
Angie of Manassas, VA on Feb. 27, 2009
On December 11, 2007, I and friends traveled to Cancun, Mexico. We stayed at Blue Bay Resort and while there, purchased a time share package at the cost of $25,000 (each paying $12,500 US) and each receiving 2.5 million points to used over a period of 25 years plus 1,000 nights of lodging within the Blue Bay family (Attachment A-Membership Subscription Contract Blue Bay Premier). In addition, I traded a TrendWest timeshare property valued at $12,500 toward the purchase price (Attachment B-Equity Exchange Agreement and Attachment C-Letter and Info from Resort Property Marketing Intl). Additionally, we were each charged $400 in legal fees. We were both present at time of presentation and sale.
As previous time share owners, we questioned both the sales person and his manager, Danny, to make sure that we understood all information. We asked specific questions about fees and hidden costs. At the time of purchase, were told several things that were later found to be false. Most importantly, we were never told that this was a third party contract with RCI that could be changed at their will. Now we find a more important truth. Blue Bay is a shell company for RCI. We would never have purchased an RCI timeshare.
The untruths are many. First, we were told that we could fly anywhere in the world for only $49 and points. With over 2 million points, that was no problem. We were given many examples of this $49 travel throughout their office. This is the main reason that I purchased this package. I wanted a method of affordable travel throughout the next 25 years. [Note: At the time of presentation, this was a verbal statement but was confirmed in the email from Blue Bay customer service, dated Aug 6, 2008 (Attachment I).] In reality, we found out that the plane ticket would cost $49 + Points + cash. The cash to be paid varied for each ticket. We were to pay all monies over the first $250 of a retail ticket. It was less expensive to go online and just buy a ticketwithout points or their fee.
Secondly, we were told that we had 25 years to use our points or we could use them all at one time and with no additional fees. Because of our ages, this was important. (Please see Attachment C and D). At no time were we advised about additional fees. Also please see Attachment E showing change in policy from RCI, dated Sept 5, 2008. In reality, this was changed in January 2008 so that only a certain number of points could be used per year (making plane travel and accommodations in one year impossible). With this change, we could never use our points because it would take over 40 years to use all of these restricted points.
Lastly, we were also told that we cold access RCI online 24/7 to help with vacation planning. In reality, because of changes, vacations must be planned without benefit of descriptions/pictures/the ability to compare properties and with their customer service in Mexico which comes with inherent language difficulties. Please see Attachment F-RCI and Attachment G-Blue Bay. We were told from an RCI salesperson, Alex, and RCI technical person, Martha, that "RCI terminated this feature the previous week" for Blue Bay members, "per contract changes".
In summation, had we known that this was an RCI contract over which we would have no say in all of their changes, we would NEVER have purchased this product. We were never informed that this was a third party contract. Please note the RCI Participation Agreement, Attachment I. We were told that this form allowed additional owners (i.e., our children) to use our points. They asked us to fill out and initial their names. In later negotiations with VISA, Blue Bay told VISA that this was part of our contract and informed us about RCI involvement. This was certainly news to us.
We began contact with Blue Bay via email on Feb 29, 2008 (from Elaine) following unreturned phone calls. A second email was sent March 3 (see attachment H). Neither was acknowledged. Mrs. Haywood tried to use points for air travel and accommodations. I tried to book a cruise and air travel. Nothing was possible due to limited points and the changes in policy. Finally, in July, I contacted VISA to stop the payment on monthly charges and to invoke their help since they usually protect their customers from fraud. I sent them the contract and all pertinent data. In August they told me that I must write a letter of cancellation to Blue Bay. I did so immediately on August 1. In September, VISA returned all monies.
On Aug 6, 2008, I received an email from Blue Bay addressing these concerns and confirming that changes had occurred per changes with RCI. Please note Attachment I. At that time they noted the back of the Participation Agreement, Attachment N. as part of the contract. What? This was never mentioned or discussed in the sales presentation. The Blue Bay representative wrote to VISA (attachment L and M) and keyed on this Participation document.
In November, VISA overturned their earlier decision and decided to return all monies to Blue Bay for all monthly payments. In January, they returned the original down payment to Blue Bay as well. The reason for VISA's reversal, they told me, was because there was a contract involved. [My friends] followed a similar path with their VISA. The monies for their monthly payments have been returned at the time of this writing. They did not receive a refund for the down payment amount of $6,250.
Blue Bay recently contacted me and offered a new plan if I would only fly down for the explanation. There is no flight possibility, no 2.5 million points, and certainly not 1,000 nights of accommodations within the Blue Bay family. To date, this entire mess is being guided by one of the leading contract attorneys in the Washington DC area and we are looking into a counterpart in Mexico. We have filed complaints with the Federal Trade Commission and the Commerce Dept US.
Blue Bay's counsel spoke with my attorney and he is amazed that anyone would carry the complaint forward. "People usually just drop all charges." I do not plan to drop this charge. They have stolen my money and RCI or Blue Bay or whoever they are should not be allowed to conduct business in this bait and switch mode. We have contacted you as another way to fight this unethical company. I have lost $12,500 + $400/legal fees + 12,500 for traded time shaqre.