval International gave me
and I have proof of that transaction as well.
It was my understanding from when my husband and
I attended the presentation at Welk Resorts in Branson, MO that
1) if we were to vacation in a state where your resort was not
located we could use the Interval International exchange to
book a hotel and it would be comparable to Welk Resort 4-5 STAR,
that wasn't the case. 2) I was also informed that in the event my husband and I
could no longer afford, or had some type of life event
and wanted to sell the timeshare the representative encouraged
us to contact Welk first to see if the company would
be interested in regaining ownership of their own property
rather than taking it public first. This obviously isn't even an
option where you would even consider regaining possession of your own
property and never has been which is also misleading.
3) Lastly, because I can go on and on, you said in
your response that your Owner Team Services are available to
help which is not the case either because as I typing
this response letter, I called one of the two or three numbers I
previously called trying to reach a representative and got the
same response I received a month ago "Please leave a message and
one of our representatives will call you back." Sir, I am not crazy,
I do not have time for games and I surely don't have the
money to just be giving it away especially to someone who obviously
doesn’t have owner customer service in place but making false claims that
they do. However, you are that company who clearly has collection
representatives in place.
I am requesting for your company to take possession of your
property and let us out of our contract as soon as
possible because your company has not turned out to be what you said
you were in the beginning. I do not want any of your representatives
to contact us about vacationing because when we needed your
assistance your representatives were not available; we don't
need your assistance after the fact. It should not be this
"difficult for first usage year of ownership" because it wasn't
"difficult" for you to run our credit, it wasn't
"difficult" for you to charge our credit card and it wasn't
"difficult" for you to collect your money monthly, so why in God's
name would it be "difficult" for us to reap the benefits of
what our money is paying for and what Welk Resort promised?
To set the record
clear before moving forward we are not experiencing any sort of financial
hardship, we simply want this contract to be severed and resolved because we
feel we have been lied to and have been scammed out of our money and I state
nothing but facts.
Regards,
[redacted]
Welk Platinum Point Contract # [redacted] Dear Mr. & Mrs. [redacted], I am in receipt of your Revdex.com complaint filed on January 30, 2015. Please allow me to address your concerns. I felt I specifically addressed your challenges in my letter to both of you...
dated September 17, 2014. We do not have the ability to liquidate your [redacted] property because there is still a balance owed on the mortgage. Go Properties made this clear in their communication with you. If there is a mortgage balance remaining on a property it needs to be paid off to be liquidated. In my above referenced letter I also requested you provide documentation regarding any recent health challenges you may be having so I could forward your information to our Loans division so they could evaluate your ownership for a possible hardship claim. I have never received those documents. We do have a hardship committee that may be able to assist you in light of your recent challenges. I cannot guarantee a result but it would be worthwhile for them to at least consider your circumstances. At stated previously, please e-mail me or reach out to me directly in writing at the address below. With your permission, I will forward your information to our hardship committee and ask for them to reach out to you directly and determine if they can provide you with assistance. In the interim, you need to make sure to keep your contractual ownership obligations to Welk Resort Group current in reference to your mortgage commitment and owner obligated usage year maintenance fees. I do not have a cancellation option for your ownership. We understand that you are given a large amount of information on the date of sale. That is why we legally allow you five days to read your contract after the date you signed. Included in your documents were specific procedures on how to utilize your vacation ownership, as well as directions to cancel that same ownership. If you wanted to cancel within that timeframe you had the right to do so. The instructions are specific that it must be done in writing within the defined timeframe. As for your request to terminate your ownership contract, it is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under Missouri law. Please let me know how else I can be of assistance in this matter. Sincerely, [redacted] Director of Consumer Affairs Welk Resorts [redacted].[redacted]@welkgroup.com
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I do
appreciate that Welk Resorts has replied. Unfortunately, Mr. [redacted]’s previous
communications did not resolve anything, and this newest response is no better.
I am sure Mr. [redacted] is aware of this as I continuously contacted him by email
requesting each time to have this contract cancelled and my money returned.
I find
it odd Welk continues to try and claim they are a company in high standings yet
they refuse to release me from this agreement after I have spent months
explaining the entire premise of my decision to purchase was based on lies.
I am
unsure why Welk has no information on my attempts to book, as this was done
several times; leading me to realize many of the lies I was told. Please allow
me to explain those attempts again:
The Sales Proposal form contained in the
Welcome Packet lists a “2 for 1 Exchange” benefit. [redacted] explained this as meaning if I decided
to trade in my week to visit anywhere other than San Diego (through Welk or
Interval), for a fee, I would receive two weeks at the alternate location in
exchange for my one week at San Diego, and it would not count against my week
at San Diego. This turned out to be
completely false. I called to trade in
my San Diego week for two weeks at Palm Springs, only to be told that not only
would I not receive the additional week, but I would also lose my week, even if
I paid the $249-$349 fee listed on the Sales Proposal.
We were told we had one year to use the
vouchers for the Catalina trip and the Hornblower cruise. When I sent in the voucher for the Catalina
trip, I received a letter back indicating the trip was accompanied by an extremely
short expiration date of 21 days and we were not able to make arrangements to
take the trip before it expired. The baseball game voucher was equally as
restrictive. We were give a choice of
two dates, but both were less than one month away. Again, we were not able to make arrangements
in such a short amount of time.
[redacted] and [redacted] had told us during the
presentation that as an added perk, our friends and family could use our
timeshare at no additional cost, or they could book a trip on their own at a discount,
as long as they provided our names to the booking agent. Item number 2 of the Buyer’s Acknowledgement
of Representations even states, “The Vacation Ownership is being represented to
the public as something to be used by you, your family, and guests…” I called the reservations office later to ask
about allowing family members to use the timeshare, only to be told I could not
let anyone else use it, in direct contradiction to item number 2.
I do
not need clarification with these issues. I need to be freed from this contract
since it clearly cannot be used as originally promised. I also can travel on my
own with much more ease, and clearly for less money.
I can
assure you my problems do not stem from miscommunications like Welk continues
to claim. This entire program was misrepresented; it is that simple. Therefore,
I want to give it back to Welk and have my money returned. As Welk has stated I
have not used this so I have not really incurred any charges and I am sure Welk
can just sell this to someone else for just as much, if not more, money.
I am in receipt of your Revdex.com complaint filed on October 11, 2014. Please allow me to address the points brought forth in your complaint.
I show that you originally became a Welk Platinum...
point program owner on January 8, 2012 when you purchased a 120,000 Platinum Point annual usage vacation ownership. The first usage year for your ownership was 2012. You upgraded your Platinum Point ownership on March 15, 2012 to 240,000 Points to be used on an annual basis. The first usage year for your upgraded ownership was 2012.
I am sorry if there were any misunderstandings during your sales presentation. Welk is highly rated for owner/guest experiences and for the high trade value through the exchange companies. We take great pride in assisting our owners planning memorial vacations.
I show that you have stayed at our Welk Resort San Diego location on multiple occasions. I apologize if there were some challenges when you stayed at the resort.
I have reviewed your full ownership records for the entirety of your ownership. I show you have spoken to our Owner Services team on multiple occasions about your maintenance fee payments and possibly using our Owner Rental program. There are no notes within your ownership history that state you are unhappy with your ownership. Additionally, you have never spoken to our Owner Services team about depositing your time with Interval International for exchange. They are the team that would handle your deposits for exchange. You would be unable to use your exchange benefits if no time has been placed into exchange.
I would be happy to check into any referrals you gave our company. If any have closed escrow we absolutely want to make sure you receive credit for any referral that bought here at Welk Resort. My e-mail address is listed at the bottom if this letter. Please reach out to me directly with that information and I will have my sales team investigate your referrals. I do not show you have ever spoken to anyone with our Owner Services team about a challenge regarding your referrals
Welk does not have a buy-back program. We do have the developers Right Of First Refusal (ROFR), which is exercised or waived after you have accepted an offer from a third party. This means once you have a buyer, your escrow company will contact Welk and we have the option to match the offer or pay more.
You would be required to have the buyer first and open escrow for the process to begin. Welk does not have a “give back” option for your ownership. If an ownership title is to change hands it typically has to be paid in full.
We understand how there may be misunderstandings in terms and conditions given verbally; therefore we cover everything thoroughly in our documents and disclosures. We know that you are given a large amount of information. That is why we legally allow you seven days to read your contract after the date you signed. If you wanted to cancel within that time you had the right to do so. Included in your documents were specific procedures on how to utilize your vacation ownership, as well as directions to cancel that same ownership. The instructions are specific that it must be done in writing within the defined timeframe. Unfortunately, since you have passed your legal rescission period, we cannot simply cancel your contract. I have included a copy of the last page of your purchase contract for your review.
As for your request to terminate your contract, it is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under California law. I do not have a contract rescission option for your ownership commitment. Welk does not have a “take-back” program that would allow you to simply return your ownership to Welk.
I would be happy to have our Owner Services team assist you with any questions regarding your ownership. Please know that we are here for you to help guide you through your ownership and make sure you are enjoying it to its fullest potential. We will customize the ownership to fit your vacation needs, based on what you purchased.
Please let me know how else I may assist you.
Sincerely,
[redacted]
Director of Consumer Affairs
Welk Resorts
[redacted]
RE: Welk Platinum Point Ownership Number P-[redacted] Dear Mr. [redacted], Mrs. [redacted] & Mr. [redacted], Please allow me to start my to start this by letting you know that my intention was certainly not to insult you in any way with my initial response. You mention that we do not advertise our Owner Rental program. The purpose of your ownership is vacation travel. We focus on the usage of your ownership for vacation travel. We are happy to help if there is a need for our Owner Rental program but it is certainly secondary to the focus of our agents. Our Owner Services agents will help you primarily with vacation travel and secondarily with ownership rental. We do not actively ask our owners if they would like to rent out their vacation time. There are a number of exchange companies that can be used for exchange travel. We choose to partner with interval International. We have partnered with RCI previously. If for some reason, and this is incredibly unlikely, Interval International went out of business we would find another exchange partner. I am happy to have one of my senior Owner Services agents fully explain the best practices for effective exchange travel using your Welk ownership. I was not present at your sales presentation so I cannot assume what was said and what was taken away from the conversation. We use the signed documentation as the documents of record because it effectively eliminates the issue of any verbal promises that may lead to a misunderstanding regarding your ownership. Contracts are created, signed and explained to protect both parties in a transaction. This information was reviewed with you during each of your purchase transactions. I can’t speak to the employment history of one of our employees or to the reason that she may no longer be part of the company. I am happy to have a senior Owner Services agent personally assist you with your travel needs. They will help with the booking of a stay at any of our Welk resort locations or they can assist you with usage of your exchange benefits. I do understand the frustration of not being sure of exactly what you purchased. I would like to have someone personally assist you in getting all you can out of your ownership. Please let me know what will work best for all of you. Best regards, [redacted] Director of Consumer Affairs Welk Resorts [redacted]@welkgroup.com
Welk Tour ID #: [redacted] Dear Mr. [redacted], I do show that you toured with Welk Resorts on October 19, 2014. I also show you were issued gift vouchers on that same day. I am more than happy to assist you with the redemption of your gift vouchers. We want you to...
use your gifts. There are specific steps that need to be taken when redeeming your gift vouchers. The redemption process, terms and conditions are outlined in the information given with the vouchers. Our redemption partner successfully sends thousands and thousands of our guests on wonderful gifted excursions on an annual basis. I have forwarded your information, along with the details of your challenges, to my gifting department. They will reach out to you directly and provided assistance. Please feel free to reach out to me directly with any further questions or concerns. Sincerely, [redacted] Director of Consumer Affairs Welk Resorts [redacted]
Welk Platinum Point Ownership Number [redacted] Dear Mr. & Mrs. [redacted], I am in receipt of your Revdex.com complaint filed on March 28, 2015 and asking Welk Resort group to cancel your ownership and that all monies paid to Welk be returned to your credit card. ...
Please allow me to address your request. Our records show that you became Welk Platinum Point owners on October 5, 2014 when you purchased 240,000 Platinum owner points to be used on an every “odd” year basis starting in 2015. There is no usage history for your ownership. I do not show you have ever deposited your time with Interval International for exchange usage. I do not show you have contacted our Owner Services team regarding usage of Interval International. There are thousands of resort choices worldwide and Welk demands a very high trade value. The process is that you choose a resort destination, have several date choices and call Interval International. They will check availability. If nothing is available at that moment, they will start a “pending search” by collecting the exchange fee. Their system searches 24 hours a day, seven days a week. As soon as a match is found, they will generate an instant confirmation. More than 73% of our owners receive a confirmation within 48 hours. The opportunity to book an exchange reservation is based upon villa availability. If there is no villa available for your requested vacation time and location, there is nothing Welk can do to make space available. We will work diligently to assist in the exchange process on your behalf at a resort of your choosing to fit your vacation needs. Welk does not control availability at another resort within the Interval International exchange program. The referral by Interval International to another portion of their program not related to exchange travel is not a matter Welk would control. We are happy to assist you with the usage of your exchange benefits, which start with you making an exchange deposit. Certain times of the year and locations within the exchange program will be in higher demand than others, resulting in less availability. You may need to place a request much further in advance, based on your desired travel location and dates. The best way to combat this is to start a pending search. As stated above, Interval International’s system will search for you 24 hours a day for a match to fit your vacationing needs. If a choice match becomes available you will be notified immediately via confirmation that your request has been fulfilled. Again, for any of this to happen, you have to begin by depositing your time and then submitting a pending search to Interval International. All exchange usage is on a space available basis. This is clearly covered in your ownership documents. The exchange fee for usage of a deposited week with Interval International will range from $169.00 - $189.00. When you use an Interval International bonus week the fees will range from $249.00 to $449.00 based on the size of the villa. These are two separate fees for two separate events. The fees are associated with your deposited Interval International week and the fees for usage of your bonus week that you receive with each Interval International deposit. These fees are not combined. They are separate fees depending on which Interval exchange option you want to use. It is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under Missouri law. I do not have a contract rescission option for your ownership commitment. Welk does not have a “take-back” program that would allow you to simply return your ownership to Welk. The first usage year of ownership may seem difficult, especially when dealing with several different departments. As stated above, I do not show any usage for your ownership. I apologize for the challenges you have encountered. Please know that our Owner Services team is here to assist you and guide you through your ownership to make sure you are enjoying it to the full potential. We will customize the ownership to your vacation needs, based on what you purchased. Our Owner Services team can help you with best practices for successful usage of the Interval International exchange program or planning a vacation at any of our Welk Resort locations. They can be reached at 800-240-9342. I can also have a team member reach out to you personally. You purchased this vacation ownership with the intent on using it for vacation travel. Please allow us to help you use your time. Please let me know how I can be of further assistance in this matter. Sincerely, [redacted] Director of Consumer Affairs Welk Resorts [redacted]
Dear Mr. [redacted],Referencing Revdex.com complaint number [redacted] In relationship toWelk Ownership number [redacted].I am just now reading your response forwarded from The Revdex.com serving San Diego, Orange and Imperial Counties, as I received It In the mall today. The cover letter from the Revdex.com was dated 12122/14 and the coverletter notes that I must make a response within 7 calendar days, or the Revdex.com will assume the dispute has been resolved. Today is the 7th calendar day, so I will make a quick response and get this response faxed to the Revdex.com in short order, as Ifeel it is imperative to keep this Issue open and reach a proper resolution.I have read the contract my mother and aunt {[redacted]. and [redacted] **) signed with Welk Resorts and I have had extensive conversations with them about their dealings with Welk Resorts. They both remember NO mention of a 5 day window to rescind the contract with Welk Resorts. The contract they signed, which Ihave reviewed page by page, does not have a place to initial the understanding of that statement. Other paragraphs do, but this very Important piece of information does not. Also, if you have looked at documentation Of the many times my mother and my aunt havecommunicated with representatives of Welk Resorts, there will also be documentation of their multiple calls stating desire to get a full refund and end all association with WelkResorts. These calls were made long before the September 4, 2014 communication you received from me. In fact, In the summer, I made a phone call and spoke with Ms. [redacted], at the corporate office, personally. I asked her to look up some of the notes made while representatives were on the phone with my aunt. She looked them up and told me that there were several calls made by my aunt to Welk Resorts employees in which she told them of her terrible experience with Welk Resorts and asking for their money back and wanting no further business dealings with Welk Resorts. My motherand aunt were not given what they were told they would receive when speaking with Welk Resorts when first speaking with them in Branson, Missouri. We feel this is misrepresentation. They were told that they would be given a "travel agent experience" by a particular salesman, [redacted] He gave them his personal cell phone number when at the business table in Branson, and told them he would function as a travel agent for them. When they called him to arrange some travel, he stated he had been fired. He no longer worked for the company. So, In closing, let me be concise and clear. My mother, [redacted]. and my aunt,[redacted] **, will never take one trip through Welk Resorts. They do not trust WelkResorts. Period. As noted multiple times, they want nothing more to do With WelkResorts. If there was a 5 day period In which they could rescind the contract, then It IsWelk Resorts RESPONSIBILITY to ADEQUATELY COMMUNICATE this Information tothem. Communication In Its most basic sense Includes the giving AND RECEIVING ofinformation. They never "received", "understood"' or "remembered" this important pieceof information. All this aside, they were told by the salesman that he would be theirpersonal travel agent. He gave them his direct, personal phone number and told themthat he would do all their arrangements. This, clearly, Is misrepresentation of services.They did not receive what they were told they bought. They thought they bought atravel agent experience. What they got was a maze of points, transfers and cataloguecodes. At 77 and 76 years old, they made It very clear when speaking with thissalesman, that they did not want to deal points, scheduling and such. They wanted atravel agent-type experience and he ensured they would get it. They trusted him. Please excuse any lack of organization In this letter. I am writing this letter in only a fewminutes and It may not contain everything I would have liked to include, but in view ofthe short time frame In which I must respond, this will have to do.I appreciate your timely response and look forward to working to resolve this issue.Thank you,[redacted]
Dear Mr*** & Mrs***, I am in receipt of your Revdex.com complaint filed on January 16, 2015. Please allow me to respond to your ownership cancellation request I show that you both purchased your Platinum point ownership on August 14, 2014. The
first usage year for your 240,Platinum point annual usage ownership was 2014. I reviewed your ownership notes. I do not show an ownership challenge listed in your ownership history. I show you have spoken to our Owner Services team to discuss the usage options and to deposit time with our exchange partner Interval International. There are no concerns listed in your ownership notes. Welk does not have a division that assists in the selling, taking-back or buying-back of your ownershipWelk Resorts has the Right Of First Refusal (ROFR), which is exercised or waived after you have accepted an offer from a third party. This means once you have a buyer, your escrow company will contact Welk and we have the option to match the offer or pay more. You would be required to have the buyer first and open escrow for the process to begin. Welk does not have a “give back” option for your ownership. If an ownership title is to change hands it typically has to be paid in full. Resale of your Welk ownership is specifically covered in the Buyer’s Acknowledgement of Representations, which both of you read, initialed, and signed. I am happy to provide you a copy of this document if needed. If you will refer to your initialed and signed “Buyer’s Acknowledgment of Representations” paragraph states as follows: Developer has no form of resale, repurchase, or refinance program, and no salesperson is authorized to make any representation to you that Developer, any affiliate of Developer, or any other entity will handle resale, repurchase, or refinance of your Vacation Ownership We understand how there may be misunderstandings in terms and conditions given verbally; therefore we cover everything thoroughly in our documents and disclosures. We know that you are given a large amount of information. That is why we legally allow you seven days to read your contract after the date you signed. If you wanted to cancel within that time you had the right to do so, for any reason Included in your documents were specific procedures on how to utilize your vacation ownership, as well as directions to cancel that same ownership. The instructions are specific that it must be done in writing within the defined timeframe. Unfortunately, since you have passed your legal rescission period, we cannot simply cancel your contract It is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under California law. I do not have a contract rescission option for your ownership commitment. Welk does not have a “take-back” program that would allow you to simply return your ownership to Welk. Our expectation is that you honor your ownership commitment to Welk Resorts. Our Owner Services team can help you with best practices for successful usage of the Interval International exchange program or planning a vacation at any of our Welk Resort locations. You both purchased this vacation ownership with the intent on using it for vacation travel. Please allow us to help you use your time. Please let me know how I can be of further assistance in this matter. Sincerely, *** *** Director of Consumer Affairs Welk Resorts ***
Welk Platinum Point Owner Number: *** Dear Mr& Mrs***, I show that your ownership is currently delinquent in your annual usage year owner obligated maintenance fee commitment. Regrettably, if you are unwilling to keep your ownership obligations current, collection activity and default proceedings may begin. The information to reach our Owner Services team is provided to you in your ownership documents. They are the team that will provide assistance with the usage and planning for the usage for your ownership. In your over three years as a Welk owner you have never contacted them for usage assistance. They are the group that would answer any of your questions in reference to either usage of your points for travel, exchange or the usage of our Owner Rental program. We take our service levels and company ethics very seriously. Contracts are created, signed and explained to protect both parties in a transaction. Not only did you both meet and talk to the Sales Person and Sales Manager, the Escrow Analyst also went through the documents with both of you independently during each of your purchase transaction. We want you to understand your purchase and rely on you, as the consumer, to read through your documents thoroughly. That is why we legally allow you seven days to review/read through them. We specifically have you initial and sign paragraphs/pages that fully explain your ownership and options. We review this information with you for the sole purpose of eliminating possible misunderstandings or confusion. You could have legally canceled anytime, and for any reason, within your legally allowed rescission period. Since you have passed your legal rescission period, contract cancellation is not an option. As for your demand that we rescind your contract, contract rescission is not an option. We expect you to honor the terms of your contractual ownership agreement. It is not Welk’s policy to cancel contracts that have passed the legally obligated rescission period. We will continue to assist you to the best of our abilities with your ownership, use, exchange and rental as applicable, but we will not nullify our contract with you. Sincerely, Hutch *** Director of Consumer Affairs Welk Resorts ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
In regards to Mr
***’s response, please explain why I tried to deposit my week, for two
weeks elsewhere, but was unable to do soAs for the fees, I was aware they
existed, but I was not aware that they would end up costing me so much this
program would become uselessThe sole purpose of this was to save money, with
all these ridiculous fees that is not possible; and that is if I was actually
able to book two weeksNone of this was explained by ***, ***, or anyone
else on your staff when I made the purchaseThat is the problem here!
Pertinent information was withheld or lied about in some cases
As for the voucher, I
called both Welk and the voucher company for assistance in using it and both
told me it was expired and there was nothing they could do about itSo again,
the information you are providing is vastly different than the rest of our
staff
And I did try to book a
stay for my family, and I was told no one can use it but me; even though your
contract and staff said otherwise
Mr***, as you can
obviously see your information is vastly different than my experiencesI have
gone through a lot of trouble to try and use this program like it was explained
to be, and not once has that happenedEven now your statements are vastly
different then what I had been told and what I have experienced and it seems
that is because you are trying to cover for your staff
My statements are the
actual events that took place and not the shoulda, coulda, wouldas, that you
are perpetuatingSo again, I ask Welk to cancel the contract and return my
moneyA lack of program in place does not prevent Welk from doing the ethical
thing hereYes we are going back in forth here, but that is because your staff
misrepresented this contract, which is costing me and will cost me a lot of
money, and I will not give up on thisNo company should force someone to lose
thousands to them when they clearly feel slighted and cheatedI am only asking
Welk to act like a decent, moral company; nothing more
Regards,
*** ***
Welk Platinum Point Ownership Number: ***
Dear Ms***,
I am in receipt of your Revdex.com complaint filed on October 3, asking Welk Resort Group to rescind your ownership obligation. Please allow me to address the points brought forth in your
complaint
I show that you became a Welk Platinum point owner on April 18, when you purchased 180,Welk Platinum owner points to be used on an every “even” year basis. The first usage year for your ownership is
I am sorry if there were any misunderstandings during your sales presentation. Welk is highly rated for owner/guest experiences and for the high trade value through the exchange companies. We take great pride in assisting our owners planning memorial vacations
Our records show that you have been in contact with our Owner Services team on a number of occasions for assistance in using your exchange benefits. You have an active pending request with Interval International to stay in Maui during the last week of December of 2014. I do not show any challenges or concerns with your ownership listed in your ownership historyAll of your contacts have been in reference to exchange usage. We do not have single contact that references you wanting to cancel your ownership.
Welk does not have a division that assists in the selling, taking-back or buying-back of your ownershipWelk Resorts reserves the Right Of First Refusal (ROFR), which is exercised or waived after you have accepted an offer from a third party. This means once you have a buyer, your escrow company will contact Welk and we have the option to match the offer or pay more. You would be required to have the buyer first and open escrow for the process to begin. Welk does not have a “give back” option for your ownership
You do have the option of trying to sell your ownership on the open market. Your ownership does have to be paid in full for the title to change hands. I would strongly advise you to do your research and not to deal with anyone that requests that you wire funds into an escrow account to open up the sales process. When dealing with any resale company, we also recommend that you never pay any high up-front fees (anything over $100) when listing your timeshare for sale as this has not proven successful for other owners
I can find no evidence of misrepresentations. We are an ethical company and cover everything thoroughly in our documents. We take our service levels and company ethics very seriously. Contracts are created, signed and explained to protect both parties in a transaction. During your presentation, not only did you meet and talk to the Sales Person and Sales Manager, the Escrow Analyst also went through the documents with you independently during your purchase transaction.
We want you to understand your purchase and rely on you, as the consumer, to read through your documents thoroughly. That is why we legally allow you seven days to review/read through them. We specifically have you initial and sign paragraphs/pages that fully explain your ownership and options. We review this information with you for the sole purpose of eliminating possible misunderstandings or confusion. You could have legally canceled anytime, and for any reason, within your legally allowed rescission period. Since you have passed your legal rescission period, contract cancellation is not an option.
As for your demand that we rescind your contract, it is not Welk’s policy to cancel contracts that have passed their legally mandated rescission period. Welk does not have a “take-back” program that would allow you to simply return your ownership to Welk. Welk Resorts will not be refunding monies to you that were paid toward your ownership obligations. We will continue to assist you to the best of our abilities with your ownership use, exchange and rental as applicable, but we will not nullify our contract with you. We expect you to honor the terms of your contractual ownership agreement.
The first year of ownership may seem difficult, especially when dealing with several different departments. Please know that our Owner Services team is here to assist you and guide you through your ownership to make sure you are enjoying it to the full potential. We will customize the ownership to fit your vacation needs, based on what you purchased.
Please allow us to help you use your time. If you need any assistance in booking a reservation, use of our Owner Rental program or help with using the Interval International exchange benefit please reach out to our Owner Services team @ 1-800-240-9342.
Please feel free to reach out to me with any further question or concerns regarding this matter
Sincerely,
*** ***
Director of Consumer Affairs
Welk Resorts
***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
In regard to our case #*** against Welk resort, we have not received a response from Welk, other than what you forward Friday, May while we were traveling out of stateWe by all means reject their second response which contains absently no substance. All this second response offers is for us to return to the fold and be happyWe will fax the documentation we speculate you are asking to receiveWe thought you had this previously. We will fax the letter that we sent them from the first response and their letter from our first letterWe have locate a business willing to fax data tomorrow May Please extend time line if needed. From the invoice we will fax, you can see where Welk wrote in the offer of $18,for Blue Green points and is not reflected in the cost of Welk, 240,pointsThey have yet to address this scamSince we have not received the letter they sent to you, we are going to respond to them by email tomorrow & we will send you a copy of it tooThank you *** & *** ***
CA Law Pertaining to a Voidable Contract While Intoxicated:An intoxicated individual MAY or MAY NOT be let out of a contract because of being intoxicated and the court has the capacity to do so just by stating that the signing party was intoxicated but many factors come into
considerationI have consulted an attorney I have to PROVE I was intoxicated You had to know I was intoxicated and possibly took advantage of me (Duress) I have documented medical conditions that impair my judgement and medication for them that greatly impairs my judgment which was stated to my salesmanI can prove all of these and therefore my contract is NOT VALID, should be VOIDED, and ALL monies returned in fullThese are the legal facts: I told the salesman and the front counter lady that my wife and I had been drinking Bloody Mary's and Mimosas all morning and we were very tipsy and feeling "really good" and they just laughed along before the presentation I told the salesman after the presentation and I smoke legal medical marijuana for multiple conditions including anxiety and was having an anxiety attack thinking of signing this contract and not feeling good after the alcohol I drank earlierHe laughed and said "we can solve that" and continued to converse about how much stronger pot has become nowadays and I should go calm down and we can have a whole bottle of champagne after we sign and that will make me feel better also Your salesman called over a golf cart to give me a ride to my car about a mile away to smoke some pot I had stored in my vehicle to calm me down The golf cart guy saw what I was doing and asked to smoke with me which we did sitting in my car for about minutes getting stoned and him offering me to buy some from him which I declined When I came back, the salesman said "feel better?" and laughedI said "thanks, yes my anxiety is a little better", to which he said "than let's get to it"Your salesman knew I was already intoxicated, not feeling well from drinking earlier, having an mental issue which totally incapacitates my brain with nothing but fear and then took part in providing me and encouraging me to go to my car and get stonedNot only did he know I was intoxicated and having a mental episode, but he took part and encouraged me to get more intoxicated before talking more about the "Great Opportunity"I do appreciate his compassion for letting me go to my car to medicate to relieve my panic condition and nausea but I think he had a different motivation knowing I was coming back stoned and knowing I already drank earlierMy judgement was highly impaired and my wife can testify to everyone of these facts since she was right there and had drinks with me also before signing this contractShe was also not feeling well and was there the whole time and just wanted to leaveShe heard and saw everything that dayI told the salesman repeatedly we could not afford any of these options he gave us but in my condition, and sales lies, it sounded like a good idea and was not able to contemplate the consequences and barely understood what I was agreeing toThe free airfare tickets you offered me when I haven't seen my family miles away in years almost made me cry and just another tactic to take advantage of meI did use them as they were a free gift from you, going to expire, and did not have any bearing in the contract.I have made many payments, hidden fees, unexpected improvement fees, dues, and I cant afford it anymoreI've never used the timeshare and I blamed myself for a long time but after consulting an attorney, what happened that day is almost criminal and the textbook definition of coercion and contract duressI can barely remember signing anything that day and can't even recall what I did signCancel my contract immediately as it is not valid and return all monies to me My next step is turning in my small claims packets for $each to the Indio, CA Courthouse and exercise my right to subpoena Welk employees as witnesses to my caseIf by some miracle I lose in small claims, I will seek representation from an attorney and go after you in civil courtI have all the time in the world to work on this case and nothing to loseDo you have the same?
Welk Platinum Point Owner Number: ***
Dear Mr& Mrs***,
I am in receipt of your Revdex.com complaint filed on November 9, 2014. I show that you both became Welk Platinum point owners on February 28, 2011. You have upgraded your ownership three
times. During the process of your upgrades Welk also liquidated another timeshare property on your behalf. Your last upgrade was done on August 19, 2014. You currently have a Welk Platinum point vacation ownership that consists of 420,Platinum points to be used on an annual basis starting in 2015.
Your last ownership upgrade changed your usage to an annual basis. This should resolve the booking window challenges for usage of your points. The booking window restrictions are clearly defined in your ownership contract. Moving to an annual contract should resolve the majority of your challenges
I am surprised to hear of any challenges with your ownership or the sales process. In your almost four years as a Welk owner I have no notes that reference dissatisfaction with your ownership. There are no ownership challenges in the history of your time as an owner. I also show no inquiries with our Owner Services team in reference to usage of our Owner Rental program
I apologize if there were any misunderstandings during your sales presentation. Welk is highly rated for owner/guest experiences and for the high trade value through the exchange companies. We take great pride in assisting our owners planning memorable vacations.
There are multiple packages to purchase, each with a different cost. Every deal is specific to the guest and the incentives offered on that dayPricing and incentives can change on a daily basis. I apologize if you felt pressured. The decision to purchase, as well as upgrade three times, was both of yours. You always have the right to leave at any time.
Welk does have an Owner Rental program. Our program allows you to put days/weeks into a rental pool to assist when you cannot travel or use. Our owners have used the program successfully to supplement their monthly and annual fees. Rental rates are based on unit size, season and weekend versus mid-week. The processing fees for Welk to advertise and rent your property are approximately 40%. The remaining roughly 60% is paid to you the ownerOur Owner Services team is here to help you with best practices for successful usage of our Owner Rental program. Again, your owner history does not show you have ever inquired about using or asked for assistance with using our Owner Rental program.
We are an ethical company and cover everything thoroughly in our documents. Every contract is negotiated personally and pricing, discounts and incentives can change daily. We take our service levels and company ethics very seriously. Contracts are created, signed and explained to protect both parties in a transaction. Not only did you meet and talk to the Sales Person and Sales Manager, the Escrow Analyst also went through the documents with both of you independently during each of your purchase transactions.
We understand that you are given a large amount of information on the date of sale. That is why we legally allow you seven days to read your contract after the date you signed. Included in your documents were specific procedures on how to utilize your vacation ownership, as well as directions to cancel that same ownership. If you wanted to cancel within that timeframe you had the right to do so. The instructions are specific that it must be done in writing within the defined timeframe. As for your request to terminate your contract, it is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under California law
Please know that our Owner Services team is here to assist you and guide you through your ownership to make sure you are enjoying it to the full potential. We will customize the ownership to fit your vacation needs, based on what you purchased. Please allow us to help you use your time. If you need any assistance in booking a reservation, use of our Owner Rental program or help with using the Interval International exchange benefit please reach out to our Owner Services team @ ###-###-####.
Please feel free to reach out to me with any further question or concerns regarding this matter
Sincerely,
*** ***
Director of Consumer Affairs
Welk Resorts
***@welkgroup.com
My timeshare (that is what it is, call it TIMESHARE) was, as I was told a return from a previous buyerI was told by the sales person that if I didn't want it, I could return itIt is a timeshare that has misrepresented itselfThe sales person told me that I could sell it back to them because the Welk was SO desirable and there were many customersIt was a misrepresentation and the Welk knew it because when I called, the lady said that it was an agreement between the sales person and IThat is misrepresentedI did not know I was entering a cult I could never get outIt is beyond my belief that the government keeps letting these things happenA customer could never sell it because they are being given away onlineUnacceptable and unethical!!
I tried talking to my host about days after and she informed me that I couldn't cancel itI tried booking something and couldn't because the dates were not availableEvery month that I am late, the Welk is not only charging me 16% interestThat is double the price in years, but $for each payment I am lateThere is no possible way I pay for all that and I might have to go bankrupt over one bad day when over a lie, I signed the Welk document!! Ridiculous!! I will accept nothing less than the return of your stupid timeshare and my money and nothing more owed!
*** ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Regards,
*** ***
Welk Platinum Point Owner Number: ***
Dear Ms***,
I am in receipt of your Revdex.com complaint filed on October 24, 2014. Please allow me to address the challenges that have been brought forth in your complaint
I show that you became a Welk
Platinum point owner on August 23, 2014. You purchased 120,Platinum points to be used on an annual basis starting in 2015. The first usage year is very clear in your ownership documents. I have included a copy of your contract for your review.
I am sorry if there were any misunderstandings during your sales presentation. Welk is highly rated for owner/guest experiences and for the high trade value through the exchange companies. We take great pride in assisting our owners planning memorial vacations
Everything within your ownership contract designates your first usage year as 2015. You need your Platinum ownership points to be able to stay at a Welk Resort location or to travel with our exchange partner Interval International and use your points for that travel. Your owner benefits would be in place for you to use the resort for day use, to stay at the resort under your special Platinum owner rental rates or use the getaways via Interval International. These are all travel options for you. If you wanted to pre-pay your maintenance fees you could use your points for to travel to a Welk Resort location or to deposit with Interval International prior to
The listings you are referring to is the “Getaways” program through Interval International. The “Getaways” are extra vacation opportunities at a discounted rental rate and are unlimited. To take advantage of those discounts, you would contact Interval International directly. All this information is outlined in the Interval International Membership packet that was mailed to you with their Resort Directory.
We understand that you are given a large amount of information on the date of sale. That is why we legally allow you seven days to read your contract after the date you signed. Included in your documents were specific procedures on how to utilize your vacation ownership, as well as directions to cancel that same ownership. If you wanted to cancel within that timeframe you had the right to do so. The instructions are specific that it must be done in writing within the defined timeframe. As for your request to terminate your contract, it is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under California law
Contract rescission is not an option. We expect you to honor the terms of your contractual ownership agreement. We will continue to assist you to the best of our abilities with your ownership, use, exchange and rental as applicable, but we will not nullify our contract with you
The first year of ownership may seem difficult, especially when dealing with several different departments. Please know that we are here to assist and guide you through your ownership to make sure you are enjoying it to its full potential. We will customize the ownership to fit your vacation needs, based on what you purchased. Please know that our Owner Services team is here to assist you and guide you through your ownership to make sure you are enjoying it to the full potential. We will customize the ownership to fit your vacation needs, based on what you purchased.
Please allow us to help you use your time. If you need any assistance in booking a reservation, use of our Owner Rental program or help with using the Interval International exchange benefit please reach out to our Owner Services team @ 1-800-240-9342.
Please feel free to reach out to me with any further questions or concerns in reference to this matter
Sincerely,
*** ***
Director of Consumer Affairs
Welk Resorts
***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Mr*** has in no way addressed my concerns, as is his standard evasion tactic, he has danced around my complaint copy pasting information.Fortunately, there are 100+ similar complaints regarding The Welk Group and their Director of Consumer Affairs H*** ***..The Welk Group did not provide full disclosure in the sale of their membership Which, binds every business transaction and requires the "whole truth" about any matter which the other party should know in deciding to buy or contract. My attorney has advised that there was in fact fraud in the inducement of a contract for failure to disclose a material fact(s).If you feel that you too are a victim of The Welk Group please contact me: ***
Regards,
*** *** ***
Welk Ownership Contract Number [redacted] Dear Mr. [redacted], I am in receipt of your Revdex.com complaint filed on January 30, 2015 demanding your ownership be rescinded and that Welk Resort Group refund any monies paid toward your ownership obligation. I felt I had...
specifically addressed your request for ownership rescission in my previous four letters to you. I am sorry if there were any misunderstandings. Welk is highly rated for owner/guest experiences and for the high trade value through the exchange companies. We take great pride in assisting our owners planning memorial vacations. Your ownership records show you became a Welk owner on November 11, 2011 when you purchased 90,000 Platinum ownership points to be used on an every “even” year basis. Your first usage year for your ownership was 2012. I apologize if you felt pressured, or felt that the sale process took an excessive amount of time. The sales presentation is 90 minutes. The purchase agreement negotiation, based upon the owner needs, pricing, discounts and incentives, takes additional time. Every contract is negotiated personally and pricing, discounts and incentives can change daily. You are only obligated to stay for the 90 minute sales presentation to receive your initial free gifts. You always have the right to leave at any time. I have reviewed your ownership history and I show no usage history during your time as a Welk owner. I show you spoke to our Owner Services team on August 8, 2012 and asked them to roll over your 2012 points for future usage. In December of 2013 you contacted us about selling your ownership and about setting up quarterly payments for your owner obligated maintenance fee commitment for your 2014 usage year. We have never had a usage challenge brought to our attention regarding your ownership. The items in your letter regarding resale of your ownership and investment value were covered in the Purchase Proposal, the Purchase and Sale Agreement, and the Buyer’s Acknowledgement of Representations, which you read, initialed, and signed. Paragraphs 2 & 4 state as follows: 2. The Vacation Ownership is being represented to the public as something to be used by you, your family and guests, and is not intended as something from which you may expect a profit or return in any way whatsoever. You understand that no representation of any investment potential of the Vacation Ownership has been made, including potential for rental income, for resale at a profit, or for any expected tax benefits. 4. Developer has no form of resale program, and no salesperson is authorized to make any representation to you that Developer, any affiliate of Developer, or any other entity will handle resale of your Vacation Ownership. Please allow me to clarify your exchange opportunities with Interval International. The “Basic Membership” for Interval International is included in your annual Maintenance Fee and is renewed automatically, per our contractual agreement with them. Welk pays for the upgraded Gold Membership for your first year of ownership. If you wish to renew the Gold Membership to have access to those additional services (Cruises, etc.), you would need to pay for subsequent years. Your ownership options include depositing a week with Interval International in exchange for a week anywhere in the world. When depositing with Interval, you will also receive a second week of vacation (any size villa requested, based upon availability) as a “Resort Accommodation Certificate” (bonus week). When you deposit your ownership with Interval, they will extend the expiration of the deposited week for two additional years. The bonus week from Interval International is good for one year. The point value of a week deposited into Interval International for exchange by our Branson owners is 90,000 points. I show your points were rolled over for future usage but you have never deposited with Interval international to use you exchange privileges or tried to book a stay at any of the Welk Resort locations within the Platinum Point Program. Your 90,000 Platinum points can be used for a full week stay in Branson or for a full week on exchange with Interval International. Welk does not have a buy-back program. I suspect you are confused about the developers Right Of First Refusal (ROFR), which is exercised or waived after you have accepted an offer from a third party. This means once you have a buyer, your escrow company will contact Welk and we have the option to match the offer or pay more. You would be required to have the buyer first and open escrow for the process to begin. The disclaimers that you reviewed when you purchased specifically cover that all the information has been personally reviewed by you, that you have received copies of all documents and that there are no other representations that are not covered in writing. We review this information with you with the sole purpose of eliminating possible misunderstandings or confusion. We understand that you are given a large amount of information on the date of sale. You are given a copy of your contractual paperwork on the day you become an owner. That is why we legally allow you five days to read your contract after the date you signed. Included in your documents were specific procedures on how to utilize your vacation ownership, as well as directions to cancel that same ownership. If you wanted to cancel within that time you had the right to do so. The instructions are specific that it must be done in writing within the defined timeframe. As for your request to terminate your contract, it is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under Missouri law. Please feel free to reach out to me directly with any further questions or concerns regarding this matter. Sincerely, [redacted] Director of Consumer Affairs Welk Resorts [redacted]@welkgroup.com
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved. This assumes that there are no more calls. I have been promised this before from [redacted], and it did not occur, I continued to get calls.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[redacted],
I am sorry that your records do not show that I have
contacted your company but fortunately for me there is something called a cell
phone that tracks every call made and received and every call I made was
via cell phone meaning I have proof of my calls. I would have
never contacted the Revdex.com and filed a complaint if I had not
did the things I previously stated I did or experienced the things
I previously stated I experienced and for you to say in so
many words the calls were never made because your records don't show explains
why your representative did the same thing and told me that these events didn't
take place. I highly recommend for you to call your own
company and see what type of service you get.
I understand the every other year vacation
and the 240,000 points, but as I said previously when I called trying to
see what was available and possibly redeem my points, customer
service was not available nor have they ever to this day returned my call, so
please explain when booking and/or redeeming points was to ever take place
prior to my complaint? When I called Interval International I was
told by them that there was a 7 day vacation but
no points and therefore if I wanted to use anything I would
have to once again contact Welk because there was no exchange or
points available. I then explained to him the representative, that I
had been unable to reach anyone at Welk and that I just needed a
hotel. He says "because you are a gold member I can give you a
number and they will give you the cheapest rates available and that's what I
did. So for you to say you don't have
any records of my calls insinuates you didn't fully investigate
because these events took placed and I booked at a
"2 STAR HOTEL" (but I'm a Gold Member and I pay
for 4-5 Star service) through the company Interval International gave me
and I have proof of that transaction as well.
It was my understanding from when my husband and
I attended the presentation at Welk Resorts in Branson, MO that
1) if we were to vacation in a state where your resort was not
located we could use the Interval International exchange to
book a hotel and it would be comparable to Welk Resort 4-5 STAR,
that wasn't the case. 2) I was also informed that in the event my husband and I
could no longer afford, or had some type of life event
and wanted to sell the timeshare the representative encouraged
us to contact Welk first to see if the company would
be interested in regaining ownership of their own property
rather than taking it public first. This obviously isn't even an
option where you would even consider regaining possession of your own
property and never has been which is also misleading.
3) Lastly, because I can go on and on, you said in
your response that your Owner Team Services are available to
help which is not the case either because as I typing
this response letter, I called one of the two or three numbers I
previously called trying to reach a representative and got the
same response I received a month ago "Please leave a message and
one of our representatives will call you back." Sir, I am not crazy,
I do not have time for games and I surely don't have the
money to just be giving it away especially to someone who obviously
doesn’t have owner customer service in place but making false claims that
they do. However, you are that company who clearly has collection
representatives in place.
I am requesting for your company to take possession of your
property and let us out of our contract as soon as
possible because your company has not turned out to be what you said
you were in the beginning. I do not want any of your representatives
to contact us about vacationing because when we needed your
assistance your representatives were not available; we don't
need your assistance after the fact. It should not be this
"difficult for first usage year of ownership" because it wasn't
"difficult" for you to run our credit, it wasn't
"difficult" for you to charge our credit card and it wasn't
"difficult" for you to collect your money monthly, so why in God's
name would it be "difficult" for us to reap the benefits of
what our money is paying for and what Welk Resort promised?
To set the record
clear before moving forward we are not experiencing any sort of financial
hardship, we simply want this contract to be severed and resolved because we
feel we have been lied to and have been scammed out of our money and I state
nothing but facts.
Regards,
[redacted]
Welk Platinum Point Contract # [redacted] Dear Mr. & Mrs. [redacted], I am in receipt of your Revdex.com complaint filed on January 30, 2015. Please allow me to address your concerns. I felt I specifically addressed your challenges in my letter to both of you...
dated September 17, 2014. We do not have the ability to liquidate your [redacted] property because there is still a balance owed on the mortgage. Go Properties made this clear in their communication with you. If there is a mortgage balance remaining on a property it needs to be paid off to be liquidated. In my above referenced letter I also requested you provide documentation regarding any recent health challenges you may be having so I could forward your information to our Loans division so they could evaluate your ownership for a possible hardship claim. I have never received those documents. We do have a hardship committee that may be able to assist you in light of your recent challenges. I cannot guarantee a result but it would be worthwhile for them to at least consider your circumstances. At stated previously, please e-mail me or reach out to me directly in writing at the address below. With your permission, I will forward your information to our hardship committee and ask for them to reach out to you directly and determine if they can provide you with assistance. In the interim, you need to make sure to keep your contractual ownership obligations to Welk Resort Group current in reference to your mortgage commitment and owner obligated usage year maintenance fees. I do not have a cancellation option for your ownership. We understand that you are given a large amount of information on the date of sale. That is why we legally allow you five days to read your contract after the date you signed. Included in your documents were specific procedures on how to utilize your vacation ownership, as well as directions to cancel that same ownership. If you wanted to cancel within that timeframe you had the right to do so. The instructions are specific that it must be done in writing within the defined timeframe. As for your request to terminate your ownership contract, it is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under Missouri law. Please let me know how else I can be of assistance in this matter. Sincerely, [redacted] Director of Consumer Affairs Welk Resorts [redacted].[redacted]@welkgroup.com
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I do
appreciate that Welk Resorts has replied. Unfortunately, Mr. [redacted]’s previous
communications did not resolve anything, and this newest response is no better.
I am sure Mr. [redacted] is aware of this as I continuously contacted him by email
requesting each time to have this contract cancelled and my money returned.
I find
it odd Welk continues to try and claim they are a company in high standings yet
they refuse to release me from this agreement after I have spent months
explaining the entire premise of my decision to purchase was based on lies.
I am
unsure why Welk has no information on my attempts to book, as this was done
several times; leading me to realize many of the lies I was told. Please allow
me to explain those attempts again:
The Sales Proposal form contained in the
Welcome Packet lists a “2 for 1 Exchange” benefit. [redacted] explained this as meaning if I decided
to trade in my week to visit anywhere other than San Diego (through Welk or
Interval), for a fee, I would receive two weeks at the alternate location in
exchange for my one week at San Diego, and it would not count against my week
at San Diego. This turned out to be
completely false. I called to trade in
my San Diego week for two weeks at Palm Springs, only to be told that not only
would I not receive the additional week, but I would also lose my week, even if
I paid the $249-$349 fee listed on the Sales Proposal.
We were told we had one year to use the
vouchers for the Catalina trip and the Hornblower cruise. When I sent in the voucher for the Catalina
trip, I received a letter back indicating the trip was accompanied by an extremely
short expiration date of 21 days and we were not able to make arrangements to
take the trip before it expired. The baseball game voucher was equally as
restrictive. We were give a choice of
two dates, but both were less than one month away. Again, we were not able to make arrangements
in such a short amount of time.
[redacted] and [redacted] had told us during the
presentation that as an added perk, our friends and family could use our
timeshare at no additional cost, or they could book a trip on their own at a discount,
as long as they provided our names to the booking agent. Item number 2 of the Buyer’s Acknowledgement
of Representations even states, “The Vacation Ownership is being represented to
the public as something to be used by you, your family, and guests…” I called the reservations office later to ask
about allowing family members to use the timeshare, only to be told I could not
let anyone else use it, in direct contradiction to item number 2.
I do
not need clarification with these issues. I need to be freed from this contract
since it clearly cannot be used as originally promised. I also can travel on my
own with much more ease, and clearly for less money.
I can
assure you my problems do not stem from miscommunications like Welk continues
to claim. This entire program was misrepresented; it is that simple. Therefore,
I want to give it back to Welk and have my money returned. As Welk has stated I
have not used this so I have not really incurred any charges and I am sure Welk
can just sell this to someone else for just as much, if not more, money.
Regards,
[redacted]
Welk Platinum Point Owner Number [redacted]
Dear Ms. [redacted],
I am in receipt of your Revdex.com complaint filed on October 11, 2014. Please allow me to address the points brought forth in your complaint.
I show that you originally became a Welk Platinum...
point program owner on January 8, 2012 when you purchased a 120,000 Platinum Point annual usage vacation ownership. The first usage year for your ownership was 2012. You upgraded your Platinum Point ownership on March 15, 2012 to 240,000 Points to be used on an annual basis. The first usage year for your upgraded ownership was 2012.
I am sorry if there were any misunderstandings during your sales presentation. Welk is highly rated for owner/guest experiences and for the high trade value through the exchange companies. We take great pride in assisting our owners planning memorial vacations.
I show that you have stayed at our Welk Resort San Diego location on multiple occasions. I apologize if there were some challenges when you stayed at the resort.
I have reviewed your full ownership records for the entirety of your ownership. I show you have spoken to our Owner Services team on multiple occasions about your maintenance fee payments and possibly using our Owner Rental program. There are no notes within your ownership history that state you are unhappy with your ownership. Additionally, you have never spoken to our Owner Services team about depositing your time with Interval International for exchange. They are the team that would handle your deposits for exchange. You would be unable to use your exchange benefits if no time has been placed into exchange.
I would be happy to check into any referrals you gave our company. If any have closed escrow we absolutely want to make sure you receive credit for any referral that bought here at Welk Resort. My e-mail address is listed at the bottom if this letter. Please reach out to me directly with that information and I will have my sales team investigate your referrals. I do not show you have ever spoken to anyone with our Owner Services team about a challenge regarding your referrals
Welk does not have a buy-back program. We do have the developers Right Of First Refusal (ROFR), which is exercised or waived after you have accepted an offer from a third party. This means once you have a buyer, your escrow company will contact Welk and we have the option to match the offer or pay more.
You would be required to have the buyer first and open escrow for the process to begin. Welk does not have a “give back” option for your ownership. If an ownership title is to change hands it typically has to be paid in full.
We understand how there may be misunderstandings in terms and conditions given verbally; therefore we cover everything thoroughly in our documents and disclosures. We know that you are given a large amount of information. That is why we legally allow you seven days to read your contract after the date you signed. If you wanted to cancel within that time you had the right to do so. Included in your documents were specific procedures on how to utilize your vacation ownership, as well as directions to cancel that same ownership. The instructions are specific that it must be done in writing within the defined timeframe. Unfortunately, since you have passed your legal rescission period, we cannot simply cancel your contract. I have included a copy of the last page of your purchase contract for your review.
As for your request to terminate your contract, it is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under California law. I do not have a contract rescission option for your ownership commitment. Welk does not have a “take-back” program that would allow you to simply return your ownership to Welk.
I would be happy to have our Owner Services team assist you with any questions regarding your ownership. Please know that we are here for you to help guide you through your ownership and make sure you are enjoying it to its fullest potential. We will customize the ownership to fit your vacation needs, based on what you purchased.
Please let me know how else I may assist you.
Sincerely,
[redacted]
Director of Consumer Affairs
Welk Resorts
[redacted]
RE: Welk Platinum Point Ownership Number P-[redacted] Dear Mr. [redacted], Mrs. [redacted] & Mr. [redacted], Please allow me to start my to start this by letting you know that my intention was certainly not to insult you in any way with my initial response. You mention that we do not advertise our Owner Rental program. The purpose of your ownership is vacation travel. We focus on the usage of your ownership for vacation travel. We are happy to help if there is a need for our Owner Rental program but it is certainly secondary to the focus of our agents. Our Owner Services agents will help you primarily with vacation travel and secondarily with ownership rental. We do not actively ask our owners if they would like to rent out their vacation time. There are a number of exchange companies that can be used for exchange travel. We choose to partner with interval International. We have partnered with RCI previously. If for some reason, and this is incredibly unlikely, Interval International went out of business we would find another exchange partner. I am happy to have one of my senior Owner Services agents fully explain the best practices for effective exchange travel using your Welk ownership. I was not present at your sales presentation so I cannot assume what was said and what was taken away from the conversation. We use the signed documentation as the documents of record because it effectively eliminates the issue of any verbal promises that may lead to a misunderstanding regarding your ownership. Contracts are created, signed and explained to protect both parties in a transaction. This information was reviewed with you during each of your purchase transactions. I can’t speak to the employment history of one of our employees or to the reason that she may no longer be part of the company. I am happy to have a senior Owner Services agent personally assist you with your travel needs. They will help with the booking of a stay at any of our Welk resort locations or they can assist you with usage of your exchange benefits. I do understand the frustration of not being sure of exactly what you purchased. I would like to have someone personally assist you in getting all you can out of your ownership. Please let me know what will work best for all of you. Best regards, [redacted] Director of Consumer Affairs Welk Resorts [redacted]@welkgroup.com
Welk Tour ID #: [redacted] Dear Mr. [redacted], I do show that you toured with Welk Resorts on October 19, 2014. I also show you were issued gift vouchers on that same day. I am more than happy to assist you with the redemption of your gift vouchers. We want you to...
use your gifts. There are specific steps that need to be taken when redeeming your gift vouchers. The redemption process, terms and conditions are outlined in the information given with the vouchers. Our redemption partner successfully sends thousands and thousands of our guests on wonderful gifted excursions on an annual basis. I have forwarded your information, along with the details of your challenges, to my gifting department. They will reach out to you directly and provided assistance. Please feel free to reach out to me directly with any further questions or concerns. Sincerely, [redacted] Director of Consumer Affairs Welk Resorts [redacted]
Welk Platinum Point Ownership Number [redacted] Dear Mr. & Mrs. [redacted], I am in receipt of your Revdex.com complaint filed on March 28, 2015 and asking Welk Resort group to cancel your ownership and that all monies paid to Welk be returned to your credit card. ...
Please allow me to address your request. Our records show that you became Welk Platinum Point owners on October 5, 2014 when you purchased 240,000 Platinum owner points to be used on an every “odd” year basis starting in 2015. There is no usage history for your ownership. I do not show you have ever deposited your time with Interval International for exchange usage. I do not show you have contacted our Owner Services team regarding usage of Interval International. There are thousands of resort choices worldwide and Welk demands a very high trade value. The process is that you choose a resort destination, have several date choices and call Interval International. They will check availability. If nothing is available at that moment, they will start a “pending search” by collecting the exchange fee. Their system searches 24 hours a day, seven days a week. As soon as a match is found, they will generate an instant confirmation. More than 73% of our owners receive a confirmation within 48 hours. The opportunity to book an exchange reservation is based upon villa availability. If there is no villa available for your requested vacation time and location, there is nothing Welk can do to make space available. We will work diligently to assist in the exchange process on your behalf at a resort of your choosing to fit your vacation needs. Welk does not control availability at another resort within the Interval International exchange program. The referral by Interval International to another portion of their program not related to exchange travel is not a matter Welk would control. We are happy to assist you with the usage of your exchange benefits, which start with you making an exchange deposit. Certain times of the year and locations within the exchange program will be in higher demand than others, resulting in less availability. You may need to place a request much further in advance, based on your desired travel location and dates. The best way to combat this is to start a pending search. As stated above, Interval International’s system will search for you 24 hours a day for a match to fit your vacationing needs. If a choice match becomes available you will be notified immediately via confirmation that your request has been fulfilled. Again, for any of this to happen, you have to begin by depositing your time and then submitting a pending search to Interval International. All exchange usage is on a space available basis. This is clearly covered in your ownership documents. The exchange fee for usage of a deposited week with Interval International will range from $169.00 - $189.00. When you use an Interval International bonus week the fees will range from $249.00 to $449.00 based on the size of the villa. These are two separate fees for two separate events. The fees are associated with your deposited Interval International week and the fees for usage of your bonus week that you receive with each Interval International deposit. These fees are not combined. They are separate fees depending on which Interval exchange option you want to use. It is not Welk’s policy to cancel contracts that have passed beyond the rescission period required under Missouri law. I do not have a contract rescission option for your ownership commitment. Welk does not have a “take-back” program that would allow you to simply return your ownership to Welk. The first usage year of ownership may seem difficult, especially when dealing with several different departments. As stated above, I do not show any usage for your ownership. I apologize for the challenges you have encountered. Please know that our Owner Services team is here to assist you and guide you through your ownership to make sure you are enjoying it to the full potential. We will customize the ownership to your vacation needs, based on what you purchased. Our Owner Services team can help you with best practices for successful usage of the Interval International exchange program or planning a vacation at any of our Welk Resort locations. They can be reached at 800-240-9342. I can also have a team member reach out to you personally. You purchased this vacation ownership with the intent on using it for vacation travel. Please allow us to help you use your time. Please let me know how I can be of further assistance in this matter. Sincerely, [redacted] Director of Consumer Affairs Welk Resorts [redacted]
Dear Mr. [redacted],Referencing Revdex.com complaint number [redacted] In relationship toWelk Ownership number [redacted].I am just now reading your response forwarded from The Revdex.com serving San Diego, Orange and Imperial Counties, as I received It In the mall today. The cover letter from the Revdex.com was dated 12122/14 and the coverletter notes that I must make a response within 7 calendar days, or the Revdex.com will assume the dispute has been resolved. Today is the 7th calendar day, so I will make a quick response and get this response faxed to the Revdex.com in short order, as Ifeel it is imperative to keep this Issue open and reach a proper resolution.I have read the contract my mother and aunt {[redacted]. and [redacted] **) signed with Welk Resorts and I have had extensive conversations with them about their dealings with Welk Resorts. They both remember NO mention of a 5 day window to rescind the contract with Welk Resorts. The contract they signed, which Ihave reviewed page by page, does not have a place to initial the understanding of that statement. Other paragraphs do, but this very Important piece of information does not. Also, if you have looked at documentation Of the many times my mother and my aunt havecommunicated with representatives of Welk Resorts, there will also be documentation of their multiple calls stating desire to get a full refund and end all association with WelkResorts. These calls were made long before the September 4, 2014 communication you received from me. In fact, In the summer, I made a phone call and spoke with Ms. [redacted], at the corporate office, personally. I asked her to look up some of the notes made while representatives were on the phone with my aunt. She looked them up and told me that there were several calls made by my aunt to Welk Resorts employees in which she told them of her terrible experience with Welk Resorts and asking for their money back and wanting no further business dealings with Welk Resorts. My motherand aunt were not given what they were told they would receive when speaking with Welk Resorts when first speaking with them in Branson, Missouri. We feel this is misrepresentation. They were told that they would be given a "travel agent experience" by a particular salesman, [redacted] He gave them his personal cell phone number when at the business table in Branson, and told them he would function as a travel agent for them. When they called him to arrange some travel, he stated he had been fired. He no longer worked for the company. So, In closing, let me be concise and clear. My mother, [redacted]. and my aunt,[redacted] **, will never take one trip through Welk Resorts. They do not trust WelkResorts. Period. As noted multiple times, they want nothing more to do With WelkResorts. If there was a 5 day period In which they could rescind the contract, then It IsWelk Resorts RESPONSIBILITY to ADEQUATELY COMMUNICATE this Information tothem. Communication In Its most basic sense Includes the giving AND RECEIVING ofinformation. They never "received", "understood"' or "remembered" this important pieceof information. All this aside, they were told by the salesman that he would be theirpersonal travel agent. He gave them his direct, personal phone number and told themthat he would do all their arrangements. This, clearly, Is misrepresentation of services.They did not receive what they were told they bought. They thought they bought atravel agent experience. What they got was a maze of points, transfers and cataloguecodes. At 77 and 76 years old, they made It very clear when speaking with thissalesman, that they did not want to deal points, scheduling and such. They wanted atravel agent-type experience and he ensured they would get it. They trusted him. Please excuse any lack of organization In this letter. I am writing this letter in only a fewminutes and It may not contain everything I would have liked to include, but in view ofthe short time frame In which I must respond, this will have to do.I appreciate your timely response and look forward to working to resolve this issue.Thank you,[redacted]