http://www.bbb.org/south-east-florida/business-reviews/timeshare-resale-and-rental-marketing/club-melia-in-miami-fl-90097002/complaints
the content of my complaint:
X
Complaint
during the presentation of the product, we were told that we will get the program that's included in the presentation. the program does not exists.
We were taking a holiday in Paradisso, Punta Cana when we went for a club melia presentation. During the presentation, the sales people explained to us the benefits of being a club melia member. Included in the presentation is a tool on how we can book our stays. They provided us a demo on how it works and they even asked us to try it out. We asked over and over again if the program is part of the package that we will get if we become members and they confirmed that its part of our packet that's included in the usb drive that they will give us. The program is pretty impressive as I can do my own bookings within club melia's set of properties and within their network. This was the selling point on why we joined club melia. I was asked where is our next vacation destination and we told them that it would be Hawaii and New York - they mentioned that they don't have any properties on those locations but we can easily book it using the program. They showed to us how easy it was to book our hotels and it was really easy - we asked if that is how easy it will be for us to book our hotels and they said yes. We asked if we will be using the same program that they are showing us and they said yes. We asked if the program is a desktop program or web based, they confirmed that it's a desktop program and verified that it will be in the usb that they will provide to us.
During the signing of the documents, the QA person explained to us the documents that we are signing. After the signing, she provided the usb drive which she says has all of the things that we need. Again, we asked if the program that was shown to us during the presentation is included and she confirmed.
After going back home from vacation, I checked the USB and there was no program in it. I checked their websites and it does not have any features where I can do my own reservations. I looked for it if I can download the program from their website and it's not there. I verified with ******** support and they told me that I can only do my bookings through the phone. If I want to book any other hotels, I have to do some other steps to proceed with my bookings.
I complained and asked club melia to terminate my contract as this misrepresented what they have shown me during the presentation. I was told that because of the document that I signed in the 'contract of accomodation', any verbal or written agreement made outside of the signed contract is considered as null and void. This is misleading as I was not informed that providing us the program is not part of the product that they are selling - I clearly clarified that during the presentation and the signing. If the intent of having QA in there was to clarify my misinterpretation, then QA confirmed that I did not misinterpret it when they confirmed that the program is included in my packet. There was no indication that the inclusion of the program as part of my packet is a different agreement other than what we are signing.
I was also told that I will be committing piracy by one of the customer support agents if I get a copy of the program since I do not have permission to use it - how can that be if during the sale, they confirmed that I will have a copy of the program. The sales team and QA mislead me to believe that the program is part of the purchase that I made.
during the presentation of the product, we were told that we will get the program that's included in the presentation. the program does not exists.
We were taking a holiday in Paradisso, Punta Cana when we went for a club melia presentation. During the presentation, the sales people explained to us the benefits of being a club melia member. Included in the presentation is a tool on how we can book our stays. They provided us a demo on how it works and they even asked us to try it out. We asked over and over again if the program is part of the package that we will get if we become members and they confirmed that its part of our packet that's included in the usb drive that they will give us. The program is pretty impressive as I can do my own bookings within club melia's set of properties and within their network. This was the selling point on why we joined club melia. I was asked where is our next vacation destination and we told them that it would be Hawaii and New York - they mentioned that they don't have any properties on those locations but we can easily book it using the program. They showed to us how easy it was to book our hotels and it was really easy - we asked if that is how easy it will be for us to book our hotels and they said yes. We asked if we will be using the same program that they are showing us and they said yes. We asked if the program is a desktop program or web based, they confirmed that it's a desktop program and verified that it will be in the usb that they will provide to us.
During the signing of the documents, the QA person explained to us the documents that we are signing. After the signing, she provided the usb drive which she says has all of the things that we need. Again, we asked if the program that was shown to us during the presentation is included and she confirmed.
After going back home from vacation, I checked the USB and there was no program in it. I checked their websites and it does not have any features where I can do my own reservations. I looked for it if I can download the program from their website and it's not there. I verified with ******** support and they told me that I can only do my bookings through the phone. If I want to book any other hotels, I have to do some other steps to proceed with my bookings.
I complained and asked club melia to terminate my contract as this misrepresented what they have shown me during the presentation. I was told that because of the document that I signed in the 'contract of accomodation', any verbal or written agreement made outside of the signed contract is considered as null and void. This is misleading as I was not informed that providing us the program is not part of the product that they are selling - I clearly clarified that during the presentation and the signing. If the intent of having QA in there was to clarify my misinterpretation, then QA confirmed that I did not misinterpret it when they confirmed that the program is included in my packet. There was no indication that the inclusion of the program as part of my packet is a different agreement other than what we are signing.
I was also told that I will be committing piracy by one of the customer support agents if I get a copy of the program since I do not have permission to use it - how can that be if during the sale, they confirmed that I will have a copy of the program. The sales team and QA mislead me to believe that the program is part of the purchase that I made.
Desired Settlement
refund of my downpayment and cancellation of my contract.
refund of my downpayment and cancellation of my contract.
Business Response
the information below was sent to BBB on JAn 23, 2015
First and foremost, Club ***** would like to point out that there has not been any breach of contract. Mr. ******* has not received other product than what his contract stipulates. Mr. ******* bought a biennial membership of 27,000 options, for use in odd years, corresponding to 7 nights in a 1 bedroom suite in Gold season at ********* Palma Real. This membership has 25 years of use in a 50 year period of time. As a Club ***** member, Mr. ******* has the right to use his options for lodging services at the **** Resort Collection and the Urban Hotel Collection. As added benefits to his membership, Mr. ******* can convert the options to ***** Rewards points or deposit them as RCI weeks to book hotels affiliated with these two programs. His membership only covers accommodations.
Per the membership purchase agreement that Mr. ******* signed, any representations not included in the contract are null and void. The program that Mr. ******* refers to is an instrument or tool used by our Sales team during the presentation to show potential members available destinations through the membership and the number of options needed for those destinations. As Mr. ******* has been explained on several occasions and as the Sol ***** Network Exchange Rules document he received upon purchase states, reservations are made through the Club ***** Network. Nowhere in his contract, will Mr. ******* find that reservations are made using a program that was included in the USB drive.
None of the services included in Mr. *******''s membership and described in the documents signed have been denied to him. Our representatives have repeatedly explained the use of his membership to Mr. ******* and have reiterated their disposition to help him with his reservations.
Per article 8 of the vacation purchase agreement, members have 5 days from the purchase date to advise Club ***** about their decision to cancel the membership. Once this 5 day period is over, cancellation is not contemplated. Article 13 of this document states that if the member is interested in an early termination of his contract, they can either sell the membership to a third party or transfer it to a family member or friend. Mr. ******* is aware of this information.
Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
My complaint was about how the presenters misrepresented the actual product - it is an advertising issue.
This misrepresentation makes the contract null and void.
The contrract does not state anything about the product that I am referring to; we did not in fact signed any documents regarding the content of the usb. The presentors misled us to believe that the program is part of my purchase. They lied to us. They gave us false promises. They told us something during the presentation and they gave us something different.
They keep on mentioning that the program is the actual program that we will have once we make the purchase; they did not correct this during the presentation and during the signing of the contract.
It was because of the program that we decided to purchase their product. Even without the product, I would be satisfied if I can do my own bookings.
I am currently receiving emails from Club ***** stating that I can do my own bookings on their website. Up until now, they are still lying.
It is unfortunate that we fell into their lies.
Final Business Response
First and foremost, Club ***** has not sent any emails to Mr. ******* about being able to make online bookings. If Mr. ******* is receiving notifications about online bookings, they must be from ***** Rewards. This program does allow online bookings through their website www.*****.com .
As all the documents signed and disclosed during the purchase state, Mr. ******* bought a biennial membership of 27,000 options to be used for lodging services. So far all reservations within Club ***** are done through the Club ***** Network. However, aiming at giving our members more autonomy when making reservations, Club ***** is currently designing an online reservations system on www.*********.com . This way, in the near future our members will be able to make their own bookings.
Club ***** is in full disposition to assist Mr. ******* with his bookings in the meantime.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
i uploaded two screenshots to blog spot and can be viewed using the url below:
http://clubmeliafalsemarketing.blogspot.com/
the clubmelia_email screenshot was the email that i received to remind me of my past due payment.
it also includes an invite to go to the website (myclubmelia.com) where i will be able to pay online and book online as well.
it was sent on January 20, 2015.
The second screenshot is what I see when I go to log in to myclubmelia.com. there is no option to do online booking.
this is false marketing.
this should be investigated by BBB.
this was the feature (booking by ourselves) that they sold us on when we purchased the product.
this is unfair trading.
the information below was sent to BBB on JAn 23, 2015
First and foremost, Club ***** would like to point out that there has not been any breach of contract. Mr. ******* has not received other product than what his contract stipulates. Mr. ******* bought a biennial membership of 27,000 options, for use in odd years, corresponding to 7 nights in a 1 bedroom suite in Gold season at ********* Palma Real. This membership has 25 years of use in a 50 year period of time. As a Club ***** member, Mr. ******* has the right to use his options for lodging services at the **** Resort Collection and the Urban Hotel Collection. As added benefits to his membership, Mr. ******* can convert the options to ***** Rewards points or deposit them as RCI weeks to book hotels affiliated with these two programs. His membership only covers accommodations.
Per the membership purchase agreement that Mr. ******* signed, any representations not included in the contract are null and void. The program that Mr. ******* refers to is an instrument or tool used by our Sales team during the presentation to show potential members available destinations through the membership and the number of options needed for those destinations. As Mr. ******* has been explained on several occasions and as the Sol ***** Network Exchange Rules document he received upon purchase states, reservations are made through the Club ***** Network. Nowhere in his contract, will Mr. ******* find that reservations are made using a program that was included in the USB drive.
None of the services included in Mr. *******''s membership and described in the documents signed have been denied to him. Our representatives have repeatedly explained the use of his membership to Mr. ******* and have reiterated their disposition to help him with his reservations.
Per article 8 of the vacation purchase agreement, members have 5 days from the purchase date to advise Club ***** about their decision to cancel the membership. Once this 5 day period is over, cancellation is not contemplated. Article 13 of this document states that if the member is interested in an early termination of his contract, they can either sell the membership to a third party or transfer it to a family member or friend. Mr. ******* is aware of this information.
Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
My complaint was about how the presenters misrepresented the actual product - it is an advertising issue.
This misrepresentation makes the contract null and void.
The contrract does not state anything about the product that I am referring to; we did not in fact signed any documents regarding the content of the usb. The presentors misled us to believe that the program is part of my purchase. They lied to us. They gave us false promises. They told us something during the presentation and they gave us something different.
They keep on mentioning that the program is the actual program that we will have once we make the purchase; they did not correct this during the presentation and during the signing of the contract.
It was because of the program that we decided to purchase their product. Even without the product, I would be satisfied if I can do my own bookings.
I am currently receiving emails from Club ***** stating that I can do my own bookings on their website. Up until now, they are still lying.
It is unfortunate that we fell into their lies.
Final Business Response
First and foremost, Club ***** has not sent any emails to Mr. ******* about being able to make online bookings. If Mr. ******* is receiving notifications about online bookings, they must be from ***** Rewards. This program does allow online bookings through their website www.*****.com .
As all the documents signed and disclosed during the purchase state, Mr. ******* bought a biennial membership of 27,000 options to be used for lodging services. So far all reservations within Club ***** are done through the Club ***** Network. However, aiming at giving our members more autonomy when making reservations, Club ***** is currently designing an online reservations system on www.*********.com . This way, in the near future our members will be able to make their own bookings.
Club ***** is in full disposition to assist Mr. ******* with his bookings in the meantime.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
i uploaded two screenshots to blog spot and can be viewed using the url below:
http://clubmeliafalsemarketing.blogspot.com/
the clubmelia_email screenshot was the email that i received to remind me of my past due payment.
it also includes an invite to go to the website (myclubmelia.com) where i will be able to pay online and book online as well.
it was sent on January 20, 2015.
The second screenshot is what I see when I go to log in to myclubmelia.com. there is no option to do online booking.
this is false marketing.
this should be investigated by BBB.
this was the feature (booking by ourselves) that they sold us on when we purchased the product.
this is unfair trading.
