Contract wording re AI fees and local attorney referral needed

[jerbark]

We purchased our membership in April 2008. We've been through the "timeshare wares" before, so when we purchased at Sandos, we tried to think of absolutely everything that could go wrong and get everything in writing.  Having the AI fees go through the roof in the future was the biggest thing that we could see would be a problem, so we made sure that we got this clarified in our contract. We specifically had them add language to our contract that limits the AI fee to $100, forever. Now that the AI  fees are getting consistently over $100, Sandos is refusing to honor our this part of our contract.  

I know that the wording in our specific contract is different from every other contract, because we had them change the standard words.

We would NEVER  have purchased this membership there wasn't a written agreement to cap the AI fee.  

Obviously, if we thought that Sandos would just not honor this part of the agreement, we would never have signed either...

We spoke with Erick Ferrari when were were at Caracol last year and he agreed that our contract does limit the AI fees to $100, but he also told us with that he could see us having trouble getting Sandos to honor that part of the contract in the future.  Low and behold, it's ERICK that is now refusing to honor our contract.  He says that the wording was intended to give us a "range" of AI fees for the year of purchase, which is completely untrue and not what the contract says.

If any of you purchased contacts back in or around 2008, would you please see what the working on the "New Member Checklist" says re the AI fees and let me know?  Our contract says:

"Member understand that the All Inclusive fee is mandatory per person per day at all Sandos hotels and resorts.  This fee may vary from $50 - $100 US <this is the part that was intended to limit the fees - they range is clearly spelled out and does not indicate it is only for a "period" of time>, except Christmas, New Years, Holy and Easter Week.  In the event of special discounts or promotions, members shall have the right to received the lowest discount rate at the moment of booking".  

It clearly does NOT say that this fee range is limited to the current year, and that's not what we agreed to.

Additionally, we purchased a 2 bedroom unit and were never told that there was a minimum of 4 adults in a 2 bedroom.  This is an addendum that was added to later contracts, but not ours.  Again, we would never have purchased a 2 bedroom unit if there was a minimum, since we frequently travel with 3 adults and purchased the 2 bedroom to have the extra room.

Also, if any of you have used a local attorney for anything "timeshare" related and wouldn't mind giving me a referral, I would greatly appreciate it. 

Thanks!

 

[Robert Park]

We purchased in Dec 2008. The language on our "green sheet" is like yours, except that immediately following "$50 to $100 USD" there is "(rate for 2008 y 2009)."

Did you have that parenthetical note lined out (and initialed) by Sandos at the time you purchased? Or was it not there in the first place?

  --bp

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[Andy Goodman]

Hi

 

We purchased a 1 bed in 2011 and our membership checklist says $50-$100 (authorized rates for 2011) so they obviously realised their mistake and amended it to allow them to increase the rates.  I assume your contract did have the word “forever” inserted because if not I can see them getting out of it as it isn’t clear that they meant in perpetuity from their wording as highlighted.

 

The problem there is no limit to their increase so they could double it and we have no comeback.

 

Andy

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[Allie Farmer]

We have the same contract. I wanted the extra room for us and our teen son... Who wants to share a bedroom w a teenager? Same rate limit on ours too....

--

[Luv2vac]

I didnt ever receive a "New Member Checklist" or green sheet. We only
received the manilla colored multi-page contract.
Interesting.....keep us posted.

On Oct 30, 7:19 pm, jerbark <jerolyndo...@gmail.com> wrote:
> We purchased our membership in April 2008. We've been through the
> "timeshare wares" before, so when we purchased at Sandos, we tried to think
> of absolutely everything that could go wrong and get everything in writing.
>  Having the AI fees go through the roof in the future was the biggest thing
> that we could see would be a problem, so we made sure that we got this
> clarified in our contract. We specifically had them add language to our

> contract that limits the AI fee to $100, *forever*. Now that the AI  fees

> are getting consistently over $100, Sandos is refusing to honor our this
> part of our contract.
>
> I know that the wording in our specific contract is different from every
> other contract, because we had them change the standard words.
>
> We would NEVER  have purchased this membership there wasn't a written
> agreement to cap the AI fee.
>
> Obviously, if we thought that Sandos would just not honor this part of the
> agreement, we would never have signed either...
>
> We spoke with Erick Ferrari when were were at Caracol last year and he
> agreed that our contract does limit the AI fees to $100, but he also told
> us with that he could see us having trouble getting Sandos to honor that
> part of the contract in the future.  Low and behold, it's ERICK that is now
> refusing to honor our contract.  He says that the wording was intended to
> give us a "range" of AI fees for the year of purchase, which is completely
> untrue and not what the contract says.
>
> If any of you purchased contacts back in or around 2008, would you please
> see what the working on the "New Member Checklist" says re the AI fees and
> let me know?  Our contract says:
>
> "Member understand that the All Inclusive fee is mandatory per person per

> day at all Sandos hotels and resorts.  *This fee may vary from $50 - $100
> US *<this is the part that was intended to limit the fees - they range is

> clearly spelled out and does not indicate it is only for a "period" of
> time>, except Christmas, New Years, Holy and Easter Week.  In the event of
> special discounts or promotions, members shall have the right to received
> the lowest discount rate at the moment of booking".
>
> It clearly does NOT say that this fee range is limited to the current year,
> and that's not what we agreed to.
>
> Additionally, we purchased a 2 bedroom unit and were never told that there
> was a minimum of 4 adults in a 2 bedroom.  This is an addendum that was

> added to *later* contracts, but not ours.  Again, we would never have

[SHARON HAMMOND]

I cannot see any company capping a rate for 25 years??

----- Original Message -----
From: "Allie Farmer" <allie...@gmail.com>
To: re-con...@googlegroups.com
Sent: Wednesday, October 31, 2012 6:34:02 AM
Subject: Re: [RE-Connection] Contract wording re AI fees and local attorney referral needed



We have the same contract. I wanted the extra room for us and our teen son... Who wants to share a bedroom w a teenager? Same rate limit on ours too....
On Oct 30, 2012 7:19 PM, "jerbark" < jeroly...@gmail.com > wrote:

We purchased our membership in April 2008. We've been through the "timeshare wares" before, so when we purchased at Sandos, we tried to think of absolutely everything that could go wrong and get everything in writing.  Having the AI fees go through the roof in the future was the biggest thing that we could see would be a problem, so we made sure that we got this clarified in our contract. We specifically had them add language to our contract that limits the AI fee to $100, forever . Now that the AI  fees are getting consistently over $100, Sandos is refusing to honor our this part of our contract.  

[Maria & Rob Federle]

Exactly. Seriously, what about the way that gasoline prices have increased in the last ten years? Would you expect any resort to just eat that rise in cost for everything they provide?

 

Rob

From: SHARON HAMMOND <darwin....@shaw.ca>
To: re-con...@googlegroups.com
Sent: Wednesday, October 31, 2012 7:43 AM

Subject: Re: [RE-Connection] Contract wording re AI fees and local attorney referral needed

I cannot see any company capping a rate for 25 years??


----- Original Message -----
From: "Allie Farmer" <allie...@gmail.com>
To: re-con...@googlegroups.com
Sent: Wednesday, October 31, 2012 6:34:02 AM
Subject: Re: [RE-Connection] Contract wording re AI fees and local attorney referral needed



We have the same contract. I wanted the extra room for us and our teen son... Who wants to share a bedroom w a teenager? Same rate limit on ours too....
On Oct 30, 2012 7:19 PM, "jerbark" < jeroly...@gmail.com > wrote:




We purchased our membership in April 2008. We've been through the "timeshare wares" before, so when we purchased at Sandos, we tried to think of absolutely everything that could go wrong and get everything in writing.  Having the AI fees go through the roof in the future was the biggest thing that we could see would be a problem, so we made sure that we got this clarified in our contract. We specifically had them add language to our contract that limits the AI fee to $100, forever . Now that the AI  fees are getting consistently over $100, Sandos is refusing to honor our this part of our contract.  

I know that the wording in our specific contract is different from every other contract, because we had them change the standard words.




We would NEVER  have purchased this membership there wasn't a written agreement to cap the AI fee.  

Obviously, if we thought that Sandos would just not honor this part of the agreement, we would never have signed either...


We spoke with Erick Ferrari when were were at Caracol last year and he agreed that our contract does limit the AI fees to $100, but he also told us with that he could see us having trouble getting Sandos to honor that part of the contract in the future.  Low and behold, it's ERICK that is now refusing to honor our contract.  He says that the wording was intended to give us a "range" of AI fees for the year of purchase, which is completely untrue and not what the contract says.

If any of you purchased contacts back in or around 2008, would you please see what the working on the "New Member Checklist" says re the AI fees and let me know?  Our contract says:

"Member understand that the All Inclusive fee is mandatory per person per day at all Sandos hotels and resorts.   This fee may vary from $50 - $100 US <this is the part that was intended to limit the fees - they range is clearly spelled out and does not indicate it is only for a "period" of time>, except Christmas, New Years, Holy and Easter Week.  In the event of special discounts or promotions, members shall have the right to received the lowest discount rate at the moment of booking".  

It clearly does NOT say that this fee range is limited to the current year, and that's not what we agreed to.

Additionally, we purchased a 2 bedroom unit and were never told that there was a minimum of 4 adults in a 2 bedroom.  This is an addendum that was added to later contracts, but not ours.  Again, we would never have purchased a 2 bedroom unit if there was a minimum, since we frequently travel with 3 adults and purchased the 2 bedroom to have the extra room.

Also, if any of you have used a local attorney for anything "timeshare" related and wouldn't mind giving me a referral, I would greatly appreciate it. 

Thanks!




 

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[jerbark]

Our contract ORIGINALLY had the time frame in it as well - that's what we had deleted.  Without a specific timeframe, we were ASSURED that it meant "forever", because the standard wording was to include a range and a time frame.  

Based on the responses so far, I think it's clear that our contract is different (because we had the time frame deleted) and it does in fact mean forever, which is what we were told.  

I would sincerely like to hear from anyone else who has this clause in their contract.  The more people that I can confirm who had a date range, when we did not, just goes to prove my point.  I'm trying to find a local attorney who can handle this case for us.  This is just more slimey Sandos BS...and stupid me, i thought they would honor the contract, if it was in WRITING!  

Doing any type of business with this company is just painful, from making reservations (Will you honor the 1st child free per OUR contract, not the 2nd?  Will you honor the no minimum number of guests in a 2 bedroom, per our contract (we still haven't gotten this confirmed)?  Will you honor the $100 max on AI fees  per OUR contract? (obviously not!). I've discovered that we can only ask ONE question on each email, or the rest of the questions go unanswered...then when we do ask, we always get a "non-response" or the standard response first, so we ask them AGAIN to please review OUR contract...Seriously, it's maddening and it goes on and on when you're actually at the resort when we have to ask over and over for liquor in the room, we have to hassle to get our maint. fee refunded against our AI fees per OUR contract (this always takes an extra hour at registration, even though we've confirmed it in advance of our arrival), to getting your phone fixed when you're there, etc, etc,.  It's such a lovely resort, but the management just sucks!

[RobertJ]

I agree, in that it wouldn't be reasonable for AI rates to never rise.  However, I was always unhappy that I hadn't found a way to get wording related to a percentage of their standard rates, or something like that.  Too late now of course,  but does anyone know what other timeshare organizations do when AI rates are involved?  They obviously can't hold them at specific amounts for years, and certainly not for the life of a contract ... but there may be other ways to insure that there is some sort of control over the rates.

[Luv2vac]

I completely understand your frustration; however, I'm afraid that
since the word "forever" was not written into the language of the
contract, you may not have a legal argument. Granted you had the
original time frame verbiage deleted but it seems its not very clear .
The issue instead might be for management at Sandos to hold your
salesperson (who is likely no longer there) accountable for assuring
you they would never go above $100. Good luck with that!

As for the addendum refunding your maint fees towards your AI fee, we
have that same addendum and honestly since 2008 we have only had one
problem upon checking in. During that visit, we asked them politely
to look into the situation and get back to us. Ultimately we ended up
paying our AI fees upon checking out so we didnt waste any time while
on vacation waiting on them to fix the problem.

> > *From:* re-con...@googlegroups.com <javascript:> [mailto:
> > re-con...@googlegroups.com <javascript:>] *On Behalf Of *jerbark
> > *Sent:* 30 October 2012 23:19
> > *To:* re-con...@googlegroups.com <javascript:>
> > *Subject:* [RE-Connection] Contract wording re AI fees and local attorney

> > referral needed
>
> > We purchased our membership in April 2008. We've been through the
> > "timeshare wares" before, so when we purchased at Sandos, we tried to think
> > of absolutely everything that could go wrong and get everything in writing.
> >  Having the AI fees go through the roof in the future was the biggest thing
> > that we could see would be a problem, so we made sure that we got this
> > clarified in our contract. We specifically had them add language to our

> > contract that limits the AI fee to $100, *forever*. Now that the AI  fees

> > are getting consistently over $100, Sandos is refusing to honor our this
> > part of our contract.
>
> > I know that the wording in our specific contract is different from every
> > other contract, because we had them change the standard words.
>
> > We would NEVER  have purchased this membership there wasn't a written
> > agreement to cap the AI fee.
>
> > Obviously, if we thought that Sandos would just not honor this part of the
> > agreement, we would never have signed either...
>
> > We spoke with Erick Ferrari when were were at Caracol last year and he
> > agreed that our contract does limit the AI fees to $100, but he also told
> > us with that he could see us having trouble getting Sandos to honor that
> > part of the contract in the future.  Low and behold, it's ERICK that is now
> > refusing to honor our contract.  He says that the wording was intended to
> > give us a "range" of AI fees for the year of purchase, which is completely
> > untrue and not what the contract says.
>
> > If any of you purchased contacts back in or around 2008, would you please
> > see what the working on the "New Member Checklist" says re the AI fees and
> > let me know?  Our contract says:
>
> > "Member understand that the All Inclusive fee is mandatory per person per

> > day at all Sandos hotels and resorts.  *This fee may vary from $50 - $100
> > US *<this is the part that was intended to limit the fees - they range is

> > clearly spelled out and does not indicate it is only for a "period" of
> > time>, except Christmas, New Years, Holy and Easter Week.  In the event of
> > special discounts or promotions, members shall have the right to received
> > the lowest discount rate at the moment of booking".
>
> > It clearly does NOT say that this fee range is limited to the current
> > year, and that's not what we agreed to.
>
> > Additionally, we purchased a 2 bedroom unit and were never told that there
> > was a minimum of 4 adults in a 2 bedroom.  This is an addendum that was

> > added to *later* contracts, but not ours.  Again, we would never have

> > purchased a 2 bedroom unit if there was a minimum, since we frequently
> > travel with 3 adults and purchased the 2 bedroom to have the extra room.
>
> > Also, if any of you have used a local attorney for anything "timeshare"
> > related and wouldn't mind giving me a referral, I would greatly appreciate
> > it.
>
> > Thanks!
>
> > --
> > You received this message because you are subscribed to the Google Groups
> > "RE-Connection" group.
> > To view this discussion on the web visit
> >https://groups.google.com/d/msg/re-connection/-/tVwUem5x6EoJ.

> > To post to this group, send email to re-con...@googlegroups.com<javascript:>
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>
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> > Checked by AVG -www.avg.com

> > Version: 2013.0.2742 / Virus Database: 2617/5864 - Release Date: 10/30/12- Hide quoted text -
>
> - Show quoted text -

[SHARON HAMMOND]

Count me out..I am not interested in any of this.. Happy as a RE member. If i do not wan tto pay th ehigher AI fees, I go during low season.

----- Original Message -----
From: "jerbark" <jeroly...@gmail.com>
To: re-con...@googlegroups.com

Sent: Wednesday, October 31, 2012 9:16:30 AM
Subject: Re: [RE-Connection] Contract wording re AI fees and local attorney referral needed

Our contract ORIGINALLY had the time frame in it as well - that's what we had deleted.  Without a specific timeframe, we were ASSURED that it meant "forever", because the standard wording was to include a range and a time frame.  


Based on the responses so far, I think it's clear that our contract is different (because we had the time frame deleted) and it does in fact mean forever, which is what we were told.  


I would sincerely like to hear from anyone else who has this clause in their contract.  The more people that I can confirm who had a date range, when we did not, just goes to prove my point.  I'm trying to find a local attorney who can handle this case for us.  This is just more slimey Sandos BS...and stupid me, i thought they would honor the contract, if it was in WRITING!  


Doing any type of business with this company is just painful, from making reservations (Will you honor the 1st child free per OUR contract, not the 2nd?  Will you honor the no minimum number of guests in a 2 bedroom, per our contract (we still haven't gotten this confirmed)?  Will you honor the $100 max on AI fees  per OUR contract? (obviously not!). I've discovered that we can only ask ONE question on each email, or the rest of the questions go unanswered...then when we do ask, we always get a "non-response" or the standard response first, so we ask them AGAIN to please review OUR contract...Seriously, it's maddening and it goes on and on when you're actually at the resort when we have to ask over and over for liquor in the room, we have to hassle to get our maint. fee refunded against our AI fees per OUR contract (this always takes an extra hour at registration, even though we've confirmed it in advance of our arrival), to getting your phone fixed when you're there, etc, etc,.  It's such a lovely resort, but the management just sucks!

On Wednesday, October 31, 2012 2:10:33 AM UTC-7, hhbs wrote:





Hi

 

We purchased a 1 bed in 2011 and our membership checklist says $50-$100 (authorized rates for 2011) so they obviously realised their mistake and amended it to allow them to increase the rates.  I assume your contract did have the word “forever” inserted because if not I can see them getting out of it as it isn’t clear that they meant in perpetuity from their wording as highlighted.

 

The problem there is no limit to their increase so they could double it and we have no comeback.

 

Andy

 

 

From: re-con...@googlegroups.com [mailto: re-con...@googlegroups.com ] On Behalf Of jerbark
Sent: 30 October 2012 23:19
To: re-con...@googlegroups.com
Subject: [RE-Connection] Contract wording re AI fees and local attorney referral needed

 

We purchased our membership in April 2008. We've been through the "timeshare wares" before, so when we purchased at Sandos, we tried to think of absolutely everything that could go wrong and get everything in writing.  Having the AI fees go through the roof in the future was the biggest thing that we could see would be a problem, so we made sure that we got this clarified in our contract. We specifically had them add language to our contract that limits the AI fee to $100, forever . Now that the AI  fees are getting consistently over $100, Sandos is refusing to honor our this part of our contract.  

I know that the wording in our specific contract is different from every other contract, because we had them change the standard words.

We would NEVER  have purchased this membership there wasn't a written agreement to cap the AI fee.  

Obviously, if we thought that Sandos would just not honor this part of the agreement, we would never have signed either...

We spoke with Erick Ferrari when were were at Caracol last year and he agreed that our contract does limit the AI fees to $100, but he also told us with that he could see us having trouble getting Sandos to honor that part of the contract in the future.  Low and behold, it's ERICK that is now refusing to honor our contract.  He says that the wording was intended to give us a "range" of AI fees for the year of purchase, which is completely untrue and not what the contract says.

If any of you purchased contacts back in or around 2008, would you please see what the working on the "New Member Checklist" says re the AI fees and let me know?  Our contract says:

"Member understand that the All Inclusive fee is mandatory per person per day at all Sandos hotels and resorts.   This fee may vary from $50 - $100 US <this is the part that was intended to limit the fees - they range is clearly spelled out and does not indicate it is only for a "period" of time>, except Christmas, New Years, Holy and Easter Week.  In the event of special discounts or promotions, members shall have the right to received the lowest discount rate at the moment of booking".  

It clearly does NOT say that this fee range is limited to the current year, and that's not what we agreed to.

Additionally, we purchased a 2 bedroom unit and were never told that there was a minimum of 4 adults in a 2 bedroom.  This is an addendum that was added to later contracts, but not ours.  Again, we would never have purchased a 2 bedroom unit if there was a minimum, since we frequently travel with 3 adults and purchased the 2 bedroom to have the extra room.

Also, if any of you have used a local attorney for anything "timeshare" related and wouldn't mind giving me a referral, I would greatly appreciate it. 

Thanks!

 

 

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[jerbark]

The time frame was on the original contract.  We told them that we wouldn't sign unless there was a lifetime cap on the AI fees, so they removed the time frame language and ASSURED us that this now meant "forever", since there was no longer a time frame...obviously we should have gotten the "forever" language in, but since there is no time frame, then there is no time frame i.e. the range should just apply - forever (especially since OUR contract is probably the ONLY contract with the time frame removed, which was done for a reason!)

[jerbark]

There was no "mistake".  Our original document had a time frame in it.  They agreed to remove that part of the language so that there would be a cap on the fees, which is what we agreed to...

On Wednesday, October 31, 2012 2:10:33 AM UTC-7, hhbs wrote:

[jerbark]

Until the fees are $200 per person, per day, even in the low season...which WILL eventually happen...

[Maria & Rob Federle]

How different is that from gas going from $1.40 gal. to $4.35 gal.  Everything goes up. Be glad where you can halt it temporarily, but don't sweat what you can't control.

 

Rob & Maria

From: jerbark <jeroly...@gmail.com>
To: re-con...@googlegroups.com

Sent: Wednesday, October 31, 2012 2:20 PM

To unsubscribe from this group, send email to re-connectio...@googlegroups. com .

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[Maria & Rob Federle]

So how much good did it do you?

 

Rob

From: jerbark <jeroly...@gmail.com>
To: re-con...@googlegroups.com

Sent: Wednesday, October 31, 2012 2:19 PM
Subject: Re: [RE-Connection] Contract wording re AI fees and local attorney referral needed

Checked by AVG - http://www.avg.com/

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[Allie Farmer]

.... I don't write a contract with gas stations. I expect to pay market rates.

[darwin]

Sorry disagree wih that..

To view this discussion on the web visit https://groups.google.com/d/msg/re-connection/-/10EaEBl385oJ.

[darwin]

The way  I see it is you need to deal directly with Sandos.. Appears you are flogging a dead horse here..

[Driftwood]

We bought in early 2008, and did not receive a green sheet either. In the annex A it states that we would be given preferential rates. 

Which to me would be great if they honored even that.

From what I can see you tried to cover your bases, but obviously forgot to dot an I, or cross a T

Good Luck. 

[ti]

Guys, there are tens of different contracts out there. They have no idea how different they are because they are all new, nobody is there since 2007 when they started. We can always go for a class action suit with a good Mexican lawyer and with the support from Profeco (I can take care of both). Sandos will loose their shirt.

[darwin]

Not interested..thanks.

----- Original Message -----

From: ti

To: re-con...@googlegroups.com

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[Rob Federle]

Some of us (probably the vast majority) love Sandos and are sick and tired of the whining. Why don't you start your own whiner's list-serve?

Sent from my iPhone

[SHARON HAMMOND]

Bravo ..very well said !!!

[Sandi Finley]

Hi
We also bought in 08, and we bought a 2bdrm unit to have extra room. There is also nothing in our contract about having to have 4 people to be able to to use the 2 bdrms. But we have been recently told that also. I have argued the point with them.
It seems to me that out contract also says the same about the AL fees, but I don't have it in front of me, but I will dig it out and read it.
I have had to argue more than once with them over contract issues. I think there were so many different ones written, they don't know which ones to stick to.

 

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[jerbark]

I agree it doesn't make sense, but if that's what we asked for, and if that's what they agreed to and that's what they put into our contract in WRITING, then I don't see how they can just decided not to honor this...

[jerbark]

Allie,

Does your contract give a minimum # of adults for a 2 bedroom unit?  Have you been able to use a 2 bedroom unit for yourself, your husband and teenager without having to pay a surcharge in the AI fee?

Does the AI rate limit in your contract indicate a range of dates?

Thanks, Jerolyn

[Maria & Rob Federle]

Seriously, J, how much luck to you seem to be having with the issue? Banging your frekin head against the wall hasn't worked yet, has it?

 

Rob

---

From: jerbark <jeroly...@gmail.com>
To: re-con...@googlegroups.com

Sent: Thursday, November 1, 2012 10:59 AM

Subject: Re: [RE-Connection] Contract wording re AI fees and local attorney referral needed

I agree it doesn't make sense, but if that's what we asked for, and if that's what they agreed to and that's what they put into our contract in WRITING, then I don't see how they can just decided not to honor this...

On Wednesday, October 31, 2012 7:43:02 AM UTC-7, Luvplaya9 wrote:

I cannot see any company capping a rate for 25 years??


----- Original Message -----
From: "Allie Farmer" <allie...@gmail.com>
To: re-con...@googlegroups.com
Sent: Wednesday, October 31, 2012 6:34:02 AM
Subject: Re: [RE-Connection] Contract wording re AI fees and local attorney referral needed



We have the same contract. I wanted the extra room for us and our teen son... Who wants to share a bedroom w a teenager? Same rate limit on ours too....
On Oct 30, 2012 7:19 PM, "jerbark" < jeroly...@gmail.com > wrote:




We purchased our membership in April 2008. We've been through the "timeshare wares" before, so when we purchased at Sandos, we tried to think of absolutely everything that could go wrong and get everything in writing.  Having the AI fees go through the roof in the future was the biggest thing that we could see would be a problem, so we made sure that we got this clarified in our contract. We specifically had them add language to our contract that limits the AI fee to $100, forever . Now that the AI  fees are getting consistently over $100, Sandos is refusing to honor our this part of our contract.  

I know that the wording in our specific contract is different from every other contract, because we had them change the standard words.




We would NEVER  have purchased this membership there wasn't a written agreement to cap the AI fee.  

Obviously, if we thought that Sandos would just not honor this part of the agreement, we would never have signed either...


We spoke with Erick Ferrari when were were at Caracol last year and he agreed that our contract does limit the AI fees to $100, but he also told us with that he could see us having trouble getting Sandos to honor that part of the contract in the future.  Low and behold, it's ERICK that is now refusing to honor our contract.  He says that the wording was intended to give us a "range" of AI fees for the year of purchase, which is completely untrue and not what the contract says.

If any of you purchased contacts back in or around 2008, would you please see what the working on the "New Member Checklist" says re the AI fees and let me know?  Our contract says:

"Member understand that the All Inclusive fee is mandatory per person per day at all Sandos hotels and resorts.   This fee may vary from $50 - $100 US <this is the part that was intended to limit the fees - they range is clearly spelled out and does not indicate it is only for a "period" of time>, except Christmas, New Years, Holy and Easter Week.  In the event of special discounts or promotions, members shall have the right to received the lowest discount rate at the moment of booking".  

It clearly does NOT say that this fee range is limited to the current year, and that's not what we agreed to.

Additionally, we purchased a 2 bedroom unit and were never told that there was a minimum of 4 adults in a 2 bedroom.  This is an addendum that was added to later contracts, but not ours.  Again, we would never have purchased a 2 bedroom unit if there was a minimum, since we frequently travel with 3 adults and purchased the 2 bedroom to have the extra room.

Also, if any of you have used a local attorney for anything "timeshare" related and wouldn't mind giving me a referral, I would greatly appreciate it. 

Thanks!




 

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[jerbark]

Rob, 

No I wouldn't expect a company to agree to this, but this is what they did and we wouldn't have signed the contract if they weren't willing to agree to it - it never hurts to ASK for what you want.  I'm surprised that you're questioning something that WAS agreed to by Sandos and WAS put in writing, in the contract.  It really doesn't matter how "ridiculous" you think it is, if it's agreed to and in writing, then why are you OK with the company now deciding not to honor their written agreement?

[jerbark]

What?  What does this have to do with anything?  When you write a contact, you expect it to be honored....I'm not asking for anything more.

[SHARON HAMMOND]

Rob, Maybe time to start a new site for happy RE members
I am sick of people whining on here, and am not going to be a part of this any longer..
Signed
HAPPY TO BE A RE MEMBER.

----- Original Message -----
From: "Maria & Rob Federle" <the...@pacbell.net>
To: re-con...@googlegroups.com
Sent: Thursday, November 1, 2012 12:04:12 PM
Subject: Re: [RE-Connection] Contract wording re AI fees and local attorney referral needed

Seriously, J, how much luck to you seem to be having with the issue? Banging your frekin head against the wall hasn't worked yet, has it?




 
Rob

From: jerbark <jeroly...@gmail.com>
To: re-con...@googlegroups.com
Sent: Thursday, November 1, 2012 10:59 AM
Subject: Re: [RE-Connection] Contract wording re AI fees and local attorney referral needed

I agree it doesn't make sense, but if that's what we asked for, and if that's what they agreed to and that's what they put into our contract in WRITING , then I don't see how they can just decided not to honor this...

For more options, visit this group at http://groups.google.com/ group/re-connection?hl=en .

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[Allie Farmer]

..... Btw the rate cap was "sold" to me as a key reason to buy the timeshare...

To view this discussion on the web visit https://groups.google.com/d/msg/re-connection/-/RfAFjwM1ZJsJ.

[Rob Federle]

Big deal.  In the end, all you accomplish is looking silly for blaming someone else for what, by your own admission, is a bad decision! Time to own up you your own mistakes!

Sent from my iPhone

[Allie Farmer]

What? Omg

[Maria & Rob Federle]

OMG? Get over yourself and get over it... A whole lot of people are really tired of hearing about it. Time to learn another tune!

Rob

From: Allie Farmer <allie...@gmail.com>
To: re-con...@googlegroups.com

Sent: Thursday, November 1, 2012 12:15 PM

What? Omg

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[Carrie]

It seems strange how mean some of the replies have been. Everyone has different experiences and this all started with someone just asking for advice.  Doesn't seem like the energy being used to reply rude is a good use of energy. 

Carrie Hegdahl

The information in this electronic mail message is the sender's confidential business and may be legally privileged. It is intended solely for the addressee(s). Access to this internet electronic mail message by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful.

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[Allie Farmer]

Then unsubscribe. Insulting people is not necessary. If you don't want to participate then don't. If you don't like the messages you see, then unsubscribe. Simple!

[SHARON HAMMOND]

Except Carrie, it is alays the same people complaining about the same thing!

----- Original Message -----
From: "Carrie" <cheg...@cbgundaker.com>
To: re-con...@googlegroups.com

Sent: Thursday, November 1, 2012 1:31:07 PM
Subject: Re: [RE-Connection] Contract wording re AI fees and local attorney referral needed

It seems strange how mean some of the replies have been. Everyone has different experiences and this all started with someone just asking for advice.  Doesn't seem like the energy being used to reply rude is a good use of energy. 


Carrie Hegdahl

On Nov 1, 2012, at 2:15 PM, Allie Farmer < allie...@gmail.com > wrote:






What? Omg
On Nov 1, 2012 3:11 PM, "Rob Federle" < the...@pacbell.net > wrote:




Big deal.  In the end, all you accomplish is looking silly for blaming someone else for what, by your own admission, is a bad decision! Time to own up you your own mistakes!

Sent from my iPhone

On Nov 1, 2012, at 11:37 AM, Allie Farmer < allie...@gmail.com > wrote:






..... Btw the rate cap was "sold" to me as a key reason to buy the timeshare...
On Nov 1, 2012 1:59 PM, "jerbark" < jeroly...@gmail.com > wrote:

I agree it doesn't make sense, but if that's what we asked for, and if that's what they agreed to and that's what they put into our contract in WRITING , then I don't see how they can just decided not to honor this...

On Wednesday, October 31, 2012 7:43:02 AM UTC-7, Luvplaya9 wrote:

I cannot see any company capping a rate for 25 years??


----- Original Message -----
From: "Allie Farmer" < allie...@gmail.com >
To: re-con...@googlegroups.com
Sent: Wednesday, October 31, 2012 6:34:02 AM
Subject: Re: [RE-Connection] Contract wording re AI fees and local attorney referral needed



We have the same contract. I wanted the extra room for us and our teen son... Who wants to share a bedroom w a teenager? Same rate limit on ours too....
On Oct 30, 2012 7:19 PM, "jerbark" < jeroly...@gmail.com > wrote:




We purchased our membership in April 2008. We've been through the "timeshare wares" before, so when we purchased at Sandos, we tried to think of absolutely everything that could go wrong and get everything in writing.  Having the AI fees go through the roof in the future was the biggest thing that we could see would be a problem, so we made sure that we got this clarified in our contract. We specifically had them add language to our contract that limits the AI fee to $100, forever . Now that the AI  fees are getting consistently over $100, Sandos is refusing to honor our this part of our contract.  

I know that the wording in our specific contract is different from every other contract, because we had them change the standard words.




We would NEVER  have purchased this membership there wasn't a written agreement to cap the AI fee.  

Obviously, if we thought that Sandos would just not honor this part of the agreement, we would never have signed either...


We spoke with Erick Ferrari when were were at Caracol last year and he agreed that our contract does limit the AI fees to $100, but he also told us with that he could see us having trouble getting Sandos to honor that part of the contract in the future.  Low and behold, it's ERICK that is now refusing to honor our contract.  He says that the wording was intended to give us a "range" of AI fees for the year of purchase, which is completely untrue and not what the contract says.

If any of you purchased contacts back in or around 2008, would you please see what the working on the "New Member Checklist" says re the AI fees and let me know?  Our contract says:

"Member understand that the All Inclusive fee is mandatory per person per day at all Sandos hotels and resorts.   This fee may vary from $50 - $100 US <this is the part that was intended to limit the fees - they range is clearly spelled out and does not indicate it is only for a "period" of time>, except Christmas, New Years, Holy and Easter Week.  In the event of special discounts or promotions, members shall have the right to received the lowest discount rate at the moment of booking".  

It clearly does NOT say that this fee range is limited to the current year, and that's not what we agreed to.

Additionally, we purchased a 2 bedroom unit and were never told that there was a minimum of 4 adults in a 2 bedroom.  This is an addendum that was added to later contracts, but not ours.  Again, we would never have purchased a 2 bedroom unit if there was a minimum, since we frequently travel with 3 adults and purchased the 2 bedroom to have the extra room.

Also, if any of you have used a local attorney for anything "timeshare" related and wouldn't mind giving me a referral, I would greatly appreciate it. 

Thanks!




 

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[jerbark]

Bob,

I just got an email from Erick Ferrari.  He "seems" to be saying that if I can tell him what contracts to look at that have the date range vs mine, which does not, that he will ask his "contract" department to review things. He also said that he can't give out contract numbers because that's "confidential", which is "Erick speak" for:  "even though I know the contracts are sequentially numbered and it would be very easy for me to review the other contracts purchased around the date yours was purchased, I'm unwilling to do that unless you can prove to me FIRST that that the other contracts are different...".  Anyhow, would you be willing to privately email me a copy of your New Member Checklist and your contract number?  Thanks in advance for your help!  Jerolyn:   jer...@dolanweb.com

On Tuesday, October 30, 2012 5:10:38 PM UTC-7, BobPark wrote:

We purchased in Dec 2008. The language on our "green sheet" is like yours, except that immediately following "$50 to $100 USD" there is "(rate for 2008 y 2009)."

Did you have that parenthetical note lined out (and initialed) by Sandos at the time you purchased? Or was it not there in the first place?

  --bp


On 10/30/12 7:19 PM, jerbark wrote:

We purchased our membership in April 2008. We've been through the "timeshare wares" before, so when we purchased at Sandos, we tried to think of absolutely everything that could go wrong and get everything in writing.  Having the AI fees go through the roof in the future was the biggest thing that we could see would be a problem, so we made sure that we got this clarified in our contract. We specifically had them add language to our contract that limits the AI fee to $100, forever. Now that the AI  fees are getting consistently over $100, Sandos is refusing to honor our this part of our contract.  

I know that the wording in our specific contract is different from every other contract, because we had them change the standard words.

We would NEVER  have purchased this membership there wasn't a written agreement to cap the AI fee.  

Obviously, if we thought that Sandos would just not honor this part of the agreement, we would never have signed either...

We spoke with Erick Ferrari when were were at Caracol last year and he agreed that our contract does limit the AI fees to $100, but he also told us with that he could see us having trouble getting Sandos to honor that part of the contract in the future.  Low and behold, it's ERICK that is now refusing to honor our contract.  He says that the wording was intended to give us a "range" of AI fees for the year of purchase, which is completely untrue and not what the contract says.

If any of you purchased contacts back in or around 2008, would you please see what the working on the "New Member Checklist" says re the AI fees and let me know?  Our contract says:

"Member understand that the All Inclusive fee is mandatory per person per day at all Sandos hotels and resorts.  This fee may vary from $50 - $100 US <this is the part that was intended to limit the fees - they range is clearly spelled out and does not indicate it is only for a "period" of time>, except Christmas, New Years, Holy and Easter Week.  In the event of special discounts or promotions, members shall have the right to received the lowest discount rate at the moment of booking".  

It clearly does NOT say that this fee range is limited to the current year, and that's not what we agreed to.

Additionally, we purchased a 2 bedroom unit and were never told that there was a minimum of 4 adults in a 2 bedroom.  This is an addendum that was added to later contracts, but not ours.  Again, we would never have purchased a 2 bedroom unit if there was a minimum, since we frequently travel with 3 adults and purchased the 2 bedroom to have the extra room.

Also, if any of you have used a local attorney for anything "timeshare" related and wouldn't mind giving me a referral, I would greatly appreciate it. 

Thanks!

 

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[Joe Iapoce]

Yes, Positive energy is a good thing! 

This site is helpful for the most part. We revisited in July, had flight problems
and RE took very good care of us and had a great vacation. Horse Back riding, Catamaran,  Dolphins, and Fishing (the 
boat picked us up right in front of the hotel, hooked a sailfish and barracuda)....

The flip side is obviously the rising AI fees, and the vast difference in contracts. I personally think the exchange
program was over sold and still my main bone of contention , mostly just gave up on it.

If you absolutely love this area and want to vacation here for years to come PLEASE call me 518-859-7193. 
I have 20 years with 4 weeks and never get a chance to use them as I had hoped.  Thanks, Joe

PS $1000.00 finder fee.     

[Luv2vac]

C'mon people, lets all place nice in the sandbox. This sight is meant
for all comments, good or indifferent. There is absolutely no need to
lash out to other members who are frustrated and wondering if anyone
else has similar issues. After all we are adults.

On Oct 31, 11:08 pm, Rob Federle <thef...@pacbell.net> wrote:
> Some of us (probably the vast majority) love Sandos and are sick and tired of the whining. Why don't you start your own whiner's list-serve?
>
> Sent from my iPhone
>

> On Oct 31, 2012, at 8:20 PM, "darwin" <darwin.fisc...@shaw.ca> wrote:
>
>
>
>
>
>
>
> > Not interested..thanks.
> > ----- Original Message -----
> > From: ti
> > To: re-con...@googlegroups.com
> > Sent: Wednesday, October 31, 2012 9:13 PM
> > Subject: [RE-Connection] Re: Contract wording re AI fees and local attorney referral needed
>
> > Guys, there are tens of different contracts out there. They have no idea how different they are because they are all new, nobody is there since 2007 when they started. We can always go for a class action suit with a good Mexican lawyer and with the support from Profeco (I can take care of both). Sandos will loose their shirt.
>
> > On Tuesday, October 30, 2012 7:19:22 PM UTC-4, jerbark wrote:
>
> >> We purchased our membership in April 2008. We've been through the "timeshare wares" before, so when we purchased at Sandos, we tried to think of absolutely everything that could go wrong and get everything in writing.  Having the AI fees go through the roof in the future was the biggest thing that we could see would be a problem, so we made sure that we got this clarified in our contract. We specifically had them add language to our contract that limits the AI fee to $100, forever. Now that the AI  fees are getting consistently over $100, Sandos is refusing to honor our this part of our contract.
>
> >> I know that the wording in our specific contract is different from every other contract, because we had them change the standard words.
>
> >> We would NEVER  have purchased this membership there wasn't a written agreement to cap the AI fee.
>
> >> Obviously, if we thought that Sandos would just not honor this part of the agreement, we would never have signed either...
>
> >> We spoke with Erick Ferrari when were were at Caracol last year and he agreed that our contract does limit the AI fees to $100, but he also told us with that he could see us having trouble getting Sandos to honor that part of the contract in the future.  Low and behold, it's ERICK that is now refusing to honor our contract.  He says that the wording was intended to give us a "range" of AI fees for the year of purchase, which is completely untrue and not what the contract says.
>
> >> If any of you purchased contacts back in or around 2008, would you please see what the working on the "New Member Checklist" says re the AI fees and let me know?  Our contract says:
>
> >> "Member understand that the All Inclusive fee is mandatory per person per day at all Sandos hotels and resorts.  This fee may vary from $50 - $100 US <this is the part that was intended to limit the fees - they range is clearly spelled out and does not indicate it is only for a "period" of time>, except Christmas, New Years, Holy and Easter Week.  In the event of special discounts or promotions, members shall have the right to received the lowest discount rate at the moment of booking".
>
> >> It clearly does NOT say that this fee range is limited to the current year, and that's not what we agreed to.
>
> >> Additionally, we purchased a 2 bedroom unit and were never told that there was a minimum of 4 adults in a 2 bedroom.  This is an addendum that was added to later contracts, but not ours.  Again, we would never have purchased a 2 bedroom unit if there was a minimum, since we frequently travel with 3 adults and purchased the 2 bedroom to have the extra room.
>
> >> Also, if any of you have used a local attorney for anything "timeshare" related and wouldn't mind giving me a referral, I would greatly appreciate it.
>
> >> Thanks!
>
> > --
> > You received this message because you are subscribed to the Google Groups "RE-Connection" group.

> > To view this discussion on the web visithttps://groups.google.com/d/msg/re-connection/-/34786QERfbcJ.

> > To post to this group, send email to re-con...@googlegroups.com.
> > To unsubscribe from this group, send email to re-connectio...@googlegroups.com.

> > For more options, visit this group athttp://groups.google.com/group/re-connection?hl=en.

[jerbark]

Andy,

I'm trying to get my "ducks in a row" before I contact the Profeco's office regarding Sando's not honoring our contract. I don't know how I missed your post, but would you mind faxing me a copy of your "New Member Checklist" (fax 415-897-6609)?  Even though you became a member in 2011, at least you have the clause in the checklist that we had changed!  Getting a copy of your checklist would be so helpful to me in my quest to get Sandos to honor our contract.  Please include your contract number so they can reference it.

Thanks in advance for your help!

Jerolyn

On Wednesday, October 31, 2012 2:10:33 AM UTC-7, hhbs wrote:

Hi

 

We purchased a 1 bed in 2011 and our membership checklist says $50-$100 (authorized rates for 2011) so they obviously realised their mistake and amended it to allow them to increase the rates.  I assume your contract did have the word “forever” inserted because if not I can see them getting out of it as it isn’t clear that they meant in perpetuity from their wording as highlighted.

 

The problem there is no limit to their increase so they could double it and we have no comeback.

 

Andy

 

 

From: re-con...@googlegroups.com [mailto:re-con...@googlegroups.com] On Behalf Of jerbark

Sent: 30 October 2012 23:19
To: re-con...@googlegroups.com

Subject: [RE-Connection] Contract wording re AI fees and local attorney referral needed

 

We purchased our membership in April 2008. We've been through the "timeshare wares" before, so when we purchased at Sandos, we tried to think of absolutely everything that could go wrong and get everything in writing.  Having the AI fees go through the roof in the future was the biggest thing that we could see would be a problem, so we made sure that we got this clarified in our contract. We specifically had them add language to our contract that limits the AI fee to $100, forever. Now that the AI  fees are getting consistently over $100, Sandos is refusing to honor our this part of our contract.  

I know that the wording in our specific contract is different from every other contract, because we had them change the standard words.

We would NEVER  have purchased this membership there wasn't a written agreement to cap the AI fee.  

Obviously, if we thought that Sandos would just not honor this part of the agreement, we would never have signed either...

We spoke with Erick Ferrari when were were at Caracol last year and he agreed that our contract does limit the AI fees to $100, but he also told us with that he could see us having trouble getting Sandos to honor that part of the contract in the future.  Low and behold, it's ERICK that is now refusing to honor our contract.  He says that the wording was intended to give us a "range" of AI fees for the year of purchase, which is completely untrue and not what the contract says.

If any of you purchased contacts back in or around 2008, would you please see what the working on the "New Member Checklist" says re the AI fees and let me know?  Our contract says:

"Member understand that the All Inclusive fee is mandatory per person per day at all Sandos hotels and resorts.  This fee may vary from $50 - $100 US <this is the part that was intended to limit the fees - they range is clearly spelled out and does not indicate it is only for a "period" of time>, except Christmas, New Years, Holy and Easter Week.  In the event of special discounts or promotions, members shall have the right to received the lowest discount rate at the moment of booking".  

It clearly does NOT say that this fee range is limited to the current year, and that's not what we agreed to.

Additionally, we purchased a 2 bedroom unit and were never told that there was a minimum of 4 adults in a 2 bedroom.  This is an addendum that was added to later contracts, but not ours.  Again, we would never have purchased a 2 bedroom unit if there was a minimum, since we frequently travel with 3 adults and purchased the 2 bedroom to have the extra room.

Also, if any of you have used a local attorney for anything "timeshare" related and wouldn't mind giving me a referral, I would greatly appreciate it. 

Thanks!

 

 

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