COVID-19 Related Cancellations

I’m not commencing a law suit against the renter as stated in paragraph 16 I’m starting a lawsuit against redweek themselves for breach of contract to deem my rental uninhabitable in paragraph 10. Which it is not. Moving forward they will have a paragraph underlining a pandemic or global catastrophic portion event. Until then they are in breach of contract. Until there’s a class action suit brought upon redweek for above reasons. Good luck to all, time will tell

For a better understanding of RedWeek's COVID 19 position, please read this statement from our CEO Randy Conrads: RedWeek's CEO COVID 19 Statement

We continue to work on improving our processes in handling this unprecedented situation. One result has been the addition of a link for renters and owners to communicate directly with each other if they are using RedWeek Online Booking. Owners will find this link in My Postings and renters can go to My Trips at the top of any page.

We want to thank you for your patience, feedback and suggestions as we continue to work tirelessly to address the many issues we are facing during this difficult time. Please stay safe!

Redweek, thank you for adding the communication link for renters and owners. Easy communication between the parties will be very helpful to both.

Likely for redweek to step aside and loose responsibility of a legal contract Negligent and irresponsible of them to charge people money then push it in the laps of those who paid for a binding contract Redweek 100% liable !!! No exceptions

ericw441 wrote:

Likely for redweek to step aside and loose responsibility of a legal contract Negligent and irresponsible of them to charge people money then push it in the laps of those who paid for a binding contract Redweek 100% liable !!! No exceptions

Well, I'm satisfied with Redweek and grateful for all they do for a small fee. As an alternative, we can choose to just list our weeks and use our own contract.

I am a Timeshare Owner and Multi-Year RedWeek Member. RedWeek in their April 17, 2020 Newsletter states the recent Covid-19 event "revealed several weaknesses in our structure". One of these was a major problem of RedWeek's communication failure to link Owners and Renters. During what would have been my Renters March 20 - March 27 stay at Marriott Crystal Shores in Marco Island FL , I wrote 4 times to RedWeek my desire and hope for the opportunity to offer the Renter some consideration for their loss. After No Response from RedWeek I directly contacted the Renter to offer the "good will" gesture from Marriott. An Interval International Certificate for travel through 2021. In 1 hour, RedWeek responded to the Renter and me - telling the Renter to Disregard my E Mail offer and the refund cash was theirs.

RedWeek writes in various memos the stress and difficulty caused by Covid-19. No doubt, for all of us. In these difficult times. The connection between the Owner, the Renter and RedWeek is the Rental Agreement, a legal document. In challenging times and possible disagreements between parties is the legal document Rental Agreement. The RedWeek Arbitration Board did not abide by the written document but (in my opinion) took the path that chose Renters as the winner and Owners as the Loser. My Renter cancelled in 2 days or less of Check In. The Marriott policy is clear as to No Refund but still had an offer of "good will" ,refused by RedWeek.

RedWeek stated the Marriott Timeshare was Uninhabitable, per Section of the Rental.

The Rental Agreement is very specific. Section 12 defines Habitability as "by reason of flood, fire or storm". There was no flood, fire or storm. Note that RedWeek in a Sample Rental Agreement modifies, for future contracts, Section 12 with the addition of "force majeure or other natural disasters" as the definition for Not Habitable. While Marriot was Open during this week. RedWeek stated to me "our experience with timeshare resorts, particularly Marriott and Westin resorts, is they claim they are open when for all practical purposes they are not". Plus much other negative comments about Marriott. And Yet - Even though RedWeek stated a negative opinion of Marriott Resorts they still continue to present many, many hundreds of rental weeks. RedWeek stated they used "good conscience" in their decision for the Renter. It was the Renter that chose to cancel late with full knowledge of the consequences. And Yet - On the RedWeek site Marriott is praised as a "World Renowned Hotelier - Exquisite Timeshare Properties - Most Sought After Destinations". And Yet - On the RedWeek site on February 24th and March 13th there is a sales offer for Upgrading Marriott postings at a No Fee incentive. Section 7 - Owner is not responsible "for any reason beyond the Owner's control". Section 9 - Renter and Owner agree "For cancellations less than 60 days prior to check-in, the penalty is 100%".

At this time, as an Owner, I will pursue my loss of Rental Income through the Court/Legal System. I believe that RedWeek has Breached the Contract. I also believe that RedWeek acted too quickly and did not give enough thought to all the potential problems when issuing a blanket statement defining/ redefining Habitable. I offered the Renter a "good will gesture" and even gave thought to a cash remedy. RedWeek stopped that effort. As to RedWeek's "good conscience" they were made aware of my rent as Income, needed for future expenses.

James Souza (jamess1558)

Redweek’s stated post-Covid19 changes to contract are meaningless because they didn’t abide by their contract in place at the time. They abused my trust, demonstrated they will do as they please, make excuses, and assume PR release will make us happy to let them do it again. I won’t give them that chance & will never trust them again.

To Eric W

A question - I am a Timeshare Owner and believe to be in a similar situation - RedWeek's Uninhabitable Default Policy / AKA Breach of Contract. I'm new to this and will be meeting my Attorney next week. I expect he will tell me this is not his area of expertise and refer me to another Attorney. I'm Okay with that. FYI - I posted to this Forum today. Have you started the process of Litigation? There is a lot of chatter about Litigation, even some Class Action mentioned on BBB. James Souza (jamess1558)

ericw441 wrote:

I’ll be looking to file a lawsuit against redweek with the Ninth Judicial Circuit of Florida in Orange County, Florida. let the judge decide that they breached contract and owe the money to owners. Sorry to be cruel but we all paid a service to protect our investments. Their contract doesn’t stipulate a full refund to renter under this unfortunate situation. In fact it states non refundable within 60 days. Renters also had the ability to purchase insurance. My finances are just as important hence why I used their services. Never again will I use redweek

Read your Redweek contract. Section 12:

If the Unit is not habitable on the day that the Rental Period commences by reason of flood, fire, or storm, and a satisfactory substitute is not made available, the total Rent will be refunded to the Renter. If the Renter is required to evacuate the Unit at any point during the Term, the Renter is entitled to a pro-rated refund for unused nights from the point of evacuation order through the remainder of the Term. In such events, the Owner will have no further liability to the Renter. Renter's inability to complete their travel for any other reason beyond the Owner's control (including, but not limited to: illness, airline interruptions, job loss) are the sole responsibility of the Renter, and Payment is non-refundable. Renter is encouraged to purchase trip interruption and cancellation insurance for such matters.

Airline interruptions and illnesses are the responsibility of the RENTER. You should have bought the insurance. The owner is out maintenance fees.

I have yet to Pursue legal representation giving redweek time to review our specific details.

Based on email, it appears that the Red Week arbitration panel made its determination that the Unit is not habitable based on partially erroneous information. Insisting their renters purchased insurance for such scenarios. Specifically, they noted that the Marriott in Aruba closed on March 28, 2020, which it did not. I called Marriott Surf Club in Aruba directly and they confirmed that they were not closed on March 28, 2020 and remain open for business to date or going forward. (which is the date renter cancelled week in Aruba ) As a result, we’ve requested that the arbitration panel review its determination.

We paid Red Week’s fee for full service assistance in renting our Unit, and Red Week has completely disregarded the express language of the rental agreement, which was drafted by Red Week. Red Week has no authority to issue a refund to the Renters in clear violation of the rental agreement. We will pursue legal action against Red Week for interfering with our binding rental agreement if our terms are not upheld.

These have been difficult times and there is plenty of blame to go around in the panic. And, all this over maybe a $3,000 rental after paying less than $50 to advertise. Do you really think attorneys are going to be running to your aid over this??? Then, a nominal settlement, if any, and you can find another place to list for next year. Please try to settle this and move on.

ericw441 wrote:

I have yet to Pursue legal representation giving redweek time to review our specific details.

Based on email, it appears that the Red Week arbitration panel made its determination that the Unit is not habitable based on partially erroneous information. Insisting their renters purchased insurance for such scenarios. Specifically, they noted that the Marriott in Aruba closed on March 28, 2020, which it did not. I called Marriott Surf Club in Aruba directly and they confirmed that they were not closed on March 28, 2020 and remain open for business to date or going forward. (which is the date renter cancelled week in Aruba ) As a result, we’ve requested that the arbitration panel review its determination.

We paid Red Week’s fee for full service assistance in renting our Unit, and Red Week has completely disregarded the express language of the rental agreement, which was drafted by Red Week. Red Week has no authority to issue a refund to the Renters in clear violation of the rental agreement. We will pursue legal action against Red Week for interfering with our binding rental agreement if our terms are not upheld.

Eric Good Luck - But, my rental was also w Marriott (Crystal Shores Marco Island FL). The resort was Open and flights were flying. I advised RedWeek of this in three different E Mails and also my BBB Complaint.

RedWeek's response (below) - April 8th to me.

Our experience is that timeshare resorts, particularly, Marriott and Westin resorts, will claim they are open when for all practical purposes they are not. In most cases the amenities have closed and the resorts are not providing housekeeping services. 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.

The RedWeek response (above) written to me is copied from their E Mail. These RedWeek comments are their justification for claiming Marriott properties are "Uninhabitable".

James Souza (jamess1558)

ericw441 wrote:

I have yet to Pursue legal representation giving redweek time to review our specific details.

Based on email, it appears that the Red Week arbitration panel made its determination that the Unit is not habitable based on partially erroneous information. Insisting their renters purchased insurance for such scenarios. Specifically, they noted that the Marriott in Aruba closed on March 28, 2020, which it did not. I called Marriott Surf Club in Aruba directly and they confirmed that they were not closed on March 28, 2020 and remain open for business to date or going forward. (which is the date renter cancelled week in Aruba ) As a result, we’ve requested that the arbitration panel review its determination.

We paid Red Week’s fee for full service assistance in renting our Unit, and Red Week has completely disregarded the express language of the rental agreement, which was drafted by Red Week. Red Week has no authority to issue a refund to the Renters in clear violation of the rental agreement. We will pursue legal action against Red Week for interfering with our binding rental agreement if our terms are not upheld.

Good luck! I agree with you. Sounds like what happened to me & I asked them to review. I also asked them for names & job titles of those on arbitration board & have not heard back since March 20.

Blame to go around? The only blame is Redweek’s! What did owners do to cause this. We didn’t break the contract & many including myself offered 50 percent refund which Redweek refused. Redweek obviously doesn’t want to settle this with owners. Oh, I think there are some law firms who would take this on for a percentage of settlement. Good training for their new recruits. Depending on the bylaws & insurance for corporate officers, the company individuals who made these decisions may also be sued as well as Redweek as a company.

I have noticed some movement in the RedWeek Rating by the BBB. Complaints about RedWeek, Inc. made to BBB in the recent weeks has moved the Rating from A+ to A and now to A minus. It appears the Owners complaints that note RedWeek's handling of Covid-19 have gained some weight over those comments, mostly Renters comments, that give some credit to RedWeek. Also, I have with two separate E Mail requests asked for RedWeek to provide me with data that supports RedWeek's criticism of Marriott written in their BBB Complaint answer. No Response from RedWeek.

James Souza (jamess1558)

So with all that’s going on with Covid-19 Marriott is still requiring a six month advance notice in 2020 to bank points to 2021. Many airlines are not flying and there are Governmental regulations that may last all year. Also many, if not all amenities at certain resorts are cancelled. These are not insurable as a reason for cancellation. Funny how the Marriott hotel section is extending points that may expire, free weekend travel vouchers that may expire from 2020 to 2021. I guess I can change my 2020 reservation to an affected Covid-19 affected resort and then use the Covid-19 rules from Marriott to extend my points waivers?

Sounds like a Vacation Club Points reservation. You might consider cancelling the reservation and banking the points for use next year.

I can “bank” my points but if I don’t do it by July 1, 2020 I lose out the chance to “bank” The lose it or use it case.

That’s ridiculous when if you have a reservation affected by Covid-19 the 6 month necessary advance period is waived.

I do have the points reservation now on a very demand time and I will rent it out as not my cup of tea anymore.

For Eric and James:

Sheraton Vistana Resort was actually open with amenities ongoing (early April) when RedWeek informed me that it was "uninhabitable". I stand with you regarding a lawsuit. Also, a couple of years ago while researching ways to dump one of my weeks I did actually speak on the phone with a "timeshare attorney". So they do exist. On a different note; I have always been able to contact my renter. Her Tel. and Email are written in the contract. I don't understand that particular complaint on the part of some folks on this forum.

Redweek is doing the same to me. Someone should find a lawyer willing to bring a class action suit against Redweek on behalf of owners whose contracts are being breached by Redweek.