Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:03/01/2025

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I am filing this complaint against Kuhio Banyan regarding their misrepresentation of the value of their product and their deceptive sales practices. I was explicitly assured by a sales representative that the ********* I purchased would not only retain its value but could double or even triple over time. These claims directly contradict the Disclosure Statement, which states that purchases should not be made with investment return expectations. This contradiction is a clear example of misleading and fraudulent sales tactics.Additionally, the financial obligations tied to this timeshare, including inflated costs and restricted access due to financial constraints, were grossly misrepresented at the time of sale. The sales representative painted an overly optimistic picture of the benefits, which have not materialized. My intent in purchasing this timeshare was based on the understanding, encouraged by their promises, that it would enhance my family's lifestyle. Instead, it has caused significant financial **********, Kuhio Banyan is demanding $10,000 to cancel this agreement. This is unacceptable, as I have already incurred substantial financial losses due to their deceptive practices. I am requesting the Better Business Bureau to investigate Kuhio Banyan's sales practices and take action to prevent others from being misled. Furthermore, I am seeking to be released from this fraudulent agreement without any additional financial burden.

  Business Response

  Date: 03/13/2025

  MEMORANDUM
  TO: The Better Business Bureau, ********, ******
  FROM: ******** B. ******, President, Kuhio Banyan Owners Association
  DATE: March 13, 2025
  RE: BBB Complaint #********
  
  1)  The complainant, *************** owns time share in the Kuhio Banyan Club (KBC), the *** of the Kuhio Banyan Owners Association (KBOA), a Hawaii non-profit corporation whose members include all owners of KBC time share.  Like all other owners: (i) when he became an owner of *** time share, Mr. **** agreed to abide by the terms and conditions of the projects State of Hawaii Approved Time Share Declaration (Declaration), the legal document that created and governs the affairs of the ***** and (ii) Mr. **** is obligated to pay annual maintenance fees as determined by the Board of Directors, as provided by the Declaration.
  
  2)  Mr. **** is in violation of the terms and conditions of the Declaration in that he has failed to pay maintenance fees currently in the amount of $9,645.00.  Due to his failure to pay, KBOA has sent Mr. ****s account for collection.
  
  3)  The KBOA first addressed Mr. ****s unsubstantiated allegations of false and/or misleading representations made at the time of his purchase in 1992, via an email dated August 28, 2023, explaining that he purchased his time share from the projects Developer, *****************, NOT from the ***** and that ***************** gave him a copy of the State of Hawaii approved and mandated KBC Disclosure Statement, which: (i) he signed for; (ii) gave him a seven (7) day right to rescind his purchase for any reason; and (iii) clearly states: (a)  Purchases should be made for personal use and enjoyment, not as an investment. (Paragraph 20 (A) emphasis added); and (b) that the projects maintenance fees/costs may increase over time due to aging of the project and inflation; and (c) that neither the Developer, Sales Agent NOR THE ASSOCIATION promise that the estimate of fees as at the time of purchase are accurate. (Exhibit 5, EMPHASIS ADDED).  
              Mr. **** was not satisfied with this response, however, and KBOA once again addressed his unsubstantiated allegations via email dated November 21, 2023:
              You did not purchase your timeshare from the Kuhio Banyan Owners Association (KBOA).  The KBOA does not and never has had -- a sales force.  It is a non-profit Hawaii owners association, exactly like any other HOA, and represents all the owners of the Kuhio Banyan Club, and is legally bound to  do what is in the best interest of the project as a whole.  You purchased your timeshare from ****************************, and should attempt to redress your grievances with that company (***: it no longer exists).  The KBOA is not responsible for what may or may not have been said at the time of your purchase."
  
  4)  Mr. **** was not satisfied with this response either, and once again demanded that the **** accept a transfer to title to his time share in lieu of payment.  The KBOA replied via an email dated November 1, 2024: 
              KBOAs policy - as stated- has not changed.  No exceptions are allowed, since the Association must treat all owners in alike [sic] manner.  In addition, KBOA does not have the legal authority to engage in timeshare resales on behalf of third parties such as yourselves.
  
  Conclusion:  As an owner of KBC time share, Mr. **** is legally obligated to comply with the terms and conditions of his ownership as set forth in the Declaration.  The KBOA was not a party to Mr. ****s purchase of KBC time share in 1992, and is therefore not responsible for anything  unnamed agents or representatives of the Developer may or may not have said to him at that time.  Alleged unsubstantiated verbal misrepresentations made by unnamed individuals on behalf of the Developer in 1992 have no bearing whatsoever upon Mr. ****s continuing legal obligation to pay KBOA fees assessed pursuant to the provisions of the Declaration.  Mr. ****s complaint is therefore entirely without merit. 

• Initial Complaint

  Date:08/26/2023

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  False advertising. I booked for two beds (Double).. not literally two people. This Hotel took my money and my 4childen and I were left homeless. The hotel could not accommodate me and my family because there were no more rooms available. The customer service was poor. I was not allowed to speak to anyone in upper management. They refuse to make any exception knowing my family and I were on the streets. I would like a full refund. They are false advertising.

  Business Response

  Date: 08/30/2023

  August 30, 2023

  
  Attached please find the following in response to ********************************* Complaint against the Kuhio Banyan Hotel. 

  1.  Letter dated August 30, 2023.
  2.  Priceline Agoda Reservation Confirmation for ****************************** 
  3.  Sample Booking for One Room with Two Adults. 
  4.  Sample Booking for on Room with Three Adults and 2 Children.

  Please let us know if you have any questions. 

  Aloha, 
  Kuhio Banyan Hotel 
  **************************************
  Assistant General Manager
  

  
  

  Customer Answer

  Date: 08/30/2023

  The Kuhio Banyan Club false advertising and false statement.. My children and I. I have two teenagers and two toddlers. I was the only adult.  The Kuhio Banyan Club could not accommodate my children and I. Under false advertising of "double Occupancy". Their misleading advertisement caused my children and I to be homeless in ******** ******. ***************** residents. The management refused to accommodate ** and refuse to give ** a refund. Knowingly without care leaving ** homeless with no finances to secure shelter.  I reject their statement it is false.

  Business Response

  Date: 09/18/2023

  September 18, 2023
  Better Business Bureau
  *****************************************, *****, DI 83713

  Re: Complaint ID: ******** - Second Response

  Gentlemen:

  ********************** claim of false and misleading advertising is not valid. If you refer to the attachments we provided with our first response to ********************** complaint, it is very clear that the room advertised was for double occupancy, two people with one ******************** Kuhio Banyan does not have any rooms with two beds, so it's impossible to book a room with that type of accommodation.

  The definition of "Double Occupancy" is a type of travel accommodation, as in a hotel, for two persons sharing the same room.  The rate is based on double occupancy meaning it is intended to accommodate two quests.

  
  When ****************** booked her reservation, she failed to provide accurate information regarding the number of occupants in her party. She indicated there were only two occupants when in fact there were five. When booking a reservation customers must indicate the number of adults and the number of children and their ages. Children count as occupants so having one adult and four children occupying a room still exceeds the double occupancy limit per room. If ****************** had stated there were five occupants, she would not have been able to complete a booking for only one room.
  

  We are sorry thatMs. ******* feels the customer service was poor. We understand that a situation such as this can be stressful and feel as though management is not willing to cooperate, however, there was no way we could provide ****************** with the outcome she wanted without disregarding the occupancy limit. The manager who assisted ****************** is
  a seasoned employee and responsible for **************** such as this and speaking to upper management would not made a difference because we could not have checked ****************** and her family into one room knowing they exceeded the occupancy limit and making an exception would have violated the fire safety code which was not an option. We could not rent her an additional room because we were fully booked. ********************** reservation was handled according to the terms and conditions of the non-refundable reservation she booked, so upon further review of this matter, our position to deny a refund remains unchanged.

  
  Aloha,
  Kuhio Banyan Hotel

  **************************************

  Assistant General Manager
  :Imp
  
  

  
  

  Customer Answer

  Date: 09/20/2023

  For the very reason. As you stated there were no other accommodations due to the hotel being fully booked. I would like a refund because I could not be accommodated therefore this issue was unresolved. The stressed this hardship caused my family being miles away from our home in **********. We had no where to sleep for the night  and  no finances to stay somewhere else. This is poor customer service on management to allow a family to become homeless in ******** ******. There was no compassion then and certainly not now. I would like a full refund. " Your establishment could not accommodate my family and I".  You are taken finances without rendering service.

  Customer Answer

  Date: 09/20/2023

  For the very reason. As you stated there were no other accommodations due to the hotel being fully booked. I would like a refund because I could not be accommodated therefore this issue was unresolved. The stressed this hardship caused my family being miles away from our home in **********. We had no where to sleep for the night  and  no finances to stay somewhere else. This is poor customer service on management to allow a family to become homeless in ******** ******. There was no compassion then and certainly not now. I would like a full refund. " Your establishment could not accommodate my family and I".  You are taken finances without rendering service.

• Initial Complaint

  Date:08/10/2023

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I have yet to see my funds available to me. I was told I would only wait 3-5 business days for my refund and its still pending from this merchant. This is the seciind time this has happened. It took them 45 days to refund me in 2020. I need my funds asap. I have been patient long enough and I am out of work at the moment and this refund is what I was depending on to get me by and now Im completely homeless and starving.

  Business Response

  Date: 08/11/2023

  August 11, 2023

  
  Better Business Bureau
  **********************************************************************************

  Re: Complaint ID No. ********

  Gentlemen,

  This letter is in response to ********************************* complaint that the Kuhio Banvan did not refund the $250.00 security deposit we collected from him at check-in.

  ******************** checked in to the Kuhio Banyan on Sunday, 07.09.2023 and he checked out on Saturday, 07.15.2023. On Sunday, 07.16.2023 we released the Pre- Authorization hold placed on his account on **********. It generally takes 3-5 business days for a release to be posted to a cardholders account, however bank and credit card company policies vary so it can take longer for a release to be processed on the cardholder's end, which appears to be the case in this situation.

  We made several attempts to explain this to ******************** and we provided him with a copy of the "Void" slip showing that we processed the release of the $250.00 Pre- Authorization, however he did not believe us. We also contacted ******** Services who processes charges and credits made though our system and they confirmed on two separate occasions that the Pre-Authorization hold was voided by us on 07.16.2023.

  Attached please find a copy of the "Pre-Authorization" slip from 07.09.2023 and the "Void" slip showing the hold was released.

  The screen shot ******************** provided showing "Pending" status on his account does not say "Pending Release by Kuhio Banyan". It simply means the release we submitted on 07.16.2023 had not been applied to his account. We suggest ******************** contact his bank and inquire about their policy for posting credits and charges to his account. Unfortunately, there isn't anything the Kuhio Banyan can do to speed up the process with ************************ bank.

  If you have any questions or require any further information from us, please do not hesitate to contact this office.

  Aloha,
  Kuhio Banyan Hotel
  ************************************** Assistant General Manager

  :Imp

  
  2310 KUHIO ************************************************ ************** LOT FREE 80)( 959-9239
  

  
  

• Initial Complaint

  Date:05/24/2022

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Kuhio Banyan has continuously dismissed my concerns and my requests. My fees with Kuhio Banyan have generously increased over the years, even though they initially told me the fees would not increase and would simply remain at the number given to me at that time. Because of this, I have had to put many years of these fees on credit cards to be able to continue paying it. Whenever we werent interested in their timeshares, they would change their presentation and try to make the sale fit us. In the midst of that, they were lying to us to get us to sign the contract. I would not have signed had Kahio Banyan been honest with me and truly explained what I was signing. Instead, they lied and tricked me into signing this contract. Since this purchase my husband has passed and this has tacked on more of a financial burden for me as I am the sole care giver to my children and have a lot of responsibilities to help them with and I cannot take away from my kids because I have to pay for a membership we dont even use. I have reached out concerning my ultimate desire for cancellation and they have continued to dismiss me. My sole solution for this is termination.

  Business Response

  Date: 06/04/2022

  06.03.2022
  
  Ms. ********* complaint is the same complaint she filed against the Kuhio Banyan Owners Association (KBOA) back in 2019.  Her account is delinquent and has been with the collection agency since 2019, however nothing has been collected.  The last payment we received from ******************** was for the first half of the 2018 year.  ******************** currently owes a total of $4,818.00.
  
  ***** position regarding this matter has not changed.  Attached please find copies of our response to Ms. ********* complaint filed in 2019 along with our response to her letter dated May 27, 2019.
  
  Sincerely yours,
  Kuhio Banyan Owners Association
  ********************************
  President