[2008] Festiva is now managing my resort, how bad is it going to get?

[rickandcindy23]

Interesting article, but what did they do that sets them apart from any other developer? I think I have a case against a few other developers. :rofl:

I am suprised Fairfield/ Wyndham doesn't get sued multiple times a year. The front-end schedulers threaten owners into attending presentations, the salesmen make promises they don't keep, and they change benefits all the time.

I wish the information in this article was more specific because this sounds so typical. I don't think Festiva is innocent, but I do think other companies are just as guilty. How many more lawsuits are going to follow, and does this set a precendent for Branson presentations, then possibly other resort areas?

 

[tombo]

I am surprised that so many TUGGERS have the attitude that all timeshare developers do that, what's the big deal? The old adage of 2 wrongs don't make a right sure rings true here. I guess when the Savings and loans went broke because of poor banking practices, it was OK because they all did it. If the whole industry is lying to sell their timeshares then they all need to be prosecuted and pay restitution. When you hit them in the wallets, you will make them realize there is a downside to outright lies and misstatements, and perhaps some reform of the Timeshare industry could occur.

Barring prosecutions by more states many companies will continue to market in an illegal manner. This is one of the big reasons that timeshares have little or no resale value. The public perception of timeshares is that there are seedy people building and selling them. People have heard too many horror stories from friends and relatives of people buying weeks they never could actually use because they couldn't trade into Hawaii and prime ski season like they were promised. Too many people have been pressured into something that they can't afford or use. Unlike many other timeshare developers who we know use illegal sales practices, it has been proven in court that Festiva used deceptive and false sales tactics, and Festiva was ordered to pay restitution and refunds to the people they lied to when they sold them weeks.

I am still waiting for answers to the many questions I posed to the Festiva rep if she ever comes back. The Missouri Attorney Generals office answered one of them for me already, guilty.

 

[rickandcindy23]

Tombo, I belong to the Fairfield Yahoo group and am amazed by the stories. I don't think every salesperson lies outright, but I have experienced only a couple of honest ones myself. I have heard so many lies, including a Marriott salesperson who said he "exchanges an exchange" with II.

The biggest lies:

Orlando is the number one vacation destination (true), so it is also true that owning in Orlando gives you the highest trading power of any other area (false). Every Orlando salesperson says that. It's baloney. But it feels true, when you don't know better. I can see how people fall for that lie, especially when they are paying $99 a night for a hotel room for a family of four. But when a knowledgeable timeshare owners says, "this was an easy exchange," the salesperson says, "you will never get back here again, because you got in with developer inventory." Even worse, some salespeople say, "I will make sure you are BLOCKED from coming here again." That was the Vistana salesperson named Todd who told us that.

Some will say we shouldn't attend presentations because we are not going to buy. I say, attend all of them you want, but when you tire of the insults and lies, assume they are all bad and don't go again. I don't think I could drag Rick to another one. I usually don't mind it, but then again, I am not the one that gets us out of there quickly, because I just ask too many questions. Rick is the expert at cutting the salesperson off. He is the one that I count on for that.

Perhaps a newsperson or a rep from the state's attorney general's office should go to the presentations and catch the salespeople in the lies, but they just don't look out for us like that. If they did, and the resorts KNEW they could be lying to someone who could sue them, they would change their ways. Instead, timeshare is just a dirty word to those who hear rumors or had a bad experience themselves.

 

[FestivaRep]

In response to the Missouri AG press release

OK, here are the facts about this situation. I know it's all over the Branson news, and not one publication who has written about it has attempted to contact Festiva for our side of the story. Also, the MOAG's office agreed to send us any press release before it went to the media, and they did not do so. So here's our official response with some facts that were left out of the AG's release:

During the time the Missouri Attorney General’s office (MOAG) allegations took place, Festiva Resorts had entered into an agreement with a third party company that provided sales and marketing services for Festiva Resorts in Branson. Any practices engaged in by that company that corresponded with the MOAG’s allegations are contrary to Festiva’s corporate policies.

During the MOAG’s investigation, Festiva Resorts fully cooperated with their office. The relationship between Festiva Resorts and said company has since ceased, and Festiva Resorts no longer uses outsourced companies for any sales and marketing services at our resort sales centers.

To put numbers into perspective, during the nearly five years the third party vendor provided sales and marketing services to Festiva Resorts, the vendor saw in excess of 75,000 customers and generated approximately $125 million in vacation ownership sales.

 

[pop2748]

New to this board. Was searching for other Festiva owners having problems. Boy. Quite a few of us out here.

Joined Peppertree several years ago just before Equivest took over. By the time we used the club and realized we would like more points, they were no longer available.

Turned out the Fairfield deal was around the corner. That was a joke. Too many run ins with that bunch to write about. Still wanting to get more weeks at the beach we purchased small package of Fairfield points with the understanding Peppertree and Fairfield clubs would eventially be rolled into one. Are we laughing yet?

Next thing I know we're getting mail from Wyndham. You gotta be kiddin' me. Sure enough we were now dealing with whole new operation. Two vacation clubs. Wyndham and Peppertree. Paying two MF's. Had to use RCI to use one club's points to stay at other clubs properties. I would have given my right arm for the chance to go back to the good ol days of renting from realtors.

Last fall while staying at Peppertree we were informed that Fesitva had just taken over all of Peppertree properties. They tried all week to drag us into the sales room to tell us all the good things. Each time I informed them that this new deal just locked me into a life of having two vacation clubs.

Last day we finaly caved and sat down with them. They surprised us and came up with a deal that rolled both of our memberships into a Fesitva membership. Having one MF was too good to pass up.

We've been disappointed since. Making a reservation is nothing like they explained. Month after joining I called the salesman we had dealt with on his cell phone. He was to be our representative for all questions. He was going to be with Festiva for long time because they were such a great company. He no longer worked for Festiva. Wasn't happy with the way they worked.

As has been posted on here already. You can't get through to them on the phone. Instead of spending some money and updating the system they seem very happy telling members to schedule their calls to fit Fesitva's schedule.

Today I had phone call from their sales people. Package deal to get sales contacts. Two-three day stays at beach for $100+ with partial refund if friend attends sales meeting. I would have chance to talk to Festiva reps about my questions.

Told her we had reservations in August and we'd just have meeting with them then. She didn't think that could be arranged. It had to be through package deal. Hmmmm. I have to drive 500 miles at $4 a gallon for gas and then pay for a condo to talk to them.

Told her I wasn't interested and she more or less hung up on me. Yeah she said thank you but didn't sound real friendly when she said it.

Right now. Today. This minute. I wouldn't recommend Festiva to my worst enemy.

 

[tombo]

Dear Festiva rep,

Since you no longer use outsourced sale forces I can only assume that the people who lied to me at Blue Ridge Village when I was asked to come to an informational meeting (which would explain to me the Festiva changes at the resort) in December 2007 were Festiva employees. I specifically asked if this was a sales presentation and was told that it was simply an informational meeting to explain the changes, and if I didn't make an appointment to find out about the changes that I would really miss out on important information that I would need to know about as an owner. I went to the front desk and when the woman came to get me she said where is your wife? I said she was packing up everything because we were leaving that day. She said get her here and I said she didn't need to be here because I handle all the timeshares and I was the only one they needed to talk about the changes with. I said she isn't coming, and if this is a sales presentation I don't appreciate being lied to and brought to the office under false pretenses. A man came out and said they just preferred both people to be there so they could answer any questions either of us might have. I said I have to check out within 30 minutes and I need to get back to the room to load the car. They said we will give you a late checkout, no hurry. I said my wife won't come so you can tell me about the changes or forget it. They said they couldn't and I left.

I got to the room and told my wife that I was lied to and I didn't learn anything about any changes at BRV since they wouldn't talk to me without her. I asked if she wanted to go and she said let's get packed, forget the meeting. We were checked out of the room shortly before the check out time, not one minute late, and through sheer luck none of the Festiva people saw me checking out at the front desk. I asked the front desk person to tell me the truth, I said was it an informational meeting I missed or a sales presentation. She said you missed a sales presentation.

I was driving down the road in Boone about an hour later when my cell phone rang. The Festiva woman was on the phone and wanted to know when me and my wife were coming to the meeting. I told her I had checked out,left the resort, and I wasn't coming back. She actually started yelling at me on my cell phone. She said I got you a late check-out and you aren't coming to the meeting! I said I checked out on time and the only reason I would have needed a late check-out was if I went to your SALES presentation. I said I was lied to because I would never have agreed to come to your sales presentation, much less attend one with no offers of gifts or cash. She screamed we had gifts you would have found out about if you had showed up. I said I did show up and you didn't want to talk to me without my wife. She screamed that they had schedules to keep and I had screwed up their morning! I hung up on her and looked at my wife and said I have never had a timeshare person scream at me at any resort for any reason. She said she could hear her screaming even though my cell phone was to my ear. I was then, and am now, still amazed and offended by her rude behavior. This was the worst timeshare experience i have ever had, and out of all the lies timeshare salesmen have told me, Festiva has the only people who refused to even admit that this was a timeshare presentation when asked point blank. I asked specifically "Is this a timehare sales presentation?", and I was told that it was simply an informational meeting, not a sales presentation.

I was lied to and screamed at by Festiva Sales reps. I wasn't feeling good at all about Festiva after my first interaction with Festiva employees. Then comes the annual meeting where one of the owners stands up and says that Festiva can do anything they want at the resort in phase 2 because they own 80% of the vote. He stood and said this after some owners expressed concerns over Festiva's pattern of increasing MF's and assessing at other resorts they managed. My first impression of festiva was horrible. The owner's rude reponse at the annual meeting made me feel worse.

From June 13th until now not one response to my questions, but we now get a response trying to refute the restitution and penalties Festiva has to pay in Missouri by claiming it was all the fault of a 3rd party sales force. Who hired that sales force? Festiva hired them. Who was held responsible and is having to pay refunds and restitution? Festiva. Who was so rude to me at Blue Ridge Village? Festiva employees. Who lied to me? Festiva employees. Who will pay for the fines and restitution that Festiva owes in Missouri? I am afraid it will be passed on to us, the owners at festiva resorts. After all one of the owners of Festiva said that we have no rights because Festiva owns the majority of votes. Here comes the assessments and increased MF's, and of course we won't have a vote or voice in the matter even though we are owners.

 

[gravityrules]

OK, here are the facts about this situation. I know it's all over the Branson news, and not one publication who has written about it has attempted to contact Festiva for our side of the story. Also, the MOAG's office agreed to send us any press release before it went to the media, and they did not do so. So here's our official response with some facts that were left out of the AG's release:

During the time the Missouri Attorney General’s office (MOAG) allegations took place, Festiva Resorts had entered into an agreement with a third party company that provided sales and marketing services for Festiva Resorts in Branson. Any practices engaged in by that company that corresponded with the MOAG’s allegations are contrary to Festiva’s corporate policies.

During the MOAG’s investigation, Festiva Resorts fully cooperated with their office. The relationship between Festiva Resorts and said company has since ceased, and Festiva Resorts no longer uses outsourced companies for any sales and marketing services at our resort sales centers.

To put numbers into perspective, during the nearly five years the third party vendor provided sales and marketing services to Festiva Resorts, the vendor saw in excess of 75,000 customers and generated approximately $125 million in vacation ownership sales.

No flaming intended but that's some spin! The logic presented is flawed.

1. This is an agreement, Festiva agreed to these terms.

2. Whatever you want to say about the MOAG doesn't change the facts. Don't try to make the MOAG out to be the one with the problem.

3. The outsourcing argument doesn't fly, if it did Festiva's sub-contractor would be the one being sued and having to come to terms.

If Festiva is serious about this, then we should expect Festiva to sue this sub-contractor. And while your into ligitation, sue every timeshare salesperson who engaged in the described practices. I await your response as to the legal action Festiva will take against the guilty parties to recover what's paid out in this settlement. I don't think the owners would be pleased to find that they have funded the settlement through increased maintenance fees.

 

[somerville]

... Any practices engaged in by that company that corresponded with the MOAG’s allegations are contrary to Festiva’s corporate policies...

I can't imagine any company having a policy stating it will engage in false and misleading sales practices. However, the real question is were these policies just given a wink and a nod? All companies who hire third parties as agents are responsible for the actions of those agents. Where was Festiva's compliance program for insuring that the company Festiva hired complied with its policies?

 

[tombo]

So for almost 5 YEARS the "third party" provided sales and marketing services to Festiva Resorts, and they were obviously upsetting customers with their lies and other allegedly illegal sales tactics. THESE UNHAPPY CUSTOMERS WERE CALLING FESTIVA TO COMPLAIN ABOUT THE SALES TACTICS THEY ENDURED. Long before most customers who were bullied and lied to (allegedly by a renegade 3'rd party sales force operating against Festiva's wishes for 5 years) called the attorney general, they called Festiva resorts to complain. Through the course of 5 years Festiva continued to employ this "3rd party" group who were doing these horrible things that were against Festiva's corporate policy while receiving many, many complaints of the sales tactics used by the hired help against corporate policy. Why did festiva not read the 3rd party company the riot act, explain to them the corporate policy, and try to satisfy the customers who were sold Festiva points against Festiva's company policy. Why wait to get mad at the 3rd party until the Missouri Attorney General gets involved? Why not fire the 3rd party for not following Festiva's corporate policy? Why wait to provide restitution until forced to do so. Why complain about not getting press releases from the AG in advance(so you can spin a response deflecting blame to the 3rd party)? After years of complaints to your office about the tactics being used by the sales force hired by Festiva, why not fire them before the AG had to get involved? Why not instead start caring about owners and potential owners at Festiva Resorts?

I feel sure that we all know know why Festiva let the sales tactics they were so upset about continue so long without firing the 3rd party sales force because it is stated in the Festiva rep's response below:

""To put numbers into perspective, during the nearly five years the third party vendor provided sales and marketing services to Festiva Resorts, the vendor saw in excess of 75,000 customers and generated approximately $125 million in vacation ownership sales."



The 3rd party generated about $125 million in sales, and that is all Fesiva cared about. Of course they decided they cared about their customers and the sales tactics used to get the $125 million only after the Missouri Attorney General got involved. From the rude treatment I received from the "Festiva Sales Reps", I am pretty sure that nothing has changed but the people to blame when another Attorney General investigation comes.

 

[pop2748]

$125 million and the penalty is what? $300,000. Fibtiva laughing all the way to the bank.

 

[SRSBranson]

During the time the Missouri Attorney General’s office (MOAG) allegations took place, Festiva Resorts had entered into an agreement with a third party company that provided sales and marketing services for Festiva Resorts in Branson. Any practices engaged in by that company that corresponded with the MOAG’s allegations are contrary to Festiva’s corporate policies.

I represent a company with which Festiva had a sales and marketing agreement in Branson for the past few years. I am not sure exactly the company Festivarep refers because there have been two companies doing sales and marketing for Festiva in Branson the past 5 years. One is Branson Resources, LLC which Festiva owned 75% and the other ,My company Summerwinds Resort Services. SRS was created in Feb. 2005 and all those persons who were part of the AG's lawsuit were sold Cabins at Green Mountain prior to that, by Branson Resources. All sales staff of Branson Resources had their paychecks signed by Festiva.

In 2005 Branson Resources was dissolved by Festiva. In late Dec. 2007, the agreement between Festiva and Summerwinds was terminated by Summerwinds due to multiple substantial breaches by Festiva. Festiva and Summerwinds are now in the middle of a lawsuit in which Festiva is suing for specific performance that Summerwinds and another company continue under the terms of the contract and Summerwinds and the other company is suing Festiva for $9million damages for the multiple breaches of contract. Amongst those breaches are the damages caused by the customer service so many seem to have issue with.

I know each will believe what they will, but I felt compelled to respond to the aptly designated "spin" from Festiva.

P.S. Our company has never sold the "Festiva Adventure Club" for Festiva, we sold Cabins at Green Mountain after 2005 and portions of Stormy Point Village all under the direction of Festiva.

While he did not write this, this information was given to me to post by the President of Summerwinds Joseph P. Joyce.

 

[JMAESD84]

$125 million and the penalty is what? $300,000. Fibtiva laughing all the way to the bank.

Exactly, they simply see this a a reasonable cost of doing business. And all the better when they claim no knowledge or responsibility for the wrong doing, by blaming roque third party operations.

Show some real coroporate responsibility to ethical business practices.

My guess is that the settlement came with no addmission of guilt.

Get real.

 

[tombo]

SRSBranson, thanks for filling us in on information that sounds very interesting. You informed us that one of Festiva's marketing organizations was 75% owned by Festiva. Then you inform us that ALL the sales that were settled by the Missouri Atty General's office were sold by the company that Festiva owned 75% of, not your company. That to me is not a third party company in anything other than name. It wasn't Festiva selling the timeshares, but it was a company that was 75% owned by Festiva marketing for Festiva. If I owned 75% of a company I would call it my company since I can outvote the 25% owners on anything. Festiva had no problem informing us at our annual Blue Ridge Village meeting that they could do whatever they wanted to do at the resort because they own 80% of the vote. Those same Fesiva owners can't stop a 25% minority owner from marketing in a manner against their own corporate policy. I can see why Festiva agreed to the MOAG's terms because they know that they would have been crucified in court if this evidence had been presented to a jury. None of this is surprising considering what I have seen from Festiva so far.

Why do you suppose that Festiva Rep never mentioned that they were the majority owners of the renegade "3rd party sales force" operating against their wishes? I wonder how the company that Festiva owned 75% of could operate for 5 years against Festiva's own corporate policy. Can you say scapegoat?


Festiva is suing your company (Summerwinds) to make you keep marketing their timeshares, meaning that they like the job you are doing. However, you do not want to continue selling for them for many reasons, but one of them is because of damages to your company because of Festiva's poor customer service. This is what we have been saying here all along. Festiva doesn't care about it's owners at all. Your company is guilty by association since you sell the weeks to owners and Festiva then treats the people horribly. You assure people at the sales presentation that they are buying into a wonderful company, and they instead own Festiva. Your company loses credibility and is open to being sued too since you marketed Festiva's weeks.

I hope your company wins it's 9 million dollars from Festiva and that your law suit puts them out of business. I am afraid that instead whatever you win will be passed on to us owners in the form of higher MF's and assessments levied by Festiva. Either way every time they get sued and lose their name gets out in the public. They want to treat owners like cr*p without the media reporting it. After a couple of public high profile losses, Festiva might have to sell, file bankruptcy, or do the unthinkable, treat their owners with respect, courtesy, and appreciation.

Thanks for coming to our forum and enlightening us on some facts that Festiva Rep didn't mention. I am sure that we all look forward to Festiva Rep's response to you.

It is refreshing to have the president of Summerwinds respond rather than someone lower in the company who would become the scapegoat if things get rough. Joseph P Joyce, president of Summerwinds, went on the record to complain about customer service by a timeshare company, which is a rare thing in the timeshare world. All we usually hear from President's of companies involved with timeshares is that they had no idea what someone was doing, they are investigating the allegations, and if any wrongdoing is found to have occured the employee(s) (i.e. scapegoat) will be dealt with appropriatelly.

 

[somerville]

...I searched Festiva here on TUG and found that there is a law suit against Festiva at the Atrium in St Maarten. Supposedly they raised MF's at the Atrium over 50% the first year and then again the second year while trying to change contracts to the detriment of current owners...

The below bankruptcy notice was recently posted on the Equivest-Peppertree Timeshare group on Yahoo Groups and on StreetTalkBlog.com:

NOTICE OF BANKRUPTCY
By decision d.d. June 16th, 2008, the Court in First
Instance of the Netherlands Antilles, St. Maarten,
declared the bankruptcy of
FESTIVA RESORTS Int. N.V.
appointing mr. R.W.J. van Veen as delegated
judge and mr. F. T. Hiemstra as trustee.
Date, time and place for the first creditors' meeting
are still to be set. All creditors are herewith
requested to submit their claim against Festiva
Resorts Int N.V. to the trustee in writing and with
submission of evidence of the claim ultimately on
July 31 2008, at the following address.
mr. F. T. Hiemstra, Trustee
HBN Law
W.G. Buncamper Road 33
Philipsburg, St. Maarten
Phone: +599 542 22 72
Fax: +599 54243 81

 

[Kozman]

Festiva Bankruptcy?

Does anyone know how this bankruptcy affects other Festiva managed resorts. Did the entire company file for bankruptcy or just that particular resort?

 

[tombo]

I am sure they will lose every suit filed against them because in my opinion they operate in an unethical, probably illegal manner. I would bet in this case that they are only affected at their St Maarten resort since the ruling was in St Maarten by a St Maarten court. When you operate in a less than honorable business manner, you cover your tail so getting caught in one area or one location won't put you out of business. I wouldn't doubt that they removed all the assets they could from that country in order to keep operating their greedy self serving business over here. I look forward to someone answering the question who knows more about the law suit.

If Festiva loses the 9 million dollar suit filed against them by Summerwinds, then the plague that is known as Festiva might be removed from our resorts. If they file bankruptcy and go out of business I can't imagine a company (other than Westgate) who would take over and treat the owners worse. For now I can only hope that Festiva loses all of the suits currently filed against them, that many more new suits are filed, and that they are driven out of business.

 

[jercal10]

Tombo:
Why don't you tell us how you real feel about Festiva!

 

[Carolinian]

I wonder how many of the old Peppertree resorts can do what Outer Banks Beach Club I and II did. Their owner-controlled HOA's ousted developer managment and selected their own new management company. Also several HOA's at the four resorts developed by First Flight Builders on the Outer Banks ousted developer management, with some going to an HOA-hired manager and some to third-party management companies.

HOA's need to assert control, and let the developer know that they are no longer calling the shots.

 

[timeos2]

I wonder how many of the old Peppertree resorts can do what Outer Banks Beach Club I and II did. Their owner-controlled HOA's ousted developer managment and selected their own new management company. Also several HOA's at the four resorts developed by First Flight Builders on the Outer Banks ousted developer management, with some going to an HOA-hired manager and some to third-party management companies.

HOA's need to assert control, and let the developer know that they are no longer calling the shots.

AMEN! Steve and I don't agree on too much it seems but on this subject we are in perfect sync. It is a shame that more Associations don't have members active and caring enough to fight to take control of what should be their resorts. Left to the Developer to manage it is a virtual guarantee of a poorly operated resort.

 

[FestivaRep]

RE: Notice of Bankruptcy

The news from St. Maarten actually does not affect our Atrium resort at all, nor does it affect the company as a whole, or any of our other resorts. And it is completely unrelated to the court action involving owners of the Atrium.

Simply put, the company mentioned in the news release in St. Maarten, "Festiva Resorts International, N.V.," is a St. Maarten-based company that has been dormant since 2005 with no assets or liabilities. Recently that company was placed into bankruptcy; however, no part of anyone's membership has been or will be affected.

The 'Notice of Bankruptcy' posted below was in the St. Maarten Daily Herald Newspaper along with other local bankruptcy notices, and does not mention any of Festiva's resorts (including the Atrium) or any of Festiva's active companies.

 

[jercal10]

Festiva Rep:
Thanks for the clarification.

 

[tombo]

The news from St. Maarten actually does not affect our Atrium resort at all, nor does it affect the company as a whole, or any of our other resorts. And it is completely unrelated to the court action involving owners of the Atrium.

Simply put, the company mentioned in the news release in St. Maarten, "Festiva Resorts International, N.V.," is a St. Maarten-based company that has been dormant since 2005 with no assets or liabilities. Recently that company was placed into bankruptcy; however, no part of anyone's membership has been or will be affected.

The 'Notice of Bankruptcy' posted below was in the St. Maarten Daily Herald Newspaper along with other local bankruptcy notices, and does not mention any of Festiva's resorts (including the Atrium) or any of Festiva's active companies.

You refuse to state that Festiva had no ownership or involvement with Festiva Resorts Int'l NV. We instead get more double talk stating that Festiva Resorts Int'l NV is a dormant St Maarten based company with no assets or liabilities. First, I believe that filing bankruptcy would mean that the company has some liabilities, otherwise you would simply shut the corporation. You file bankruptcy so you don't have to pay the people you owe or have wronged. Second,I am sure you neglected to say that it is (or was) another company owned by Festiva or which festiva had controlling interest in. The fact that Festiva owns numerous companies like the "3rd party sales" company which you blamed the whole Missouri law suit on is not surprising. What is surprising is acting like the companies have nothing to do with Festiva, when in fact they are simply a different corporation with the same owners. Then of course you tout the fact that this is a whole different company than the "Festiva company" the owners at the Atrium are suing , like that makes it better for Festiva's public relations.

Your last response said:

"During the time the Missouri Attorney General’s office (MOAG) allegations took place, Festiva Resorts had entered into an agreement with a third party company that provided sales and marketing services for Festiva Resorts in Branson. Any practices engaged in by that company that corresponded with the MOAG’s allegations are contrary to Festiva’s corporate policies. "


Then Summerwind informs us that Festiva owned 75% of the "3rd party marketing company" (Branson Resources LLC) who was totally to blame for the marketing practices which were done against Festiva's corporate policy. Any practices engaged in by that company were actually practices engaged in by your company since you (Festiva) owned 75% of the company. A majority owner of a company is the owner, no if's, and's, or but's.

It would be a huge coincidence if a totally different Festiva company than yours took over the Atrium resort at the same time that your "Festiva"started managing the Atrium. I assume that your ownership of Festiva Resorts Int'l NV is something you would simply rather not discuss just like you conveniently forgot to mention the fact that Festiva owned 75% of that unethical "3rd party marketing company" (Branson Resources LLC) who was marketing your timeshares against Festiva's corporate policy in Missouri. It seems to me like we are getting a lot of spin with very few facts.

 

[jercal10]

Simply put, the company mentioned in the news release in St. Maarten, "Festiva Resorts International, N.V.," is a St. Maarten-based company that has been dormant since 2005 with no assets or liabilities. Recently that company was placed into bankruptcy; however, no part of anyone's membership has been or will be affected.

The 'Notice of Bankruptcy' posted below was in the St. Maarten Daily Herald Newspaper along with other local bankruptcy notices, and does not mention any of Festiva's resorts (including the Atrium) or any of Festiva's active companies.[/QUOTE]


Tombo : I know you have your personal thing , but to me and I assume to other Festiva resort owners as well is the statement of no impact to current
operations of the Atrium or any other resort. I appreciate the input from Festiva Rep and hope you arenot able to chase her away!

 

[tombo]

Tombo:
Why don't you tell us how you real feel about Festiva!

If I hadn't been screamed at by their sales rep for not bringing my wife to a sales presentation (which I was promised was not a sales presentation), I might not dislike them so strongly. If they didn't have a track record of coming into resorts and raising MF's considerably and assessing the owners (both of which they are planning on doing at my resort), I might not have a problem with them managing my resort. If they didn't come in to a resort that has been sold out for years and place their employees on the board in numbers that give them the majority vote, I would feel like my interests as an owner could be protected by my HOA. If they had not informed us that we were going to have our resort renovated at our expense without voting on it or even entering into discussion with the owners, I might think they cared about the owner's wishes. If one of the owners of Festiva hadn't stood up at the annual meeting and informed owners who were asking questions that Festiva controlled 80% of the vote and that they could do whatever they want to at the resort regardless of owner's wishes, my level of animosity would be greatly diminished. If they weren't planning on building a whole new development in our beautiful, natural, undeveloped woods simply because they bought the resort (which will crowd our resort's common areas), they might be acceptable owners. If they weren't currently being sued by the owners at The Atrium, being sued by Summerwinds, and just finished agreeing to refunds and restitution for wrongdoings in Missouri, I might feel that my first impressions were wrong. When virtually every owner of a Festiva resort here on TUGG is very upset with Festiva, I have to feel that the resort is not making many of it's owners happy. When Festiva gets sued by owners at 2 different resorts at the same time, that is a claim to shame that few resorts can match. The fact that all of the above formulate my Festiva experience should explain my extreme dislike and distrust of the company who is ruining a resort I love.

 

[tombo]

I also own @ Tamarack.I am awfully concerned with the financial status.
a) spl ass 2 years ago since 20% of the people not paying MF's.
B) Little or no info since as to status of those units-are people paying?
c) Budget that they send us "pretends" all people are paying MF's
D) 2008 budget they sent us shows an apparent $400K loss--
E) Can't tell how much we are paying Festiva -- the budget categories were changed from prior years.

F) Those "nice people" on the board don't seem to have a clue as to how much in the hole we are.

Regarding Festiva -I've seen bad press here about spl assessments (2yrs MF) @ the Atrium in St Maaarten.

As I look back at one of your previous posts placed before the Festiva rep showed up, it doesn't seem like you were overly thrilled with having Festiva at your resort either.