Straight from the membership directory:
View attachment 53163
Regarding anyone who attempts to argue that this statement is too vague - straight from a court ruling regarding this assertion. The judge in the Sirmon v. Wyndham lawsuit thought the membership directory had plenty of "oomph."
"Plaintiffs initially argue that
the disclaimer should be discredited because it is inconspicuously buried within the membership directories. The disclaimer was perhaps not as openly visible as written statements that other courts have found sufficiently clear to trigger the statute of limitations. ... However, while the disclaimer in the membership directories was arguably more discrete than written statements discussed in other cases,
the Court is unconvinced that this fact alone renders it invalid."
if this was as clear cut as you seem to think and if Wyndhan wanted to enforce it, they would have They didnt
What you posted still doesn't define the term "commercial purposes" and while
this court wouldnt find that
this fact (the disclaimer is inconspicuously buried in the membership directory), renders it invalid. The court left open the possibility that other facts might
The case you cited was an owner vs Wyndham. I think most if not all of the relevant cases have been owners suing Wyndham, because of something Wyndham has done,, not wyndham suing owners. And I think there is a reason for that
I was caught in the web August 2016 suspensions. (which had nothing to do with renting), In our first conversation. The Wyndham attorney asked me if I knew why they suspended my account. I responded..... "Dont you know? Shouldnt that be my question for you?" I then told him I wouldnt be playing any games, and answered his questions.
The reason they did what they did was because I had more points in reservations and in the accounts than my ownership would seem to support. He told me I was correct and asked how that was possible..... So I told him. I was at a disadvantage because my points manager managed my accounts. but I told him that I used the Credit Pool, to strip the points. My points manager made the reservations, rented them and then I sold the underlying contracts. I also told him that their system was faulty and I had heard that it was possible to cancel reservations and get the points back, but the next day the reservation would reappear. I didnt know whether that had happened in my accounts (my points manager denied it) but I was happy to come to Orlando to work it out. So I went to Orlando thinking we would identify the number of excess points I had and then decide what to do about it. At the end of the meeting we discussed different ways to handle the situation. Could I pay for the excess points Or would they just take them back. We did not decide on the number of points in question. The meeting ended with this unresolved but with another meeting scheduled. That meeting never happened. In a phone call they made me an offer..... Sign everything back to them and in return they wouldnt sue me
So Wyndham threatened to sue me but when I said bring it on, they wouldnt. It was then that I realized that they didnt want the excess points back, they wanted me gone. And when I suggested that their next communication should be through my attorney; They ignored that and made me a cash offer. Why is that? If they had the rules on their side and the back up of previous court decisions and their deep pockets vs mine (not so deep) why did they propose a settlement, instead of just shutting me down?
Wyndham chose not enforce the commercial use clause . But it was pretty clear, that as much as they hated what we were doing; and already had us suspended. they didnt have the confidence to take legal action, based on this clause or any other.
I suspect they weren't as sure of the enforceability of the commercial use clause as you seem to be
What Wyndham has done since they first decided they didnt like large scale renting has been to tighten the rules and institute fees, in order to make renting less profitable and to "level the playing field" ie make it easier for the little guy to get the reservations they wanted
Here's the thing, as long as maintenance fees are less than hotel rates, VRBO and AirB&B, there will be folks like me that will play the arbitrage game.
