# diamond resort take over options



## chez smyth (Sep 21, 2013)

hi, we bought into mystic dunes and have enjoyed many good holidays by swapping through II this year we have been misled and possibly lied to or ignored at every turn only by perseverance have we found out that diamond are to cancel all the things we have come to expect, and force us into "the club". Any advise as to where we stand legally etc would be very welcome. 
Are there any others in the same boat? 
We paid for 3 bed lock off platinum season.
Then we paid to be part off point system.
Now all of above to be superseded by an offer of 13000 dri points not even any dialogue from dri as to options we paid for the points system on credit card could there be recourse through that avenue?
Help


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## T_R_Oglodyte (Sep 21, 2013)

chez smyth said:


> hi, we bought into mystic dunes and have enjoyed many good holidays by swapping through II this year we have been misled and possibly lied to or ignored at every turn only by perseverance have we found out that diamond are to cancel all the things we have come to expect, and force us into "the club". Any advise as to where we stand legally etc would be very welcome.
> Are there any others in the same boat?
> We paid for 3 bed lock off platinum season.
> Then we paid to be part off point system.
> ...


Despite what the sales staff might have told you to try to frighten you into spending more money, if you do nothing what you have now will remain as is.  Diamond can't "cancel" anything that is part of your current package of rights. 

The usual pattern that Diamond follows when they make an acquisition is th at they "encourage" owners to make an additional purchase in order to become members of "The Club", which offers access to the entire network of DRI resorts.  But if you don't join "The Club", your current usage rights essentially stay intact, as they are at the time of acquisition.  

The sales staff are very prone to distorting or spinning the information to try to make a sale.  But on the operations level DRI has a pretty good track record of respecting the rights of owners who don't join The Club.


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## chez smyth (Sep 22, 2013)

Thanks Steve, this answer is how we thought things were going to progress and we ignored dri sales pitch when they took over mystic dunes but last month we received a letter telling us the tempus select points programme will no longer be continued by dri and as we paid extra to join this we feel there may be a breach of contract. Our efforts to have this dealt with by email have been ignored and with the withdrawal of the website last year things are becoming increasingly difficult.
please define rights package, as removal of website was first part of package to go how much can be removed before its considered breach of contract? Sorry to put on you all our woes thanks for any input Chez and Kathryn.


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## timeos2 (Sep 22, 2013)

chez smyth said:


> Thanks Steve, this answer is how we thought things were going to progress and we ignored dri sales pitch when they took over mystic dunes but last month we received a letter telling us the tempus select points programme will no longer be continued by dri and as we paid extra to join this we feel there may be a breach of contract. Our efforts to have this dealt with by email have been ignored and with the withdrawal of the website last year things are becoming increasingly difficult.
> please define rights package, as removal of website was first part of package to go how much can be removed before its considered breach of contract? Sorry to put on you all our woes thanks for any input Chez and Kathryn.



Unfortunately DRI is not under any obligation to continue any third party points system not directly under your MD ownership.  You would have to go back to that contract & who sponsored it to see what they promised. If that was breached you may have a case against that group but, unless DRI bought them too, not DRI for that issue. Good luck and you do NOT have to buy into the DRI system to continue to enjy what you bought at Mystic Dunes.


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## dougp26364 (Sep 22, 2013)

Think about it this way, DRI is discontinuing the old Tempus points program. Likewise THE Club program could also be discontinued by DRI or any future management company. 

As unlikely as it might seem today, I'm certain at one time it seemed unlikely that DRI would come to own the old Sunterra management company. The one thing you ha e that is giuarenteed is what was agreed to in your original documents. What I find with points clubs is that the wording typically includes the right to change or cancel the program at any time. Salesmen gloss over this fact and try to convince you it will never happen. 

What you have is yout original contract, your original week and all the rights conveyed in your original contact for usage of that week. You'll have to look at that documentation to see what rights you have and what rights DRI has to change things. 

I'm reasonably certain you'll find that the Tempus Club is something that can can discontinued. I own a similar week that has a point option. My paperwork makes it clear that its a perk and not giuarenteed in perpetuity. A fact I used to frustrate the bejesus out of the salesman when he tried to sell us something we didn't want.


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## Bill4728 (Sep 22, 2013)

If you do nothing you'll have your 3 bed week back. 

DO NOT buy anything from DRI. The cost of buying from them is 1000x the cost of buying a resale DRI collection from a current owner. You will not get the full "THE  CLUB" but you'll save >$10,000


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## chez smyth (Sep 23, 2013)

thanks for all the replies, looks like going to be out of pocket to the tune of $7900, certainly wont be having any of their 13000 dri points though as that would end up costing more through maintenance fees. We did receive email from mystic dunes telling us the points system was complimentary so we have asked them to refund $7900!! worth a try I suppose


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## T_R_Oglodyte (Sep 23, 2013)

chez smyth said:


> thanks for all the replies, looks like going to be out of pocket to the tune of $7900, certainly wont be having any of their 13000 dri points though as that would end up costing more through maintenance fees. We did receive email from mystic dunes telling us the points system was complimentary so we have asked them to refund $7900!! worth a try I suppose



I suggest that you go to the Diamond Resorts owner forum and pose your questions and issues there.  You will get a response from Diamond Reps who are trained in customer service, not sales.  They are often quite helpful in resolving issues, or at the least, clarifying information.  

the forums are at: http://www.diamondresortsforums.com/Default.aspx


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## chez smyth (Sep 24, 2013)

thanks steve will give it a go.


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