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Help...Got kicked out of my exchange week

thuatplay

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Hi

I had the most awful time at the Blue Whale in Oceanside, CA, and I'd like to know if the action taken by the resort manager was legal. We had exchanged our week through Trading Places and were to spend the first half of the week with my sister and husband. But two weeks ago I found out I could not leave until Sunday so I called TPI. They said if I wasn't going to check in, I needed to pay the guest certificate. No problem. I paid the fee to have my brother-in-law added. They checked in last Thursday, we met Saturday night and they gave us the key and parking pass and they left. We ourselves occupied the room starting Sunday morning. Monday, while getting ready to go on a bike ride, we received a phone call from front desk asking us to come in. My husband walked there only to be told we weren't registered guests and must leave immediately. I thought it must've been a misunderstanding so proceeded to call TPI. TPI asked if I still had the keys and I said yes. They put me on hold while they called the resort. Then they came back and said the resort's policy was if the registered guest left, everyone had to vacate, and I should have told them I would be there late. I told her that it was precisely the reason I called to get the guest cert. while I was still on the phone, the resort called again demanding we leave in 30 minutes or they would call the police. My husband tried to tell them we were trying to sort it out with TPI, but they wouldn't listen. TPI said the only thing they could do was partially refund my exchange fee for the unspent nights. So we began packing and 5 minutes later, the manager walked into our room uninvited and told us we were trespassing and had to leave. We tried to explain that we had a right to be there and had paid for the week, but he said if the registered guest left the room more than 24 hours, he was assumed to abandon it and everyone else had to vacate. And he was going to sit there to watch us pack. Things got heated then he said if we didn't leave, he would start charging my sister's credit card $200 for every hour we stayed. Is this even legal? Since they had my sister's credit card, I didn't want to take a chance so we left soon after that. I have never been to a place with this policy and have never been treated this way. I am so upset still over this incident. I would like to hear what your thoughts are and what we can do about it. Thanks.
 

vacationhopeful

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How did they figure out your BIL left but were charging your SIL credit card? Most timeshare resorts require the reservation and credit card names MATCH. Did your SIL call the Front Desk to take her credit card OFF the reservation? Did your car not have a hangtag or did the hangtag not match your licensed vehicle?

Either this resort is very small or there is a back story not posted ... noise complaints, RV parked there (a very noticeable vehicle like a boat or lime green school bus), etc.

And yes, you & wife were NOT the listed occupants of the unit. The resort had every right to ask you to leave.
 

myoakley

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I think that this is another case of a "paying customer" being abused by "the system." Have our social mores disintegrated to such an extent that this kind of behavior on the part of the resort is tolerated, and worse, condoned? Why could the manager not have taken the time to contact TPI and learn the details of the situation before behaving in such an abusive manner. I am appalled.
 

Panina

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I'm almost certain with II or RCI they would have worked it out with the resort. I know when I've had issues in the past their response was immediate. Guest certificate should have had your name and your sisters name on it and it would have solved the problem. I would insist with TPI that partial refund is not adequate, I would ask for a bonus week too. I would speak to the highest person you can at TPI.
 

presley

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I think if your name wasn't on the reservation, they can do that. While it's true that most larger resorts wouldn't notice and/or care, they can certainly do that. It's too bad your exchange company couldn't work it out with Blue Whale.

FWIW, I've read tons, not an exaggeration, of really bad reviews of the manager at Blue Whale. However, he can do whatever he wants and the location keeps people coming back. I've stayed there a couple times and haven't had to deal with him, but the front desk customer service leaves a lot to be desired at that place. It's an excellent location nearly being on the sand, but location is pretty much all it has to offer. Sorry that they kicked you out of your exchange. That is really piss poor customer service.
 

dominidude

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Hi

I had the most awful time at the Blue Whale in Oceanside, CA, and I'd like to know if the action taken by the resort manager was legal. We had exchanged our week through Trading Places and were to spend the first half of the week with my sister and husband. But two weeks ago I found out I could not leave until Sunday so I called TPI. They said if I wasn't going to check in, I needed to pay the guest certificate. No problem. I paid the fee to have my brother-in-law added. They checked in last Thursday, we met Saturday night and they gave us the key and parking pass and they left. We ourselves occupied the room starting Sunday morning. Monday, while getting ready to go on a bike ride, we received a phone call from front desk asking us to come in. My husband walked there only to be told we weren't registered guests and must leave immediately. I thought it must've been a misunderstanding so proceeded to call TPI. TPI asked if I still had the keys and I said yes. They put me on hold while they called the resort. Then they came back and said the resort's policy was if the registered guest left, everyone had to vacate, and I should have told them I would be there late. I told her that it was precisely the reason I called to get the guest cert. while I was still on the phone, the resort called again demanding we leave in 30 minutes or they would call the police. My husband tried to tell them we were trying to sort it out with TPI, but they wouldn't listen. TPI said the only thing they could do was partially refund my exchange fee for the unspent nights. So we began packing and 5 minutes later, the manager walked into our room uninvited and told us we were trespassing and had to leave. We tried to explain that we had a right to be there and had paid for the week, but he said if the registered guest left the room more than 24 hours, he was assumed to abandon it and everyone else had to vacate. And he was going to sit there to watch us pack. Things got heated then he said if we didn't leave, he would start charging my sister's credit card $200 for every hour we stayed. Is this even legal? Since they had my sister's credit card, I didn't want to take a chance so we left soon after that. I have never been to a place with this policy and have never been treated this way. I am so upset still over this incident. I would like to hear what your thoughts are and what we can do about it. Thanks.

If you can, take the resort and TPI to small claims court. I'd seek a refund of the maintenance fees and the exchange fee.
Explain to the judge everything you've posted about here, I'm sure the judge will be a lot more sympathetic than the manager ever was.
As a bonus, TPI and/or the resort will probably want to settle with you before seeing the judge. If they don't want to negotiate, they would risk a black mark in their credit history, and no bank wants to deal with a company with open court judgements.
 

clifffaith

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I'd post on Yelp and Trip Advisor. Does sound like there were some weird technical difficulties, I think caused by TPI around the guest certificate, but seems like the resort manager is a real a-hole. So sorry this happened to you.
 

VegasBella

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Either this resort is very small or there is a back story not posted ... noise complaints, RV parked there (a very noticeable vehicle like a boat or lime green school bus), etc.
It's teeny tiny. The resort is very very small - just a few rooms on the beach. No pool, no clubhouse, nothing.

FWIW, I've read tons, not an exaggeration, of really bad reviews of the manager at Blue Whale. However, he can do whatever he wants and the location keeps people coming back. I've stayed there a couple times and haven't had to deal with him, but the front desk customer service leaves a lot to be desired at that place. It's an excellent location nearly being on the sand, but location is pretty much all it has to offer. Sorry that they kicked you out of your exchange. That is really piss poor customer service.
That's too bad. I am planning to stay there this Summer. I rented a week. I hope we do not have dealings with this man.
 

davidvel

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What size unit where you in? Were your names added as guests when your brother checked in? Its possible that once you buy the GC, the "resort" only sees your guest's name, and has no idea who you are. They have no cc for you. How did they know he left?

From what you describe, it sounds like they wanted your brother to transfer registration to you when he left (and presumably add your credit card for incidentials/damages.) I can see the need for the policy, but certainly it was handled poorly. I presume they see some lesser heeled guests and unregistered occupants at this location.
 

gmarine

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I've never done an exchange with TPI or had a GC with TPI but if its the same as II or RCI the Guest Certificate does not add an additional person to the reservation, it completely changes the name on the reservation. If you changed the name on the reservation and assumed you could then take over the rest of the stay after the registered guests left the resort would by right in assuming you don't have a right to stay there. However, it sounds like it wasn't handled well by the resort.
 

WinniWoman

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I am not getting this. You were the owner of the exchanged week and your relatives were the guests-your guests- the way I see it. If it were me, I would have called the resort and explained I was going to be late and that my guests would be checking in first. That said, this is absolutely terrible what the resort did to you! This is as bad as that doctor that got thrown off the United Airlines plane!

I would be all over social media with it and I would be contacted the head of the resort and Trading Places- certified letter or overnight letter to the CEO. I would put in a complaint with the BBB and the Consumer Protection Agency and whatever other state agency. I wouldn't let this rest.

I had a bad experience doing an exchange with TP for 2018. I hope I have no issues checking in to that resort.
 

davidvel

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I am not getting this. You were the owner of the exchanged week and your relatives were the guests-your guests- the way I see it. If it were me, I would have called the resort and explained I was going to be late and that my guests would be checking in first. That said, this is absolutely terrible what the resort did to you! This is as bad as that doctor that got thrown off the United Airlines plane!

I would be all over social media with it and I would be contacted the head of the resort and Trading Places- certified letter or overnight letter to the CEO. I would put in a complaint with the BBB and the Consumer Protection Agency and whatever other state agency. I wouldn't let this rest.

I had a bad experience doing an exchange with TP for 2018. I hope I have no issues checking in to that resort.
As noted by gmarine, does TPI work like II? Do they transfer the guest certificate reservation to the new person ("Guest") as opposed to adding them and keeping owner on. The latter would be strange.
 

thuatplay

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I went back to work today so can only respond during my lunch hour.

I don't really know if TPI transfers or add the guest. As someone already mentioned earlier, the resort is tiny, and our unit happened to be right next to the office, so I guess they could tell that the car is not the same even though we had the parking pass there, and our car is an unobtrusive white Jeep Cherokee. My husband, a retired police officer of 37 yrs, said if he had been called out to a landlord/tenant call like this, he would not have cause to kick us out, but then I don't know how Oceanside PD would handle it, and it was just a horrible experience and it already ruined my vacation so I just wanted to get out and I thought my husband was ready to tackle Larry, the mgr.

Looking back, yes, I definitely would have done things differently like making sure they knew we would be coming in late, but had no idea that they would be so obnoxious and rude and didn't even give us a chance to explain, especially when they got the call from TPI and knew I was trying to sort things out. I would think he was the trespasser since we still had the key and he came into our room uninvited. I really felt invaded. I wished I had thought to video tape it.

From your comments, I can see some people think the resort had the right to ask us to leave. I really don't know the legality of it, but I just can't believe that the resort would condone or support such behavior from their resort manager.
 

thuatplay

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And I don't want a bonus week. I would like an apology from the manager and the resort for the way we were treated. Is this too much to ask?
 

silentg

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When we have registered at timeshares in Fort Lauderdale. They ask at check in for the names of everyone staying with us. Our son and GF live in the area, but we sometimes go home early and then they finish out the week. However, I tell them at check in that they are staying with us. We never have trouble doing this. I have also done this on Cape Cod, we visit family and we leave early sometimes and one of my brothers stays with his wife, no one has ever questioned us on this. The Blue Whale must have a strict occupancy law, or they double booked your timeshare?
Silentg
 

silentg

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If you were in a studio occupancy is 2
I looked at the website and they only want 2 occupants that includes a baby.
The webpage is not friendly. Just a bunch of rules. I hope the beach is nice?
Silentg
 

rickandcindy23

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If your sister and brother checked out of the unit officially, then I could see why a full housekeeping later, they would feel the unit should remain empty. But this doesn't seem to be what happened. Sounds like apologies are in order by the management company to you.

When I have a week, I expect that entire week, and no one should be able to kick me out of it. You were the one that had the week, not your relatives. It's awful how you were treated. TPI wouldn't hear the end of it from me, that's for sure.
 

gmarine

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If your sister and brother checked out of the unit officially, then I could see why a full housekeeping later, they would feel the unit should remain empty. But this doesn't seem to be what happened. Sounds like apologies are in order by the management company to you.

When I have a week, I expect that entire week, and no one should be able to kick me out of it. You were the one that had the week, not your relatives. It's awful how you were treated. TPI wouldn't hear the end of it from me, that's for sure.

Cindy, the OP said that they got a GC for their relatives. At that point its not their week anymore. I dont agree with the poor treatment by the manager but at the point the relatives checked out the OP isnt on the reservation and has no right to the unit.
 

Luanne

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If your sister and brother checked out of the unit officially, then I could see why a full housekeeping later, they would feel the unit should remain empty. But this doesn't seem to be what happened. Sounds like apologies are in order by the management company to you.

When I have a week, I expect that entire week, and no one should be able to kick me out of it. You were the one that had the week, not your relatives. It's awful how you were treated. TPI wouldn't hear the end of it from me, that's for sure.

First of all I want to say that the way this whole thing was handled was deplorable. An apology is in order.

But...........if you've obtained a Guest Certificate, basically haven't you given up your right to that unit? So technically the OP was not the "owner" of that unit any longer.

We've done this a few times, where when we couldn't use the unit for the whole week we'd just have another family member come and spend the rest of the time there. It was many years ago and I don't remember doing much of anything. We may have let the property know about the change of guests, and they probably obtained a new credit card, but I don't think there was any Guest Certificate involved. And I also don't remember where it was either.
 

thuatplay

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The mgr said if the guest leaves the resort for more than 24 hours, it is assumed they vacated the property and cannot come back. Had my sister and her husband came back with the key he would still not let them back in. Is this even legal??? I have stayed at many resorts where we booked for two weeks but then left for a few days for sightseeing and came back and there had been no issues. If a guest checks in but does not occupy, doesn't the room legally still belong to the guest until the check out period? The unit was for 4 people, so we did not violate any room limit. Our mistake was not making sure my name was still on the reservation, but wouldn't you think any reasonable person can see that it was just an oversight?
 

Luanne

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The mgr said if the guest leaves the resort for more than 24 hours, it is assumed they vacated the property and cannot come back. Had my sister and her husband came back with the key he would still not let them back in. Is this even legal??? I have stayed at many resorts where we booked for two weeks but then left for a few days for sightseeing and came back and there had been no issues. If a guest checks in but does not occupy, doesn't the room legally still belong to the guest until the check out period? The unit was for 4 people, so we did not violate any room limit. Our mistake was not making sure my name was still on the reservation, but wouldn't you think any reasonable person can see that it was just an oversight?
We've done the same thing. Vacate a unit we're in, go somewhere else for a few nights, then return.

As I said, it sounds like the whole thing was handled very badly by the resort. And they seem to have all kinds of arbitrary rules. It won't help now, and it might not have helped then, but maybe you should have asked to see all of these rules in writing.
 

Saintsfanfl

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The mgr said if the guest leaves the resort for more than 24 hours, it is assumed they vacated the property and cannot come back. Had my sister and her husband came back with the key he would still not let them back in. Is this even legal??? I have stayed at many resorts where we booked for two weeks but then left for a few days for sightseeing and came back and there had been no issues. If a guest checks in but does not occupy, doesn't the room legally still belong to the guest until the check out period? The unit was for 4 people, so we did not violate any room limit. Our mistake was not making sure my name was still on the reservation, but wouldn't you think any reasonable person can see that it was just an oversight?

Legally the room is still occupied if it is "visibly" still occupied. In other words there are still suitcases and clothes and whatever else that indicates someone is still there. If the staff noticed that the occupants left, and they checked the room and it was empty and no visible sign of occupancy, then legally the reservation can be considered vacated. With your story of meeting up Saturday night and then coming the next day to occupy, I think that is the problem here. The resort thought the occupants were gone and then you showed up. You can't do that. You have to communicate with the resort and make sure they fully understand the situation. This could have been avoided with better communication.

I learned the hard way on leaving a room early and coming back and finding it cleaned with something worth $5k left in a drawer gone. It was a very painful learning experience.

Vacating a room early is not much different than showing up a day or more later. The reservation can be canceled. Hotels always do this. Timeshares have a right to cancel as well but some don't do it since it's already paid for. When in doubt always communicate.
 
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Saintsfanfl

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We've done the same thing. Vacate a unit we're in, go somewhere else for a few nights, then return.

As I said, it sounds like the whole thing was handled very badly by the resort. And they seem to have all kinds of arbitrary rules. It won't help now, and it might not have helped then, but maybe you should have asked to see all of these rules in writing.

I do this many times as well but I purposefully leave things in the room to make sure it's clear I am still there. Trust me, if you clear everything out and the resort notices, you may not have a room to come back to.

I really think the friends cleared out and the resort noticed. With the room right next to the office it was probably obvious. There is a good chance the resort jumped on the chance to rent out the room, which is why they were so aggressive in getting the OP out. The room may have already been rented out, which is likely the legal right of the resort, although collecting rent twice might not be legal but not sure where that lands with timeshares and exchanges.

I am not saying what is right or wrong but just what makes sense in the scenario. Like I said I learned the hard way on leaving early.
 

WinniWoman

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The whole issue here is that darn guest certificate and TPI is also at fault. They did not communicate well with you. They should have explained to you to call the resort as well and let them know what is going on. They should have made sure that you were good to go for the rest of the week after your guests left. But they screwed up. Because you weren't checking in with your guests, TPI tells you your guests need guest certificates. So they checked in as guests, but never checked out as per the dates on the guest certificate. But- you were now off the reservation because of the guest certificate. The small resort you are staying at knows nothing, so they initially assumed after your guests left, the room would be cleaned and available for someone else. They realized that your relatives did not check out as per the dates on the guest certificate and then saw that you were now occupying it. So I can understand where they were coming from.

However, this does not excuse the manner in which you were treated.

We rented at a timeshare resort once from a private owner. We were supposed to get a specific unit. When we arrived they said that the people that were in it the week before us did not check out and their stuff was in the unit, but they didn't know where they were and could not contact them, so they couldn't give us the unit. They did put us in another unit, but I was surprised that they did not remove the items and clean the unit when those people didn't check out as required.
 
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WinniWoman

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Legally the room is still occupied if it is "visibly" still occupied. In other words there are still suitcases and clothes and whatever else that indicates someone is still there. If the staff noticed that the occupants left, and they checked the room and it was empty and no visible sign of occupancy, then legally the reservation can be considered vacated. With your story of meeting up Saturday night and then coming the next day to occupy, I think that is the problem here. The resort thought the occupants were gone and then you showed up. You can't do that. You have to communicate with the resort and make sure they fully understand the situation. This could have been avoided with better communication.

I learned the hard way on leaving a room early and coming back and finding it cleaned with something worth $5k left in a drawer gone. It was a very painful learning experience.

Vacating a room early is not much different than showing up a day or more later. The reservation can be canceled. Hotels always do this. Timeshares have a right to cancel as well but some don't do it since it's already paid for. When in doubt always communicate.

Another thing= always lock up expensive things. At the least, put a lock on your suitcase and lock stuff inside it when you leave your room.
 
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