Can I get my money back?

[ampaholic]

The contract is questionable in this case because the Vendor's part of the bargain was not clearly understood by the renter - weather this lack of agreement on usage time-span was due to the renter's lack of diligence or in some way because the Vendor was unclear is open to interpretation and therefore is open to litigation.

Litigation is likely out because of distance and dollar amount, but if the situation was worded "just right" with the CC company it might well be overturned.

Or you could modify your plans and go enjoy the 4 days? Any vacation is better than none?

Have you looked into adding the three days from another source (Hotel etc.)?

Did you perhaps write in the comments of your PayPal payment "Deposit for 7 days at XXX Resort"?

 

[Passepartout]

Threaten the landlord with a bad review if he continues to be intractable about this. Small and occasional renters rely on repeat business and word-of-mouth advertising. He will suffer far more damage that he could sustain from the loss of 3 days rental income.

Good luck and continue to hope he'll see the error in his ways.

You also might forward this thread to him to show how he's on the wrong side of this issue.

Jim Ricks

 

[DeniseM]

Guest certificate does not mean "Exchange" which many of us here on TUG are very quick to conclude. Marriott, Wyndham, Starwood, Hilton, Grand Pacific Resorts all issue some type of guest certificate/guest confirmation for their owners. No, this is not an exchange.

Starwood does not issue a guest certificate or guest confirmations - they simply change the name on the regular confirmation.

 

[DeniseM]

Regarding the owner not taking down the ad -

When I list a rental the ad stays up until I receive the full amount of the rental from a renter. The ad comes down only when I have full payment in hand.

Until payment in full is received the person is only "holding" the reservation. If someone comes along who is willing to pay in full, the person who has made a downpayment gets the choice of either paying in full to complete the reservation or getting a full refund of money.

Ditto - Always good to have a backup.

 

[vacationhopeful]

I understand the mishap on your part - a 4 night offering on Redweek verses the normal 7 night. I see those and I usually only notice them as the price offered is lower than the other listings. (Thinking how are they doing that for that price?).

Is this a separate reservation or a partial of something he is using (or renting to someone else)? If it is a weeks resort, a short week is really strange. As you have "paid" as deposit, ask him for the reservation/confirmation number. Then verify with the resort the dates for that stay.

Yes, I sometimes rent out a long weekend - I have 2 booked for the upcoming FL winter scene this year. But I always start an answer to an inquiry as "this is a 3 night stay".

 

[teepeeca]

From what I have read on this post, the timeframe (amount of days to be used) was clearly stated in the ad. Sure, it was NOT NOTICED by the person who paid the initial "non-refundable" deposit, and he readily admitted that it was "his" mistake.

Many resorts allow a "split-week" option (usually for an additional fee) that allows you to make two separate reservations, again usually, for a 3 day stay and a 4 day stay.

I "think" the initial ad for the time at the resort was stated; dates of occupancy would show that it was for 4 days; so there should have been "no confusion" on what was being offered. The contract was clear, and not misleading in any way.

The renter might be "nice" to the seller of time, and ask if could try to re-rent the unit, and then give a refund to him. I'm sure the renter is NOT DEMANDING anything from the seller, but trying to mitigate his mistake.

Tony

 

[yumdrey]

I often get confused about 4 days (sometimes 14 or more days) rental ads.
If the price is similar to a week long rental, it's hard to recognize.

This week can possibly re-rented for the same price because it has 8 months to go. Tell seller to try re-rent this week or ask if you are allowed to find someone else who can use it (and you can recoup your deposit).
Good luck!

 

[richardm]

I just want to make sure I've got all the basic facts straight...

The ad was posted correctly..
The contract clearly stated no refunds or cancellations...
The renter paid a 50% deposit understanding there was not a cancellation policy...
The renter now wants to cancel and is upset there is not a cancellation policy which gives a refund....

Seems to me like everything else talked about here is just confusing the basic point, which is that the RENTER is at fault..

If we flipped the situation and it was the renter who wanted to now cancel because he had made a mistake and priced too low (given that the first renter now has eight months to find other accommodations), would we consider that to be reasonable? No... I think not....

Trying to create excuses or loopholes, filing a escrow dispute without a valid reason, or threatening the property owner with posting negative comments about him (when again the owner was not the party at fault) is ridiculous and a very sad statement about the integrity and character of individuals.

The reasonable thing to do is (and from the OP's honesty in the original statement I expect is the course of action that will be taken to resolve this) is to admit the mistake and to politely request to be allowed to try and locate a replacement renter. If you cannot locate one- then you take your lumps and enjoy a shorter vacation than originally planned..

Another option is to try and purchase the additional three days needed to make your full week.. This may end up costing you more than you had hoped to spend, but perhaps not.. It's likely you jumped on the four day ad because it was priced below market for a weeks stay thinking you were getting a steal.. By the time you secure the remaining days- you may not end up that far above market value.

 

[T_R_Oglodyte]

Threaten the landlord with a bad review if he continues to be intractable about this. Small and occasional renters rely on repeat business and word-of-mouth advertising. He will suffer far more damage that he could sustain from the loss of 3 days rental income.

Good luck and continue to hope he'll see the error in his ways.

You also might forward this thread to him to show how he's on the wrong side of this issue.

Jim Ricks

I just want to make sure I've got all the basic facts straight...

The ad was posted correctly..
The contract clearly stated no refunds or cancellations...
The renter paid a 50% deposit understanding there was not a cancellation policy...
The renter now wants to cancel and is upset there is not a cancellation policy which gives a refund....

Seems to me like everything else talked about here is just confusing the basic point, which is that the RENTER is at fault..

If we flipped the situation and it was the renter who wanted to now cancel because he had made a mistake and priced too low (given that the first renter now has eight months to find other accommodations), would we consider that to be reasonable? No... I think not....

Trying to create excuses or loopholes, filing a escrow dispute without a valid reason, or threatening the property owner with posting negative comments about him (when again the owner was not the party at fault) is ridiculous and a very sad statement about the integrity and character of individuals.

The reasonable thing to do is (and from the OP's honesty in the original statement I expect is the course of action that will be taken to resolve this) is to admit the mistake and to politely request to be allowed to try and locate a replacement renter. If you cannot locate one- then you take your lumps and enjoy a shorter vacation than originally planned..

Another option is to try and purchase the additional three days needed to make your full week.. This may end up costing you more than you had hoped to spend, but perhaps not.. It's likely you jumped on the four day ad because it was priced below market for a weeks stay thinking you were getting a steal.. By the time you secure the remaining days- you may not end up that far above market value.

I don't agree that the owner is on the wrong side of the issue. I think that richardm nailed it exactly.

The OP entered into a non-refundable contract. The OP acknowledges knowing it was non-refundable.

I utterly fail to see how the owner is on the wrong side of the issue by maintaining that "non-refundable" means that the payment is not refundable. That does not mean the owner can't be gracious and try to work something out. But the owner is certainly under no obligation and in no way is being unreasonable by saying the payment is non-refundable.

 

[am1]

If I am the owner I want to make sure that when it comes time to be paid the other half I know the renter will be paying it.

It is in their best interest to find a happy renter for that and other reasons.

But they are within their right in not wanting to refund the deposit.

It is best to rent from a high volume rental company. Its a simple refund and then move on.

 

[T_R_Oglodyte]

It is best to rent from a high volume rental company. Its a simple refund and then move on.

The high volume rental companies are almost always more expensive - being established businesses that offer things like refunds they can charge a premium. The only way a small time owner can compete is by offering lower price.

So it's a tradeoff - if you place value on dealing with an established business and having options such as refundable payments, you will pay more for those benefits. If you are willing to accept less, such as making non-refundable payments, you can do so.

 

[Hassie]

ReRenting our timeshare.

I am speaking as an owner and list our TS's on Redweek but always insist on using the RedWeek Escrow program to protect both parties. We had rented one of our timeshares less than 60 days before the occupacy date, so the renter had put the entire rental fee in escrow. Two weeks before occupancy took place, the renter said they could not make the trip. I immediately relisted the rental on Redweek. We were lucky to get another renter about a week before the occupancy date for $800 which was less than the orginal $1,000 rent . We refunded the original renter their $1,000 minus the $200 difference approximately two weeks after the occupancy date when we recieved our payment per the terms of the escrow agreement.

 

[Passepartout]

I don't agree that the owner is on the wrong side of the issue. I think that richardm nailed it exactly.

OK. Though written to be an unrefundable rental, I still hope that the landlord renting the vacation rental will find another potential tenant and the OP can get his funds back or otherwise get the full 7-day rental that he thought he was getting at the outset.

Jim

 

[yumdrey]

I am speaking as an owner and list our TS's on Redweek but always insist on using the RedWeek Escrow program to protect both parties. We had rented one of our timeshares less than 60 days before the occupacy date, so the renter had put the entire rental fee in escrow. Two weeks before occupancy took place, the renter said they could not make the trip. I immediately relisted the rental on Redweek. We were lucky to get another renter about a week before the occupancy date for $800 which was less than the orginal $1,000 rent . We refunded the original renter their $1,000 minus the $200 difference approximately two weeks after the occupancy date when we recieved our payment per the terms of the escrow agreement.

You did the right thing as an owner, and you are very reasonable.
However, sometimes assignee doesn't want to accept that $200 loss.
I am glad that the person who cancelled renting your TS was reasonable too.

 

[wilblau]

Maybe you shouldn't feel too bad if......

I am looking of some advice and probably some grief will come my way (given the fact that it is my mistake).

About 10 days ago, I rented a reservation for last week of June 2012 dates listed on redweek.com. Then I paid half of the rent via paypal (credit card) after the owner sent me an invoice, with dates of the rental, resort name, and the fact that this amount was non-refundable. Balance of 50% is due last week of April, 2012, at which time the owner will get me a guest certificate. 2 days after paying, I realized that the rental was listed as for 4 nights only and I mistakenly read it for "7 nights" Totally my mistake. The listing was still active on Redweek and that is how I caught my mistake. I approached the owner saying no time has been lost in this transaction, so give me the refund since this was honest mistake. He is refusing to give any refund. Total rental was $1200. I rent out my own weeks, but always 7 nights, so this just slipped through the cracks as I failed to notice the dates amounted to 4 nights only.

I do not want this 4 night reservation, so what should I do to get my money back (if I can get it back)? I am willing to give him a small cancellation fee for his headache. His listing is still active on Redweek.

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If the ad is still running, maybe there's a chance the owner will find another who will pay the full fare for the time and refund the deposit less a penalty.
You could always take the time and make the owner sorry you did....... before during and after the stay. Good luck.

 

[DeniseM]

--------------------------------------------------------------------------
If the ad is still running, maybe there's a chance the owner will find another who will pay the full fare for the time and refund the deposit less a penalty.
You could always take the time and make the owner sorry you did....... before during and after the stay. Good luck.

Really? This is what you have to say in your first post on TUG???? I hope you never want to rent here!

BTW - if you make the owner "sorry during your stay" the damages will all be charged on your credit card - have fun with that!

 

[Mr. Informed]

[We don't permit the posting of unidentified phone number on TUG - if you have something to share post it here - but if it is commercial - don't. - DeniseM Moderator]

 

[DeniseM]

User banned - I googled the number - this was simply a come-on for a "recovery" company.

 

[ampaholic]

Thanks for watching our backs Denise

 

[DeniseM]

Thanks for watching our backs Denise

My pleasure - apparently "Mr. Informed," was not informed about the posting rules!