I got the "uninhabitable" email from Redweek, and I wrote them back and said I disagreed because "not Habitable" is defined by "storm, fire or flood". I also said "arbitration" involves the engagement of the parties involved, which I was not. Below is what I received (resort was in Hawaii). What gets me is they admit they are ignoring the terms of the contract. Amazing.
Hi Andrew,
The essence of the contract between the owner and the renter is that the owner is providing a usable vacation condo property.
While the words in the contract may miss a literal reference to a Government mandated closing of the whole city or state that the resort lies within, the purpose of the contract is clear.
Our experience is that timeshare resorts, particularly, Marriott and Westin resorts, will claim they are open when for all practical purposes they are not. Resort amenities are closed and housekeeping services are no longer provided. This is because they already have the maintenance fees from the owners for the year and only feel obligated to give the owner remediation if the resort admits to being closed.
RedWeek is refunding renters who are denied the reasonable use of the property regardless of the legalistic reading of the contract. In the case of this transaction, the Island of Maui and the State of Hawaii were in a virtual shutdown in the week leading up to the check-in date.
· On March 11, the World Health Organization declared a pandemic.
· On March 13, the President of the US announced a National Emergency.
· On March 17 the Governor of Hawaii issued emergency rules that shutdown most of the businesses on the islands.
On March 26 the Governor of Hawaii issued a mandatory 14 day quarantine for all visitors.
This situation is not unique. RedWeek is buried under the crush of cancellations that have come from travelers and is suffering the overload and inability to keep up with what is over 100 times the normal for us.
The unit was uninhabitable for all practical purposes. Someone will lose in this warlike event... the traveler or the owner. Both are our customers and we only make money when the owner is paid.
We judged the owner's property was made useless by the decisions of the government in an unprecedented, unpredictable situation. While we totally empathize with our owners... we cannot in good conscience, decide any other way.
Warm Regards & Be Well,
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Dear Redweek:
1) The definition of the of habitable is provided in the rental agreement and it does not include this as a circumstance. Further, the resort was open, as you know.2) Arbitration requires the involvement of both parties. I was not contacted by the "arbitration panel" and as such, the process did not allow for due process and as such is unfair and arbitrary.
I think Redweek has attempted to find the only potential loophole in the contract to favor the Renter, and done so in an unfair, inaccurate and deliberate manner to exclude feedback from both parties.
You should be ashamed of yourselves.
On Monday, April 6, 2020, 02:19:34 AM EDT,
arbitration@redweek.com <
arbitration@redweek.com> wrote:
Resort: Marriott's Ko Olina Beach Club
Check-in: 2020-03-21
A dispute was opened concerning this booking, as permitted by section 2 of the Rental Agreement.
The RedWeek arbitration panel has reviewed this case and determined that, due to the ongoingglobal Covid-19 pandemic, the rental unit is not habitable.
Per section 2 of the Rental Agreement, therefore, the panel has found in favor of the renter,and will be issuing them a refund.
We are sorry this booking did not work out as planned. These are unprecedented times and we appreciate your understanding in this matter.
Sincerely,
RedWeek Customer Service