I visited the Dominicus Palace this summer during the month of July for 3 weeks and had an excellent holiday. The only message I would like to transmit to the public is self-explanatory if you read the attached letter. I am still pursuing this matter and will continue to do so.
VIVA INTERNATIONAL SERVICE AND
COLLECTION COMPANY (VISAC)
AVENIDA WINSTON CHURCHILL NO 1099
ESQ. ANDRES JULIO AYBAR TORRE ACROPOLIS
LOCAL P11EG, PISO 11. ENSANCHE PIANTINI
SANTO DOMINGO
REPUBLIQUE DOMINICAINE
By Fax : (---)
and by
Registered Mail with acknowledgement of Receipt
August 2004
W I T H O U T P R E J U D I C E
Dear Sirs,
By this letter I inform you of my immediate cancellation of contract No. 1278AR33-30 dated 1st July 2004. This cancellation is based on the false and fraudulent information provided to me by your sales representatives prior to its signature.
You will recall that I made exactly the same request prior to my departure from the “Dominicus Palace”. At that point in time you advised me that it was not possible and that I would lose my deposit.
I would like to point out that this contract was signed under pressure during my “supposed” vacation with my family (comprising of two young children) within your resort. I would also add that I was harassed on numerous occasions by your sales representatives located throughout the resort that were virtually impossible to avoid. I would also specify that the signature of this contract was based on the following fraudulent information provided to me during the 5 hours “brainwashing” sales tactics employed by your sales representatives :-
1.All future holidays spent in the Viva Vacation Clubs would work out to be economically favourable. This based on the fact that under the proposed contract I would be guaranteed equivalent to and/or cheaper flights than the prices tour operators practice.
2.Numerous price calculations were presented to me to demonstrate point number 1 above and in particular were made to compare the cost I had paid for my current vacation to what I would have paid under the proposed contract. According to the sales representative I would have saved in the region of EUR 1,000 !!
3.I would be able to use the vacation weeks in any of the 3,800 4*/5* Hotel Resorts located throughout the world.
4.This proposition was totally unrelated to any time-share system.
5.I specified that I would be planning to travel during the school holidays as I have two young children. I was advised that I would have no problems booking my vacation as long as I booked a few months prior to my departure.
Accordingly, during my vacation with my children, I was pressurised into signing a contract based on the information above, which had been provided to me by your sales representatives. On site this information was impossible to verify. Unfortunately, I had not heard of RCI but did have a vague idea about the time-sharing concept. It was for that reason I specifically asked if this system had anything to do with time-sharing. The day of my departure I realised that I had been a victim of harassment and I expressed to you my desire to cancel the contract. Once again, your sales representative, Gregory, repeated the same fraudulent promises above and even went as far to refer to me as paranoid. I was advised by your commercial director that it was not possible to cancel the contract and that I would lose my deposit.
However, having returned home I have now had the chance to verify the exactitude of the promises made by your sales representatives and I have discovered the unfortunate reality of the situation.
I called RCI France in order to check the cost of flights to the Dominican Republic to check the information provided to me by Viva Vacation Club’s sales representatives. The agent advised me that unfortunately they had no possibility to book charter flights and were by no means able to compete with the flight prices accessible to the tour operators for that destination. Furthermore that it would be necessary to book flights at least 9 months in advance to get the RCI rate (by no means comparable to charter rates) after which period of time the rates would increase rapidly and would be excessively expensive.
I have now also had the opportunity to look on the RCI website – (I would add no materials whatsoever have been sent to me to date). The 4*/5* hotels are few and far between and the majority of properties available appear to be time-share rental accommodations.
During my telephone conversation with the agent from RCI I discussed the matter of booking the accommodations on the website. I explained to her that I had been led to believe that I would be able to book amongst 3,800 4*/5* hotels. She advised me that I should be careful because RCI was a time-share system and that I should note that they were “subject to availability”. Furthermore she advised me that during the period of the school holidays it was highly unlikely that I would find anything available. I would also add that no terms or conditions in relation to RCI membership were shown to me at any point in time.
Under the circumstances, I consider the contract null and void as it was sold to me on a completely fraudulent and deceitful basis. I would therefore politely suggest that you retain your two-week “all inclusive” offer as I have absolutely no intention of using them.
I must add that I do not understand Viva’s marketing policy as my family and I spent a wonderful 3-week holiday at the Dominicus Palace. Why would you wish to rip-off tourists on your premises who are having a great time and who would most probably return the following year ? How can you allow these sales representatives lurking in practically every corner of the premises to practice such a dishonest activity ? Had I not been conned into signing such a fraudulent contract I would have returned to any of the Viva Vacation Clubs without hesitation. My children are already asking when we will be going back. However, in view of the circumstances, out of principle I will not come back and will advise all and sundry to avoid your sales representatives like the plague.
A serious and reputable company would be seeking customer satisfaction. I am definitely not satisfied. At this point in time I have not contractually benefited from any of the contracted weeks and will not do so as it will cost me a lot more money.
I would therefore request that you reimburse my initial deposit to the following account number within the next 7 days :
Bank :
Account number :
IBAN :
Beneficiary :
I would hope to anticipate that we will be able to settle this matter in an amicable manner. However if this does not transpire to be the case I would further advise you that I have every intention to write to Mr. Fred Kleisner at the Corporate Headquarters of Wyndham International to question this unscrupulous and corrupt activity within your resorts. A similar letter will also be sent to Mr. Ettore Colussi.
I am also considering writing to the head offices of all the tour operators that are marketing your properties advising them that it would be a good idea to add a circular letter to all travel packages alerting travellers to this fraudulent and dishonest activity.
I look forward to receiving your response a copy of which will be forwarded to my lawyer for his review and subsequent action.
Yours sincerely,
Anon


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