happyhopian
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- Jan 29, 2013
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As one who practices their learnings I would ask you this. In your opinion is Wyndham in trouble IF they are registered as a trustee and they have a conflict in that they make money from the decisions they are making on behalf of the trust? Now ask yourself IF in fact their decision for the TRUST improves THEIR bottom line while diminishing value from others what is your answer? And finally, take the minority representation analysis - are they willing to put aside their own benefit for the benefit of the least? Regardless of what the sales contract provides for there are specific limitations on the actions of trustees.Intent and words like "ergo" do not change the fact that Wyndham did not do anything illegal. Aside from the fact that the new website sucks in general, the changes in the way reservations and upgrades are handled in no way changes the rules. It does not change what we were told. We were told that we could get upgrades and discounts in the 60 day window (platinum) We were told that the then current reservation system allowed you to gamble using the cancel rebook strategy. We were not promised it would always work, and indeed it did not always work, even with the help of a VC. The new booking engine makes it even harder to do a successful cancel rebook, but in no way changes the discounts and upgrades I am entitled to get. I don't like the new reality, but it does not rise to the level of fraud or theft. The new website, by denying owners there basic entitlements due to the many errors, now that might constitute theft. Freezing accounts for indefinite periods, but still requiring MF's, that might be fraud or theft. Changing the booking engine to diminish the ability to double up on discounts and upgrades, but not preventing those functions, not theft or fraud.
As to the website failures. I don't think they are intentional in that they went looking to destroy it, but I do think they rushed to get something in place to meet some needs or goals we don't know about (insert Ron's speculation about his personal interaction here). BUT, this isn't our backyard tree fort - this is a billion dollar operation and if THIS is the level of management and professionalism then one has to start asking about their fiduciary duty.
Contracts are contracts but as lawyer you know that you cannot contact away your rights or any federal/state statues. Wyndham can make us sign anything they want but they cannot require less of themselves than the law requires. This is where my beef with them is and I've done a good bit of talking with the regulatory agencies in the last month about it. Don't know if anything comes of it, but I can assure you they are interested and they questions are being looked at but I'm curious your opinion as well.
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