ComplaintsforVistana Portfolio Services, Inc

• Initial Complaint

  04/25/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  After a considerable period, we find it perplexing that despite prior notification of our placement on a deed backlist, we've received absolutely no follow-up communication. I've diligently escalated this matter through all customer service tiers, only to be informed by ***** that no further correspondence should be expected. This lack of professionalism is disheartening. It has recently come to our attention that your policy no longer permits five occupants in a premium-sized room. This policy shift is concerning as it was a key factor in our decision to purchase the weeks, given that our family consists of five members and booking two hotel rooms was costlier due to Atlantis allowing only four individuals per room. Upon verification with Harborside, we were informed that the reduction in maximum occupancy from five to four occurred last year due to the unavailability of rollaway beds. This change compounds the issues we've previously raised. We were assured at the outset that five individuals could occupy the room, which was pivotal to our agreement. Our inquiry and confirmation were specifically based on this idea. The recent modification underscores the necessity to terminate our agreement, as the core benefits that led us to enroll are now inaccessible. The agreement has devolved into a financial burden, rendering it futile since we are unable to utilize the facilities to accommodate our family's needs. We have meeting notes outlining the primary ownership benefits we were promised, including confirmation of five occupants per room. We sent these notes to the company and no one bothered to acknowledge our message yet again. This is wildly unprofessional. Please send us an update on our cancellation options at this time. We want nothing more to do with a company that openly admitted to refusing to communicate with us.

  Business response

  04/25/2024

  As previously shared by ********************* and ********************* in a number of responses, there is currently no exit program for *****************, as registration for such a program is not active with the Commonwealth of the *******. Such registration is a lengthy process; therefore, our Exit Services team is accepting registrations from interested owners. Rental or resale of your vacation ownership interests may be facilitated on your own or through a third party; be mindful of such companies requiring upfront fees. You may log onto www.arda.org for resale tips and references. Additionally, you have the option of deeding your vacation ownership interests to family, friends, or third parties.

  The purchase contracts you entered into in April 2011 and February 2012 stated the terms and conditions of your purchase of real property interest." Your purchaser acknowledgement also reflects your signed agreement that you were receiving a deeded interest in real estate. You were also provided a cancellation period in writing on the purchase agreement, receipt for timeshare documents, and the public offering statement.
  
  An offer was made by ***** and ***** to discuss the matter directly and to assist you with the use of your vacation ownership. Your use history includes home resort and VSN resort reservations as well as StarOption Banking and Marriott Bonvoy conversion.
  

  We are sorry for your continued dissatisfaction, but appropriate responses have been provided to you.

  Customer response

  04/29/2024

   
  Complaint: 21624305
  
  I am rejecting this response because:

  The issue lies in the unavailability of what we initially consented to. The sales agent was aware
  of our expectation for accommodations for five in a room. If there was a possibility of this
  arrangement not being upheld in the future, it should have been communicated to us. We
  wouldn't have opted for access to rooms unsuitable for our family size. Now that the policy has
  been altered, we require a corresponding adjustment. Eliminating the fifth occupancy availability
  likely underwent a meticulous process, similar to the one mentioned for cancellations. However,
  this change was implemented without prior notice to us post-sign-up. If modifications could be
  made to the cancellation policy in a similar manner, it would be equitable. Altering our
  agreed-upon terms without informing us is unacceptable, rendering the current situation
  unsuitable for our needs. They also brought up the option to sell or rent on a particular site,
  prompting the query of why we can't sell it back to the original company. They explain it's
  because of a prolonged process in the *******, despite giving us assurances that it was
  achievable. If they can't assist with it, why provide misleading information to buyers about its
  viability?
  
  Sincerely,
  
  ***********************

  Business response

  05/09/2024

  
  We appreciate the owners additional comments regarding their desire to cancel their vacation ownership at ******************  Although our position has not changed, we are pleased to provide further response.
  
  The maximum occupancy by unit type is stated in the Resort Vacation Ownership Unit Rules and Regulations and the Vacation Ownership Notification.    
  
  At the time of purchase, owners sign the Purchasers Acknowledgement which states that the interval is for their use and enjoyment and that the seller has made no representations regarding the potential of their interval for future profit, rental potential, tax advantages,depreciation, investment potential, or other monetary or financial advantage.
  
  Again, we appreciate the owners feedback, but are not agreeable to provide cancellation of contract.

  Customer response

  05/14/2024

   
  Complaint: 21624305
  
  I am rejecting this response because:  

  Again, I feel I must reiterate everything *** said because the primary issue is not being
  addressed. Please read this to the end before responding. If there was a possibility of this
  arrangement not being upheld in the future, it should have been communicated to us. We
  wouldn't have opted for access to rooms unsuitable for our family size. Now that the policy has
  been altered, we require a corresponding adjustment. Eliminating the fifth occupancy availability
  likely underwent a meticulous process, similar to the one mentioned for cancellations. However,
  this change was implemented without prior notice to us post-sign-up. Altering our agreed-upon
  terms, verbal assurances included, without informing us is unacceptable, rendering the current
  situation unsuitable for our needs. They also brought up the option to sell or rent on a particular
  site prompting the query of why we can't sell it back to the original company. They explain it's
  because of a prolonged process in the *******, despite giving us assurances that it was
  achievable. If they can't assist with it, why provide misleading information to buyers about its
  viability? Why are the sales agents contradicting the paperwork by providing inaccurate
  information? Why do they give assurances on aspects that have changed, like the option to sell
  back the timeshare and the 5th occupancy? My concern is the discrepancy between verbal
  promises and the contract. I seek clarification on this matter and resolution. Your company
  should provide documentation for verbal assurances. Recording conversations can ensure
  honesty from both sides if the sales agents are not entirely truthful. There seems to be no
  signature from the sales agent on the contract, raising concerns about consumer protection in
  such instances.
  
  Sincerely,
  
  ***********************

• Initial Complaint

  09/06/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We had scheduled a trip to Maui through our Vacation Club (Vistana/Westion Vacation Club). The arrival date was September 9 with a departure date of September 18, 2023. Unfortunately, the wild fires hit that area and they destroyed much the area around our Resort (The Westin Ka'anapali Ocean Resort North). We received multiple letters discouraging our travel from Vistana and the Westin Vacation Club. We were able to get a refund of our United Airlines flights and our car rental was refunded by Avis. However, Vistana and the Westin Vacation Club are unfairly penalizing us by restricting our usage of vacation ownership options for the remainder of this year. We did what they asked us to do, which was cancel our trip, then they penalized us for doing so. We want our Star Options to be returned to unrestricted and we want to be able to Bank them if we can't use them in 2023. Clearly, the United and Avis did the right thing by making us whole and so should Vistana/Westin Vacation Club.

  Business response

  09/08/2023

  We are sorry to hear about the disruption to Mr* *******'s vacation plans as a result of the wildfires that spread throughout the Lahaina area on Maui. 

  We are currently cancelling ownership reservations at all of our Maui resorts through September 14th.   As a result of the cancellation, owners will receive their StarOptions back with a 60-day booking window and original expiration date.  Please understand that we have an obligation to adhere closely to the reservation procedures that were established at the onset of the vacation ownership program as they were created to ensure its long-term success.  If we were to honor Mr* *******'s request to unrestrict his StarOptions, and extend them into the 2024 use year, then we would be obligated to do the same for every other owners whose reservations have been impacted by this terrible natural disaster.  This type of a wide-ranging exception would have a serious impact on availability in the 2023 and 2024 use years, because it would prevent other owners from being able to make a legitimate future booking.  In other words, as proprietors of the program we must ensure there is always an equitable balance in terms of outstanding StarOptions versus the number of villa nights available in the future.  

  If Mr* ******* is unable to use his StarOptions before they expire, Owner Services will offer him an Interval International certificate that he can use sometime in 2024.  The deposit can be redeemed for a 7-night stay in a 2-bedroom villa through Interval International.  All reservations are subject to availability through Interval International and reservations can be requested up to one year in advance.  There is also a $99 exchange fee collected by Interval International upon redemption. The benefit of the Interval deposit is it allows owners up until December 15, 2024, to plan a different vacation.  The organization is offering this simply as a gesture of goodwill, the deposit is not meant to replace Mr* *******'s Maui vacation and some flexibility in terms of travel dates and resort locations may be necessary to use the deposit.  Mr* ******* is encouraged to contact Owner Services at 888-986-9637 to learn more.

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