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can I send Vistana Ownership cancellation via UPS courier?

TopCat78

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hi - I just joined the forum and am looking for some expert advice. My wife and I stupidly signed up for the Starwood Flex Vacation ownership at Vistana in Orlando on 5th July.

We will now be cancelling after reading more about it. For cancellation it says it can be notified by any means including certified mail. We live in Canada and there is a possible postal strike and I don't want to miss the 10 day deadline.

So my question is:

1. Can I send the cancellation via UPS?
2. Does 10 days mean working days or not?

Thanks all !
 

DeniseM

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10 days means the number of calendar days since you signed the contract.

If the rescinding instructions say "any method," you can use any method.
 

TopCat78

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Thanks ! Is the "sent date" taken as the day you gave notice of cancellation? Or is it when they receive it?
 

DeniseM

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Thanks ! Is the "sent date" taken as the day you gave notice of cancellation? Or is it when they receive it?

It's the date that you mail it - it doesn't matter when they receive it.
 

SMHarman

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hi - I just joined the forum and am looking for some expert advice. My wife and I stupidly signed up for the Starwood Flex Vacation ownership at Vistana in Orlando on 5th July.

We will now be cancelling after reading more about it. For cancellation it says it can be notified by any means including certified mail. We live in Canada and there is a possible postal strike and I don't want to miss the 10 day deadline.

So my question is:

1. Can I send the cancellation via UPS?
2. Does 10 days mean working days or not?

Thanks all !
There is a thing in UK and by hereditary in US and Canadian law called the postal rule.

In any case, your timeshare contract is under US / Florida law. So under the postal rule the acceptance takes effect when the letter is posted. A certificate of posting, not even tracking is all you need to prove the posting at that point.

Though you may want tracking.

As UPS is not a common mail carrier the postal rule does not apply so now the date of receipt matters.
 

bizaro86

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I would send it xpresspost and send another copy via UPS. Xpresspost counts as mail, and it will be delivered as priority mail in the US. It usually only takes 1 day to get to rhe border, and then it is trackable on usps.com.
 

TopCat78

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Thank you all - I took the advice and posted via Xpresspost and also UPS. Man, so stressful but hopefully we should be good based on the advice and knowledge here.
 

DavidnRobin

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also - do not stress out - VSE are not hard-asses when it comes to rescinding (rare reports of VSE/SVO challenging recissions). DO post by rescinding date, and ASAP (now...)
Congrats.

now... no more buying w/o researching. ;)
 

YYJMSP

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Thank you all - I took the advice and posted via Xpresspost and also UPS. Man, so stressful but hopefully we should be good based on the advice and knowledge here.



Xpresspost should be fine, once its across the border delays due to the upcoming lockout at Canada Post no longer come in to the picture.
 

DeniseM

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Now that this is done, sit back and relax and wait 30-45 days for your refund.

-DO NOT CALL VSE: Phone calls have no legal standing, and if you call, they will just try to talk you out of it and may even give you incorrect info. to confuse you. It doesn't matter what they say over the phone - the legal right to rescind is governed by state law, so there is no reason to talk to them.

-DO NOT TALK TO YOUR SALES PERSON: The sales person has NO involvement in the rescission process. Their sole concern will be to talk you out of it to salvage their commission.

Use you caller ID and if they call, or you don't recognize the phone number, let it go to voice mail.
 
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TopCat78

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Roger that!

It's disheartening that a somewhat reputable brand such as Starwood has to resort these bully tactics to push a mediocre product.

I look forward to understanding the optimum way to leverage these plans to secure hopefully a cost efficient and great vacation through this forum.
 

DeniseM

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Roger that!

It's disheartening that a somewhat reputable brand such as Starwood has to resort these bully tactics to push a mediocre product.

Unfortunately, this is universal throughout the timeshare world. Timeshare sales people are pretty scummy. However, when you are actually using your ownership, generally the people involved are of higher character. Sales is really a separate entity.

Just to clarify - another management company bought out Starwood in May - they are now managed by Vistana Signature Experiences, commonly referred to here on TUG as "VSE."
 

cubigbird

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hi - I just joined the forum and am looking for some expert advice. My wife and I stupidly signed up for the Starwood Flex Vacation ownership at Vistana in Orlando on 5th July.

We will now be cancelling after reading more about it. For cancellation it says it can be notified by any means including certified mail. We live in Canada and there is a possible postal strike and I don't want to miss the 10 day deadline.

So my question is:

1. Can I send the cancellation via UPS?
2. Does 10 days mean working days or not?

Thanks all !

We are at Sheraton Vistana Resort this week, probably the same week you are. It's a lovely resort, no doubt, and I bought this ownership week off EBay for $1 - all in I paid $150 which was the closing cost to LT Transfers. Consider looking at the TUG Bargain basement for giveaways, EBay or Redweek.com for cheap weeks. I own the Lakes section so I have a fixed July 4th week and I essentially paid nothing for it. It is NOT a Flex week and I don't plan to surrender it into Flex, rather requalify it. I find Starwood presentations to be much less pressure compared to other timeshare companies.
 
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TopCat78

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so UPS confirmed delivery of cancellation notice today. We signed last Tuesday 5th July and VSA delivery room signed for it today, Weds 13th July - that is 8 days I believe and I am within my 10 day window.
 

DeniseM

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so UPS confirmed delivery of cancellation notice today. We signed last Tuesday 5th July and VSA delivery room signed for it today, Weds 13th July - that is 8 days I believe and I am within my 10 day window.

It doesn't matter when they receive - the pertinent date is the date you sent it.
 

TopCat78

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Thanks Denise.

I was going by SNHarman's post above where it was noted that 'As UPS is not a common mail carrier the postal rule does not apply so now the date of receipt matters.'

Hence the comments in my post.
 

DeniseM

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Thanks Denise.

I was going by SNHarman's post above where it was noted that 'As UPS is not a common mail carrier the postal rule does not apply so now the date of receipt matters.'

Hence the comments in my post.

SNHarman was providing a technical point of view, but in this case, it is the date of mailing that counts.
 
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