Public Mediation

kRYSTAL INTERNATIONAL VACATION CLUB /kYRSTAL PLATINUM-Dispute-#1249981

J. L. vs. Krystal International Vacation Club /Krystal Platinum
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: 2 non-monetary items.
    • Claim #: 1249981
    • Amount Involved: 15,623.06
    • Filed On: Mar 28, 2012
    • Posted On: Apr 08, 2012
    • Complaint(s):
      • Contract / Agreement / Promise dispute
      • "I just feel ripped off."
      • Bad business practices
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Statement of Claim
Claimant says:
"Upon arriving at the Cancun International Airport and making it through the maze of lines of Customs, etc., we were directed to what appeared to be official personnel that would secure cab services to our hotel. At this point, we didn't realize we were no longer dealing with official airport personnel but rather front men for a timeshare organization. We were offered a free cab ride to our hotel as well as many other gifts and discounts if we would agree to simply go SEE the Hotel Krystal. We asked if this was a timeshare presentation and the agent said: “No”. He said that they only wanted us to SEE the hotel in hopes that we might consider booking there next time we came to Cancun. Two days later we were picked up by the same man and dropped off at the Hotel Krystal. As we were getting out of the van, he told us - for the first time - that there would be a "90 MINUTE presentation" after breakfast. We were escorted to breakfast by the first of several salespersons and even while we were still eating, the sales pitch began. Next was a tour of the hotel showing us a model room. After this, we were taken to what appeared to be a sales office. After being seated, we were soon greeted by a new salesperson who said we were there to hear about an exclusive vacation club that would give us great rates on accomodations and discounts on airfare, cruises and trips to wonderful destinations. We decided to listen to the presentation because we have reached a phase in our lives where we are planning to begin traveling more. HOWEVER, in order to join this vacation club, they claimed that we MUST buy into the Hotel Krystal condos program which WOULD rent back the condos to not only offset the total cost of purchase, but WOULD provide a 4% return on investment. They assured us that the first rent check WOULD arrive in June of this year and then in January of 4 subsequent years - before any payments WOULD be due. "NO MAINTENANCE FEES" were emphasized in writing with a big black marker on paper describing the units and prices. We showed no interest in these numbers, so prices were reduced and additional “bonus weeks” were added at the 3 Krystal sites in Mexico to sweeten the deal. In short, anything you needed or wanted to hear was said to close the deal. It was about this time that we noticed that the salesperson crumpled up the hand-written sheet with all the financial assurances and computations that were proposed. We indicated that we wanted that sheet for our records so she unfolded and straightened it out saying:”Oh, I'm sorry, this is for you to keep”. Continual pressure was applied insisting that the decision had to be made before we could leave. All of these INTENTIONAL misrepresentations were interspersed with personable conversation designed to disarm and lull us into thinking we were among trustworthy friends. After several hours of a complex and confusing presentation, the paperwork was signed by us.
After returning home and working our 7-day stretches, we were checking out club membership benefits to plan our next trip. That's when we came across multiple sites full of complaints about the Krystal Timeshare and Vacation Club. The "exclusive" Vacation Club turned out to be little more than a membership in RCI/ICE which is available to anyone without the need to purchase their timeshare. Furthermore, case after case indicated that the VERBAL promise to RENT during the presentation turned into a WRITTEN promise to only LIST in the contract. Their properties were never actually rented and no checks were EVER received. In addition, maintenance bills were charged whether the properties were rented or not. We got a sinking feeling that we may have been scammed also. We began reading our contract in more detail and found that indeed our contract stated the same. We searched our packet for the computation sheet with the whole scenario as it was explained to us in writing - but it was conveniently missing. They even had the audacity to include in the contract that anything verbally promised but not written in the contract was invalid. In other words, the hours of half truths, misrepresentations, and out-right lies that were deliberately used to get us to sign the contract, didn't mean anything.
After reading all the complaints online, we decided to cancel immediately. We reread the contract and found that there was only a 5-day recission period - which was never mentioned in the exhaustive presentation. Nor was it ever mentioned in their over-simplified explanations given during the tedious signing process. Considering that we were on vacation, we had no computer, no internet access and therefore no way to research this deal before coming home. And, of course, most people vacationing in another country are there for more than 5 days - I think they know this and exploit this.
We contacted them at our earliest opportunity - which was 2 weeks after returning home and asked for a cancellation of the contract. Our request was denied with the explanation that they “in no way had failed to deliver any of the services promised in the aggreement”. However, we have no intention of waiting around months - incurring maintenance fees and paying monthly mortgage notes - adding to the amount already defrauded from us. It's obvious this time-share deal is a scam and will never generate the positive cash-flow that was assurred us in the presentation. Without the certainty of rental income to cover the costs, we would never have signed the contract.
This has been personal and private between Krystal and us up to this point. We are going to try this one more time here and hope for a mutually satisfactory resolution. If we cannot come to an agreement, we will then pursue this matter publically by using any and all resources at our disposal including the regulators, watchdogs and media contained on this site and others. Our intent will be to insure that as many people as possible are informed about these deceitful sales tactics and considerably fewer will fall prey to them.
"
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  • 02-23-2012 — Signed Contrat
  • 02-29-2012 — Returned Home
  • 03-09-2012 — Finished our first work shift after returning home and began researching our new vacation club.
  • 03-13-2012 — Request for cancellation and denial received later that same day.
  • 03-15-2012 — Created official dispute with our credit card company and mailed signed revocation of authority to automatically charge credit card to Krystal and BOA..
  • 03-26-2012 — Called credit card company about dispute and called Krystal to see if they had recieved mail - they stated that they had not.
What Claimant Wants Hide
Non-Cash
What By When How Much
1. CANCELLATION OF CONTRACT CB10030 Mar 28, 2012 N/A
2. CANCELLATION OF PROMISSORY NOTE FOR CB10030 Mar 28, 2012 N/A
Cash
1. Refund: AMOUNT CHARGED TO MY CREDIT CARD Mar 28, 2012 $4,755.56
2. NO OTHER MONIES BE CHARGED TO MY CREDIT CARD AS DETAILED IN PROMISSORY NOTE Mar 28, 2012 $10,867.50
Just make me happy!
Claimant invites Krystal International Vacation Club /Krystal Platinum to make a fair offer to resolve this complaint.
Cash total : $15,623.06
Non-cash: 2 items
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer


There has been no response to this claim from Krystal International Vacation Club /Krystal Platinum. This claim will remain posted until resolved
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