# Resort is closed due to flooding



## travelplanner70 (May 15, 2006)

I am scheduled to arrive at the Falls in Ogunquit on Friday, May 19th.  However, they have evacuated the resort due to the flooding.  They are not sure if the resort will be up and running on May 19th because it sustained some damage from the flooding. 

I will say upfront that I don't have  travel insurance, but as I am reading the travel insurance brochure, it does not say that the insurance is for a resort closing, but if the insured cannot arrive at the resort due to a natural disaster.  I am able to get to the resort.  

Interval says I must pay another $250 to go to the resort once they open or to go to a different resort during that week.  That does not seem fair since it is not my fault, and I can get to the resort.  Does not the resort and Interval have a legal obligation to provide a room for which I provided a fee - a fee that they won't return? InnSeason has other resorts that are not closed and are available on May 19th.  Why could they not relocate me there? InnSeason says I have to work through II, and II refuses without another fee being paid.  

What can I do?  I am very upset.  Please help me!!!


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## timeos2 (May 15, 2006)

If the resort, any resort, is out of service you, the owner and any exchange company are out of luck.  The travel insurance offered by many resorts and exchange companies do cover natural diasters but what the one II offers covers you'd have to read for yourself.  In any case you don't have it so you, perhaps without fully realizing it, "took a chance" and may have lost. 

It's too bad but it's not II's or the resorts fault anymore than it's yours.


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## travelplanner70 (May 15, 2006)

Exactly, it is not my fault.  Why do I have to take the full brunt of the cost?  I could see even sharing the cost, but as it stands, II gains - no matter what.  They have inventory just sitting there, yet they would not offer it to me.   The likelihood they are going to rent something in the next few days is slim.  Why make a good customer of II angry over something that the exchanger had no role in?  I can understand where the exchanger needs to insure for disasters that befall the exchanger - illness in the family, car accident on the way to the airport, death in the family, etc.  But, the resort and II should insure for disasters that befall them.  I feel I have a contract with them to provide a room.  If they cannot meet their end of the contract, why should I pay?  Makes no sense to me.

I realize there is not much recourse because II controls it all.   

Sorry for my rant and rave, but I do not feel this is fair or just.


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## spiceycat (May 16, 2006)

if they gave you one this time - then next time it happened you would expect another FREE room.

sorry too many floods, hurricanes, tornados, etc..... happening lately.

if they gave every customer a free room - they would be out of business...

you went with that resort - it is closed. Sorry - but that is life.


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## MarkO7111 (May 16, 2006)

It is your fault You did not get insurance.


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## Carolinian (May 16, 2006)

Some of the independent exchange companies have much more customer friendly policies.  See some of the responses on that subject to my questions on the Ask DAE, Ask Platinum Interchange, and Ask Tradiing Places boards at www.timeshareforums.com

II is currently better than RCI on this issue, but in the past RCI did right by its customers in a big way.  When Hurricane Isabel hit the Outer Banks, RCI and DAE not only gave continued credit for weeks already banked while the resorts were closed but even allowed members to continue to deposit weeks that fell while the resorts were closed.  They went the extra mile that time, and while I can see why with the number of resorts closed up dramitically after last hurricane season they cannot continue that policy, they have definitely gone too far the other way in demanding that resorts make good on deposits while the resort is closed or possibly cancelling the deposit.  At least II has not yet gone that far.

And as to flooding, the National Flood Insurance program does not offer Business Interruption riders on flood policies, so this coverage is not even availible to the resort to protect itself.


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## DonM (May 16, 2006)

jo-jo said:
			
		

> Exactly, it is not my fault.  Why do I have to take the full brunt of the cost?  I could see even sharing the cost, but as it stands, II gains - no matter what.  They have inventory just sitting there, yet they would not offer it to me. .



Suppose you buy some Ice Cream. You walk down the street and a branch falls from a tree and knocks your ice cream to the ground. It wasn't your fault!!! Was it the ice cream stores fault?? No- but the ice cream store has all that inventory just sitting there- why don't they offer it to you? Because they are in business to earn a living, and by giving you a replacement ice cream they lose money. They are not obligated to replace your purchase. They are obligated to sell you quality ice cream, not to guarantee that you don't drop it or anything else. Can you imagine the price we would have to pay for merchandise if the retailers, and manufacturers had to cover consumers for all risks!!



			
				jo-jo said:
			
		

> I feel I have a contract with them to provide a room.  If they cannot meet their end of the contract, why should I pay?  Makes no sense to me.




I'll bet your contract with II has a disclaimer.


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## gmarine (May 16, 2006)

jo-jo said:
			
		

> Exactly, it is not my fault.  Why do I have to take the full brunt of the cost?  I could see even sharing the cost, but as it stands, II gains - no matter what.  They have inventory just sitting there, yet they would not offer it to me.   The likelihood they are going to rent something in the next few days is slim.  Why make a good customer of II angry over something that the exchanger had no role in?  I can understand where the exchanger needs to insure for disasters that befall the exchanger - illness in the family, car accident on the way to the airport, death in the family, etc.  But, the resort and II should insure for disasters that befall them.  I feel I have a contract with them to provide a room.  If they cannot meet their end of the contract, why should I pay?  Makes no sense to me.
> 
> I realize there is not much recourse because II controls it all.
> 
> Sorry for my rant and rave, but I do not feel this is fair or just.




If you had read II's Terms and Conditions you might have taken the insurance. This is no fault of II. You had the opportunity to buy inexpensive insurance, $64, and didnt take it. You took the risk and unfortunately, lost.


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## teachingmyown (May 16, 2006)

You've been around TUG long enough to have known this.  A lot of us lost money when our uninsured exchanges were cancelled a couple of years ago when Florida was hit by 5 hurricanes, taking out a number of resorts.   Same thing happened again last year on the Al/Miss/LA coast.  What to do?  Be grateful that it is only your vacation being flooded out, not your home.   Make a new plan and determine that in spite of the difficulty you will enjoy your week --wherever you spend it.  Life is too short and unpredictable to get caught up in what's fair and not fair.   

If you need help with a new plan for the week, I know where you can get free lodging--in fact it's an all-inclusive, with food and activities included as well    ...read my post here


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## Patri (May 16, 2006)

The ice cream analogy made no sense, but I'm with Jo-Jo. If there is an empty room nearby, why not give it to her? II should carry its own insurance for situations where it can't fulfill its confirmed obligations. The customer can carry insurance for situations where he has to back out.


Concerning the ice cream, if Jo-Jo was AT the resort and got sick and left, THEN the analogy would fit.


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## timeos2 (May 16, 2006)

The ice cream makes sense as it represents any commodity you wish to choose including a timeshare unit. You select your "flavor" (the resort/unit size week) you want. You accept it (reservation/confirmation from II)  which ends II's involvement. They matched your request and you accepted it (you took the ice cream cone). What happens after that is between you and the cone (resort). If a third party damages it (the limb example or rain in this case) and makes it unusable it isn't up to II (or the ice cream shop) to replace it as they already fulfilled their end of the deal. If you didn't buy ice cream protection (actually VERY reasonable at only $.01 per cone as the exposure for loss is very short!) or vacation protection (slightly more at $69 as the cost of the service/product is much higher and for a longer exposure period) you decided to take the risk that the trip would be completed as planned.  Sorry but II isn't an insurance company.


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## Dave M (May 16, 2006)

Here’s a different analogy. You book a cruise and make air reservations to get you to the cruise departure city. You decide to skip purchasing travel insurance. Then a storm, flight cancellation or other problem makes you miss your cruise departure. 

What's the usual result? You're on your own to try to catch up with the cruise ship at some later port at a cost, perhaps, of well over $1,000 per person at last-minute non-discounted fares. If you miss the cruise altogether, you won't get a refund. The airline won't pay to get you caught up to your cruise ship, even if it's their fault. And the cruise line will tell you that's what insurance is for.

That's why travel insurance is available. And, in fact, there is now independent timeshare insurance available to cover timeshare trips.

II and RCI specifically state in their membership terms that they have no responsibility if the resort accommodations are uninhabitable. That's probably as it should be. To be prepared to make cash payments or make other acceptable stay arrangements to exchangers every time something beyond II's or RCI's control happened would increase their costs dramatically. For II and RCI to carry insurance would be even more costly, since the insurance company will want to make a profit on the policy. We, as members and exchangers, would bear those costs in the form of higher exchange fees and membership fees. I'm guessing that most of us would prefer to decide what risks we want to take and buy insurance if we deem the risk too great.

Incidentally, the II insurance would have covered your situation. From the II policy:





> The Insurer will pay the average room rental rate at the Destination resort, up to the Maximum Limit shown on the Schedule of Benefits if a Trip is canceled or interrupted due to any of the following unforeseen reasons:
> 
> ...(c) the Insured’s principal residence *or Destination* being made uninhabitable by fire, flood, vandalism, burglary or Natural Disaster;....


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## gmarine (May 16, 2006)

I agree. The ice cream alalogy makes perfect sense. 

II has its responsibilities detailed in the resort directory.


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## EvelynK72 (May 16, 2006)

jo-jo said:
			
		

> I will say upfront that I don't have  travel insurance, but as I am reading the travel insurance brochure, it does not say that the insurance is for a resort closing, but if the insured cannot arrive at the resort due to a natural disaster.  I am able to get to the resort.



Some types of travel insurance WILL cover the situation where the resort is made uninhabitable by acts of nature.  Go to insuremytrip.com and run a quote.  CSA Travel Protection - Freestyle plan is the one I purchased for a Bahamas trip during hurricane season and I almost had to use it!!  Of course this won't help you for this situation, but might be useful info for the future. 

Hopefully the exchange company will help you out. Good luck!
Evelyn


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## Moosie (May 16, 2006)

jo-jo,

Give the resort another call. According to their website they are not closed, and are moving people around.


http://www.innseasonresorts.com/thefallsatogunquit/fao_notice.php


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## travelplanner70 (May 16, 2006)

I think a better analogy is similar to what happened in, say, Marriott Surf Club when the air conditioning went out.  People went to the resort expecting a room with air conditioning. (I'm going to Ogunquit expecting a room - doesn't even need to have air conditioning .)   When the air conditioning broke, Marriott offered free dinners, etc. to those inconvenienced.  I get to the resort in Maine,  and although some of the rooms are useable, I'm told they gave those rooms to others whose units were damaged.   I'm out the room for which I had a contract.  Yes, I arranged with II, but the agreement is to provide a room for that fee, not just to take my money.  The resort itself, although willing to move us into their sister resort in NH, said I had to communicate with II. II is the one that said not unless we pay another fee.

Just for the record, I have the insurance on all my exchanges.  I took the chance on a $250 AC not to pay $64.  Who knew a flood would hit - something that hasn't happened in 70 years?  Yup, I gambled and lost.  

As a final word, II said that the resort is closed until 5/19, the day our exchange begins.  I'll pack my waders and hope for the best.


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## tonyg (May 16, 2006)

I don't like the analogies. In this case it is the person exchanging in that gets the loss. What about the depositor and II ?  Shouldn't the loss be passed around a bit ?


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## MarkO7111 (May 18, 2006)

Tonyg  It's called insurance. If you don't buy it you don't get it.


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## DonM (May 19, 2006)

tonyg said:
			
		

> In this case it is the person exchanging in that gets the loss.




Because the exchanger assumed the risk - see the contract




			
				tonyg said:
			
		

> What about the depositor and II ?  Shouldn't the loss be passed around a bit ?



No - see the contract! The depositer assumed no risk.


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## mdmbdumont (May 19, 2006)

I wonder if he is coming, the property is up on Route 1, above the ocean and set back inland a distance.  Route 1 in nearby Wells has been open and closed, but for the most part properties have been accessible.

Weather this afternoon has been off and on thunderstorms and downpours, but sun is trying to peak out in Rochester, NH (30 miles inland).  1/4 - 1'' rain in the area today.

Most rivers, streams, brooks, etc have receded below flood stage, most things back to normal...just a number of roads that are now dead ends from two directions


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## stevedmatt (May 21, 2006)

DonM said:
			
		

> Suppose you buy some Ice Cream. You walk down the street and a branch falls from a tree and knocks your ice cream to the ground. It wasn't your fault!!!



This is a bad analogy in my mind. This is actually your fault. You need to be aware of your surroundings and protect your assets. 

If you live in a flood zone, would you go without flood insurance? Only if you want to assume all risks if your home gets flooded. 

If Jo-Jo wanted to protect her asset (her exchange), she could have purchased the insurance. It is her fault for not protecting her asset.


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## e.bram (May 21, 2006)

*HOA responsability*

The HOA should add on to it's insurance coverage for replacment occupency, like the insueance we have on our homes for replacement habition in case something happens which rendrs our home unfit for occupency.


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## funtime (May 21, 2006)

when one II rep won't help, sometimes -- but not always -- the best recourse is to hang up and call a little bit later - like maybe the next shift and then go up the chain with a supervisor.  If it does not, pay the $250 and figure that next year you have to earn that back by renting out one of your units.  Hey it is not fair but you should not let that spoil your holiday.


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## timeos2 (May 21, 2006)

*You are the HOA*



			
				e.bram said:
			
		

> The HOA should add on to it's insurance coverage for replacment occupency, like the insueance we have on our homes for replacement habition in case something happens which rendrs our home unfit for occupency.


So you are willing, as one of the owners who are the HOA, to pay for insurance to guarantee occupancy replacement? If you could even buy it - doubtful - the cost would most likely dwarf the flood insurance and property insurance that already cost the average timeshare tens if not hundreds of thousands of dollars per year. And it would only be for your resort. You and your HOA have no way to require other resorts to also have that protection.  

That is not a viable answer. The system works as it is and offers owners/exchangers the opportunity to buy a reasonably priced protection if they feel it is needed and take the chance if they want.  Freedom of choice means you accept the risk you are comfortable with. I'd far rather see that than yet another cost, along with the administrative overhead, forced on all owners through annual fees.


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## mdmbdumont (May 21, 2006)

so...did Jo-Jo (makes me think of Suessical) come to ME...is the resort open?  Or are we still parsing analogies...


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## travelplanner70 (May 23, 2006)

I've been enjoying reading all the different analogies out there.   Falls at Ogunquit was closed - wouldn't let us in!  Traded for $300 to a place called Cathedral Ledge where the mildew smell in the unit is almost unbearable, and it's been raining since we arrived.  Hey, there should be insurance for that!  This is a vacation I will not forget for a long while!  

Thanks to those who gave me sympathy.  But, I listened to those who did not.  Nothing like a lively debate.  I just wish it had worked out better for me.  Live and learn.


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