StayPC/Vacation Candy Demanding Repayment for Rental

[grgs]

I just received an email from StayPC demanding repayment of the rental fee paid for a week they rented from me at Westin Kierland. The check in day is tomorrow. This is the first they have contacted me about it.

This the text of the email:

You are receiving this email because you entered into a rental agreement with VacationCandy for a recent, current and/or upcoming reservation on behalf of a VacationCandy traveler. VacationCandy is actively monitoring the current COVID-19 pandemic and the impact it has on our rental agreement.

Given the current pandemic, travel bans/restrictions, quarantine mandates, resort closures, etc.. A termination of contract for the rental agreement as it relates, but not limited to, impossibility/impracticability of performance and/or frustration of purpose. As such, a refund for monies paid is now required and due immediately.

Refunds may be issued by one of following methods:

PayPal Personal Transaction (Friends and Family): accounting@vacationcandy.com

Check: Made out to:
VacationCandy
Attn. Accounting
275 E. South Temple Suite 103
Salt Lake City, UT 84111

Should you have any questions, feel free to reach out to our customer service team. Due to the high volume of inquiries being received our response times are significantly delayed. To facilitate an expedited refund resolution please use the following contact info:

Email: cancellation@vacationcandy.com
Phone: 888-998-1787

I don't see anything in the agreement I signed that says they have the right to cancel the agreement like this. I know quite a few of us have weeks that we have rented to them. As far as I know, the resort is open, so I'm afraid to cancel the reservation, and then give them cause to demand the repayment.

Anyone else in this situation? Has anyone else received a similar email?

 

[pacman777]

I’ve rented to their guests before. They need to suck it up and take the loss If they were brokering the deal. Their contract states it’s non refundable to their guests. Check the agreement terms. This whole Corona incident is going to change how travel agreements are written.

 

[TheTimeTraveler]

This is really uncharted territory. Their contract states it's non refundable to their guests, but you can bet their guests are raising heck with them demanding refunds, and they in turn are going back to the property owners to cushion themselves.

There is no easy solution, and some of these cases will likely work their way into the Court system for final resolution (some time way down the line).

In the meantime, buckle up and do what you feel you need to do. Personally, I would make them work really hard before considering to issue any refund.

Doesn't StayPC buy your reservation from you and then sell it to whatever the market will allow?



.

 

[Iggyearl]

Given the current pandemic, travel bans/restrictions, quarantine mandates, resort closures, etc.. A termination of contract for the rental agreement as it relates, but not limited to, impossibility/impracticability of performance and/or frustration of purpose. As such, a refund for monies paid is now required and due immediately.

Read this over and over and over. It says nothing. You would be wise to review every word in your contract. Somebody on crack wrote that so you would think it is legalize. It is pure baloney. No common sense. No sentence structure. Ask them to call you and record the conversation. They have no case.

 

[bogey21]

I think I would totally ignore their request if this is your only open transaction with them. My guess is that time is on your side...

George

 

[grgs]

They have this statement on their website for clients renting from them:

 

[grgs]

Doesn't StayPC buy your reservation from you and then sell it to whatever the market will allow?

I believe they wait until a client asks for a particular week, and they rent the week from an owner on behalf of their client. I'm sure they make a good profit doing this (or had).

 

[jimwu921]

I received the same email for tomorrow check-in at Harborside. Below are the related portion of the agreement and I really cant find what part gives them the right for this. I will work with them if they let me know earlier but definitely not the the day before.

"If Owner is unable to provide VacationCandy’s Guest with the agreed upon reservation, Owner agrees to provide VacationCandy with a suitable alternative and bear any cost associated with that alternate reservation (Acts of God excluded). If there are any changes to the reservation, Owner agrees to notify VacationCandy within 24 hours. Any changes to the reservation must be approved by VacationCandy. VacationCandy verifies that Guest has agreed to comprehensive Terms and Conditions at the time of booking. VacationCandy is the responsible party for this transaction and assumes responsibility for all payments due to Owner. VacationCandy also agrees to be responsible for any incidentals and/or damages for which the resort is unable to collect from the guest’s authorized credit card. This agreement contains the entire understanding of the parties hereto with respect to the transactions and matter contemplated hereby, from and after the effective date, and supersedes all previous agreements between the parties concerning the subject matter set forth in the terms of this agreement. This agreement can only be modified if amended in writing and signed by both parties. All legal proceedings or disputes relating to the subject matter of this Agreement shall be maintained in courts sitting in Salt Lake County, in Salt Lake City, Utah. If legal action is necessary, the prevailing party shall be reimbursed by the losing party for fees and court costs in addition to any monetary settlement. VacationCandy is a Utah company based in the mountain town of Park City. We conduct all of our business from either Park City or our downtown Salt Lake City office. By entering into this contract, you acknowledge that you are conducting business in Utah, with a Utah Company. "

 

[grgs]

Yes, I have the same language in my agreement. Since Kierland is open, I have provided the agreed upon reservation. I agree that if they had contacted me sooner, I could have worked with them.

When did you receive your email? I just received mine a few hours ago.

 

[chapjim]

I have a "thing" going with Vacation Candy except I offered to cancel a $3,500 rental and refund $3,300. The $200 difference is what I paid -- Wyndham's guest confirmation and the PayPal commission. Vacation Candy is disputing the $200 although I think more on their behalf than on their guest's.

The resort is open and like grgs, I'm relying on the first sentence of VC's agreement with me. I provided the reservation. I can't help it if Disney is closed.

I told them that, as an agent for their guest, they had an obligation to present my offer to their client. A day later, they said they did. Wyndham is allowing no-penalty cancellations up to the day before check-in. I'm fine with them waiting. If the resort closes between now and then, I'll refund the entire amount (although technically, I provided the reservation).

Since the amount at issue is only $200, litigation makes no sense. It would cost that to file a complaint.

 

[SteelerGal]

I have an upcoming rental next month in Palm Desert. I asked if they had any correspondence w/ their renter because I need to know if I need to cancel and rebook. Zero response.

 

[pacman777]

Didn’t realize they’re calling themselves VacationCandy now. Sounds like a strippers name. I wouldn’t pay them anything. They’ll spend more in legal costs going after a case that they’ll likely lose if it went to court.

 

[Grammarhero]

@grgs what they are doing is bush league. They could have notified you well in advance but didn’t. You are within your legal and moral rights to collect rent.

 

[VacationForever]

So is StayPC the same as Vacation Candy?

 

[grgs]

So is StayPC the same as Vacation Candy?

Yes.

 

[bizaro86]

"I am willing and have provided the required reservation, and won't be refunding. As a courtesy, I would be willing to rebook for available dates into the future. I will only do so if you confirm that no refund is due."

 

[pacman777]

Reading that note sounds like those Nigerian scam emails try to scam you out of money. What infuriates me is they are trying to pass their liability onto you. Don’t let them bully you into paying. Even their terms seem fishy: “All legal proceedings or disputes relating to the subject matter of this Agreement shall be maintained in courts sitting in Salt Lake County, in Salt Lake City, Utah.” Maybe they got their buddies presiding over their courts. Worst case they’ll get a judgement against you which won’t matter much unless you live in or move to Utah.

 

[ausman]

I read and although it seemed written and originating from something dubious, I reread it for meaning.

It very much seems something couched in somewhat legalese designed to present if there was an obligation on your part.

I'd ignore it and treat it as one of many duplicitous messages received daily.

 

[DanCali]

Just got the same email for a Kierland reservation checkin date of tomorrow. Literally came after 10:30pm ET. This is ridiculous... If I cancel now the staroptions will be restricted and pretty useless to me.

From what I can tell I performed everything I needed to under the contract. The resort is open and my guest is from a non "shelter in place" state. The "impossibility" and "frustration of purpose" claim seems to perhaps apply to the guest but my contract is not with him. It's with VacationCandy. If Spring Break is cancelled and they don't want to go that's what travel insurance is for.

 

[DanCali]

Needless to say I am done with renting through any form of intermediary too...

Not sure how they have just 0 reviews on BBB after 13 years in business and a A+ rating. Between renters not understanding the meaning of "nonrefundable" and VacationCandy harassing owners with last-minute demands for refund, I wonder how that will change in the coming days/weeks.

VacationCandy | Better Business Bureau® Profile

This organization is not BBB accredited. Online Travel Agency in Park City, UT. See BBB rating, reviews, complaints, & more.

www.bbb.org

 

[SteelerGal]

I am in contact w/ VC. Will let you know how it goes.

 

[dlpearson]

Maybe they got their Mormon relatives presiding over their courts.

Umm, what kind of inane comment is that?

 

[grupp]

Received the e-mail from VacationCandy. No plans on send any refunds since resort is open and Marriott not allowing cancellation.

 

[TDS]

I, too, have received the "refund" email referenced here for a stay at Kierland (check-in is 3/28).

• Like others here, I have sent a message requesting that they indicate where in the rental agreement there is reference to impossibility/impracticability of performance and/or frustration of purpose (of course there is none).
• I have pointed out that their website says, "Reservations are non-refundable. There are no refunds for travel or weather related occurrences" (https://vacationcandy.com/cancellation).
• I've asked them to confirm that they are not only refunding the rental fee I received, but also the listing fee they charge the renter...I could imagine they might refund what I return, but not the fee they collected.
• Finally, I offered to reschedule the rental or consider a partial refund - options I'm offering to other renters with whom I have direct rental agreements (no 3rd party).

No response yet, and not planning to issue a refund at this time...need to hear more from them than the message we've all received.

 

[ocdb8r]

Just to be clear, the doctrines of impossibility/impracticability of performance and/or frustration of purpose are parts of contract law in most common law jurisdictions. They do not need to be written in to the contract to be used in a court of law to invalidate a contract. That said, there are a litany of considerations a court would look at - these are not easy doctrines to use to invalidate a contract.

For impossibility/impracticability, performance of the contract literally has to be impossible. In this specific case, my personal thoughts are:

1. I don't think there's ANY chance this is a valid argument if the resort in question remains open accepting guests....even if all other facilities are closed and/or they're required to self-quarantine;
2. you could argue the contract itself technically only requires you deliver a reservation confirmation in the name of a renter of their choosing, which you have done (given the situation, this sort of technical argument might fall on deaf ears to a judge);
3. you could also argue that the contract contemplated the possibility of the Owner not being able to provide the reservation agreed in the contract and explicitly indicates the only remedy is for the owner to provide a "suitable alternative"....and you could further argue that "Acts of God" are explicitly excluded as requiring any remedy.

For frustration of purpose

1. the only purpose of the contract is to provide VacationCandy with a reservation confirmation in the name of a renter of their choosing, so again, so long as the resort remains open and accepting guests, I think this is a weak argument. It's slightly better than impossibility/impracticability in that VC could argue the true purpose of the contract is to provide them a reservation that is actually rentable...but that isn't actually outlined in the contract;
2. even if this is a valid defense (either because the resort closes or the court agrees the current restrictions in place/situation constitutes frustration of purpose), VC is under an obligation to take steps to mitigate the damage from the frustration of purpose and make every effort to support/resume/conclude performance. Given the contract explicitly contemplates alternative arrangements to satisfy performance, I think they would have to make a good faith effort to work with you to provide an alternative way to conclude the contract. This is where extending the offer to re-schedule is very useful as if VC don't take you up on this or work with you, it's precisely the sort of argument that could make a judge more sympathetic to an Owner.

The above does not constitute legal advice and is just my academic meanderings. If you actually ended up in litigation, you should of course consult an appropriately qualified attorney.