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Aruba Nights Island Guide
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Thread: Refunds on timeshare rentals.

  1. #11
    Senior Member Aruba4ever's Avatar
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    Andrea you are insightful as always.

    Quote Originally Posted by Andrea J. View Post
    Elaine have you been in touch with the owner and discussed the "what if Aruba is not open when it is time for us to go?"

  2. #12
    Senior Member qlaval's Avatar
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    I think that if a renter cannot occupy a timeshare because the resort and/or the island is closed then an owner should swiftly provide a full refund. On the other hand if a renter don't want to travel to an open resort and island simply because they feel uneasy to travel then there should'nt be a refund. Of course all of the above depends on your rental contract details. Owners can not be the only one to bear the present crisis, if renters want the possibility to cancel at any times then they should book directly with the resort at full rate. Those savings of 60 to 80% comes at a price. That why I always suggest travel insurance to my renters.
    Pierre

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  3. #13
    Aruba since 1979
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    Andrea J.'s Avatar
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    Good words Pierre.

    The travel insurance offered to USA residents seem to all or most have pandemic exemption clause.
    Quote Originally Posted by qlaval View Post
    I think that if a renter cannot occupy a timeshare because the resort and/or the island is closed then an owner should swiftly provide a full refund. On the other hand if a renter don't want to travel to an open resort and island simply because they feel uneasy to travel then there should'nt be a refund. Of course all of the above depends on your rental contract details. Owners can not be the only one to bear the present crisis, if renters want the possibility to cancel at any times then they should book directly with the resort at full rate. Those savings of 60 to 80% comes at a price. That why I always suggest travel insurance to my renters.
    ​In a world where you can be anything, be kind!
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  4. #14
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    So I am of two minds on this situation and it is also because this entire situation is so beyond belief and one that is totally unimaginable!
    My feeling is that both renter and owner should work out something that is reasonable and works for both parties. Both the owner and the renter have losses and no one person should have to absorb ALL of the losses. As Pierre so noted, many ppl rent from timeshare owners because of the great savings and also the ability to rent timeshares that are not generally available to the general public to rent.
    For many timeshare owners they do depend on the rental funds to pay for their maintenance fees. Regardless of the fact that they may know that these funds need to be paid this is how many are able to continue owning their timeshare. No judgement, just reality! By the time March hit property maintenance fees were paid for and for many those rental funds were used to pay those fees and may no longer have the available money to give back. One doesn't know other ppl's circumstances and perhaps the owner is now unemployed or getting a reduced wage and to give back the rental money means that the family food money would be gone. Not meaning that the renter couldn't use the money either but their money was paid out already and its gone and no one is asking them to cough up more money now that they don't have.
    Many "renters" are getting their money back from the airlines and then if they get all their money back from an owner there is no loss to them at all except a missed vacation. I am not trying to belittle that but then the entire loss is placed on the owner who in good faith rented their unit to someone at a fraction of the rental price. No one ever predicted this situation so for renters to expect that the owner take the full loss is something that doesn't sound exactly fair to me.
    Many ppl coming to Aruba never thought to buy travel insurance. There is insurance that covers pandemics or Acts of God, its called all perils insurance and it is available but more expensive to purchase. I know that is something I will be telling any of my renters going forward that they should ensure that they take this out so as to be covered for the cost of their trip should anything like this ever happen again. This will be a clear understanding of what the expectations are.
    I am not saying this to sound cold and callous as to be clear I lost thousands of dollars having to take an emergency flight home from Aruba and loosing out on one of my owner weeks so I speak as someone who lost money too. However, I feel that everyone is in this together and no one person should shoulder the losses entirely themselves. Many ppl are threatening to name and shame owners who don't give back money but I really don't like that. They are not scamming anyone but you just don't know someone's circumstances. I am just saying we all need to be fair and equitable.

    happiness is going to Aruba with your adult kids because they still want to come with their parents
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  5. #15
    Super Moderator WaltVB's Avatar
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    Thanks Randi, it's always nice to get a different point of view.


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  6. #16
    Senior Member Aruba4ever's Avatar
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    Randi I agree with so much of what you said but I disagree with some of it for sure. It takes two parties to make a contract...and they need to agree on a price for services rendered. If the owner is unable to provide services that were agreed upon for whatever reason its not okay to keep the renters money IMO. We will all see this different. Do I feel awful for the owner? Yes I do....but If I were not able to reschedule a timeshare visit I would want my cash back for sure and believe I would have legal grounds to expect that money returned.

    I have a rental in Aruba for a friend that I had to cancel because of the situation home and abroad. I have not asked for my cash back because I am okay with traveling at a later date. The renter of a timeshare will not have that option and should be given their money back. I believe its not the renters duty to pay the owners payments....they agreed on a contract and one party was unable to fulfill their obligation and in my mind the contract is null and void and all money should be returned unless the BUYER is willing to do something else. I have extensive contracts background and I honestly think this is an easy one to win in court...the problem is most people live no place near the owner to pursue their rights in court and doing so would be costly....which is why many owners don't do the right thing IMO.
    Last edited by Aruba4ever; 05-05-2020 at 12:04 AM.

  7. #17
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    I have to agree with Jay on this one. Some people will suffer more than others, for that I am sorry. And if we couldn't go, although our contract says you get your full money backup to 30 days before, I would just tell our guy to keep it for our rescheduling. But some people can't. Its what the airlines are trying to do, people booked a flight, the airline can't fly because they are not allowed, they have to refund the money (though they are giving vouchers & there is a class action suit against the major airlines). But if you can not provide the services, even if it is not of your choosing but a fact, you have to refund. In other words, under the law, you can not be unjustly enriched, at least the law in the states.

  8. #18
    Aruba since 1979
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    absolutely correct................... if the product or services cannot be provided, a refund is required.

    I just sent a message to the person that we have our deposit with for our Nov 2 weeks. ($600 deposit)
    I asked........"If Aruba is NOT open for our trip in November when we are scheduled, what is your refund policy? This question is NOT about what if I get sick and cannot go to Aruba in November, I am asking about if we cannot go because Aruba is still closed???"

    The answer " our monthly maintenance fees have not bee waived and this too shall pass"



    As much as I am not willing to lose that $600 deposit, I am more willing to lose that deposit then to send the final payment which was due on April 26.
    ​In a world where you can be anything, be kind!
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  9. #19
    Senior Member robin's Avatar
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    There are some timeshare owners who purchased the timeshare just to rent it out-to make a profit. There are others who own and rent because they are unable to go for some reason, such as health or work. When you own something, it is your responsibility to pay the timeshare fee(or taxes or condo fees) not the renter. What would an owner do if that week was not rented? They'd still have to pay the timeshare fee. They won't say to the timeshare company,
    "I'm not paying you because I didn't rent the week out." Everyone who owns some type of property, needs to have saving stashed away for difficult times.

    In these economic times, both the owner and renter may be feeling financial pressures. Even for those who are still working, it may be difficult because food is more expensive, people are working from home, so utility bills are higher, etc. Profiting off of some one during a pandemic is just wrong.

  10. #20
    Senior Member ~Amy~®'s Avatar
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    Contract Law is simple. Contracts can be written or oral. "Consideration" is one of several elements needed for a valid contract. Consideration is a price or a value that's exchanged for an offer (any exchange for something of value). If there is lack of consideration than the contract is null and void. Also if the terms of the contract are impossible to fill, that also equates to an invalid contract.

    Even though the owner is not at fault for the circumstances, they are still unable to complete the consideration/offer that was agreed upon and should refund the money back to the renter.
    ~Amy~® -- South Beach: Jan. 2020 -- New Orleans: Feb. 2020 -- Playa del Carmen: March 2020 -- Oregon winecountry/coast: July 2020 -- 40th trip to Aruba: Nov. 2020


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