Still within 10 day Cancelling window of Wyndham Discovery membership

[Strawberry70]

HELP PLEASE! some days ago I signed a Wyndham Discovery membership in the state of Florida, but now must rescind the agreement. They charged full amount via a PayPal account, but I do not see it registered on my PayPal account as yet. Per contract signed, says have 10 calendar days to do so, which I'm still within, and would like to cancel via certified mail and USPS snail mail ASAP.

Question: The Wyndham agreement final signature page (which includes cancellation terms) states "Section 721.10 Florida Statutes (cancellation) will apply to the purchase and you will not be entitled to a cancellation refund of the short-term product." 1) How can they deny refund when the statute states otherwise (see below found online?
2) If not entitled to a refund, does that mean I'll be on the hook to pay per the agreement even if I cancel/rescind?? Obviously, no one wants to pay and receive nothing. Perhaps the bold statement above (which I bolded for emphasis) is not legally binding,and just a scare tactic?

721.10 online and it says the following:
"... the developer shall refund to the purchaser the total amount of all payments made by the purchaser under the contract, reduced by the proportion of any contract benefits the purchaser has actually received under the contract prior to the effective date of the cancellation, as required by s. 721.06. Such refund shall be made within 20 days of demand therefor by the purchaser or within 5 days after receipt of funds from the purchaser’s cleared check, whichever is later."

Many thanks for any insight offered. Due to unforeseen work circumstances, I cannot honor the original agreement offered by Wyndam at this time.

 

[DeniseM]

I don't know if a Discovery Pkg. is the same as actually buying a timeshare in the eyes of the law. But you certainly have nothing to lose by rescinding. I would also dispute it with PayPal.

 

[puppymommo]

I don't believe you can rescind a Discovery package because it is not an actual timeshare ownership. Sorry.

 

[tschwa2]

Go ahead and rescind. Not all Discovery or try type programs have a rescission period but as far as I know Wyndham has allowed it. It sounds like one statute might allow them not to but if there are more than one that covers the product they will go with the one that gives the purchaser the greater protection.
If you have used any benefits from the package already they can charge you full retail for those if you cancel.

 

[djohn75087]

My first Wyndham purchase was a Discovery package and I was able to rescind after finding one dollar timeshares on Ebay. So, unless things have changed you should be good. By the way I learned about rescinding from a vacation counselor on the phone. Thanks you Wyndham!

 

[ecwinch]

I fell into that rabbit hole when a similar question came up a few months back in another thread. As I read the FL statute there is no recession rights on Discovery under the law. But based on first hand reports in that other thread, it appears Wyndham has been allowing recession on Discovery. I suspect that is a training and paperwork issue, that it is easier to eat the recessions that occur.

So like Denise posted ... I would send it in.

 

[drazrak]

HELP PLEASE! some days ago I signed a Wyndham Discovery membership in the state of Florida, but now must rescind the agreement. They charged full amount via a PayPal account, but I do not see it registered on my PayPal account as yet. Per contract signed, says have 10 calendar days to do so, which I'm still within, and would like to cancel via certified mail and USPS snail mail ASAP.

Question: The Wyndham agreement final signature page (which includes cancellation terms) states "Section 721.10 Florida Statutes (cancellation) will apply to the purchase and you will not be entitled to a cancellation refund of the short-term product." 1) How can they deny refund when the statute states otherwise (see below found online?
2) If not entitled to a refund, does that mean I'll be on the hook to pay per the agreement even if I cancel/rescind?? Obviously, no one wants to pay and receive nothing. Perhaps the bold statement above (which I bolded for emphasis) is not legally binding,and just a scare tactic?

721.10 online and it says the following:
"... the developer shall refund to the purchaser the total amount of all payments made by the purchaser under the contract, reduced by the proportion of any contract benefits the purchaser has actually received under the contract prior to the effective date of the cancellation, as required by s. 721.06. Such refund shall be made within 20 days of demand therefor by the purchaser or within 5 days after receipt of funds from the purchaser’s cleared check, whichever is later."

Many thanks for any insight offered. Due to unforeseen work circumstances, I cannot honor the original agreement offered by Wyndam at this time.

I know this was years ago now, but did you get your money back? in similar situation now...