I sell vacations, but I don’t schedule the reservations. The reservations are scheduled through the reservation department of the company I purchase the vacations through. The past couple of years I have been supplying vacations to “daily/weekly” deal sites. Most of these companies have Newspaper, radio, or TV networks. In this method the network company does the advertising, and I supply the vacations. The proceeds are split 50/50. Recently I supplied vacations to a company that has several radio networks. We sold 170 Vegas 4 days w/ companion airfare. The problem is about half of the vacations are being refunded or occurring a charge back because the vacations are not scheduled by the company I purchase them through. Customers are promised by the reservation department that they will receive a call regarding the scheduling of their vacation within 72 hours or within 3 business days. Customers who wait days past the time of the promised phone call do not receive the call. We email the reservation department repeatedly regarding the customers’ complaints about not receiving the scheduled phone calls. A couple of months have passed in some cases without a word from the reservation department. The customers feel they’re being neglected, and they become suspicious and are accusing our partner (the advertiser) of running a scam, and one person filed a complaint with the Attorney General. Terms change: We don’t advertise that the customer will be booked into the Bellagio, the Venetian, or any other upscale hotel, but a few customers have been booked into a less than desirable hotel (The Imperial Palace). The vacation supplying company advertises “We guarantee that your customers will receive deluxe hotel accommodations in the city of their choice. In Las Vegas, our most popular destination, we have always provided accommodations at major hotel casinos. We have never received a complaint about the hotels since all bookings are done at quality hotels in every location”. We’re accused of bait & switch. Do I think they are doing this deliberately? No, I’ve dealt with them for years, and there have been “glitches”, but nothing of this magnitude. My best guess is they don’t have enough personnel to handle the reservations, but that is not our fault. We should not have to refund money because they can’t fill them. I have emailed them (you can’t phone) on several occasions “complaining about all the complaints we receive”. I have received no answer from them. Two or three years ago I filed a complaint against this company regarding a cruise. I filed it with the Attorney General in California, but was told this was not the proper office. This complaint cured itself. The cruise line went out of business, so my complaint regarding the cruise was dropped. The amount of money we’ve refunded so far (we’re still processing) is between $13,000 and $16,000. Too much for small claims court (even if we were in the same area), and not enough to interest an attorney. Arbitration perhaps. My wish is to continue selling these vacations, and this company is the “only game in town”. But if my credibility in delivering the goods to completion is damaged, I can’t see any other company working with me. My goal would be that they apologize to me and to the damaged partner I have been working with and that they understand there will be repercussions if it should happen again. How is this accomplished? Arbitration? Attorney write a strong letter? File a complaint(s) with the proper authorities? If so, with whom? When I read FTC complaint filing, it looks like it is for an individual filing against a company – not company to company. I realize this sounds simplistic, but I don’t know where to go with this. What I need is advice. I'm concerned...hesitant. What if their recommendation is not enough- and I need more help other than just advice?
Country relating to Question: United States
State (if USA): Virginia
Thinking! Internet searching.
Hello there --
Do you have any kind of written agreement with them to perform these services for this company or with this company? Or are you simply doing this on a verbal agreement?
This particular promotion I leased a website for 1 month to print out the Las Vegas and airfare certificates. I suppose this qualifies as a contract. I certainly would not have rented it if I thought the reservations would not be filled.I'm a bit concerned about Internet advice. What if I need help when this has ended. Of course that should depend on the "advice" I receive. I'm really tired. Is it possible to continue this tomorrow, or do I need to stay with it now? Thank you.
You have successfully signed up for a subscription to Certificate Incentives Program using PayPal. Your first subscription payment, for $49.95 USD, has already been sent to Certificate Incentives, LLC.Date of sign up: May 1, 2012Subscription Name: Certificate Incentives ProgramSubscription Number: S-9V401766BT881211JSubscription Terms:$49.95 USD for each month
Cancellation Date: May 30, 2012Subscription Name: Certificate Incentives ProgramSubscription Number: S-9V401766BT881211J
Hello again Trish --
Up front, I want to let you know that we are simply a question and answer service -- we cannot represent you in these matters and the information that I provide you can only be used for informational or educational purposes -- under our terms of service you would not be able to say to them "I spoke with Just Answer and they said ....." That being said, what I can do for you is give you a general assessment of your situation from a legal standpoint and the suggestions that I make will most likely assist you in deciding what steps you must take yourself in these matters. However, to implement anything you will have to contact and hire a local attorney to do so.
If this service is not what you are looking for then you should contact customer service and ask them for a refund, but if you want to continue on with me here, please let me know and I will be happy to give you some direction regarding your next moves under Nevada law. I can pick this up at anytime tomorrow also -- if you want to let me know how you plan on proceeding at that time you can also leave that decision to tomorrow as well.
Thank you,. Mary.
I was really hoping for a solution- and someone who could follow up if needed. I am going to go to bed now and think about. Unless you can recommend someone in my area, I'm not sure it would help.
Thank you so much for your knowledge and kindness. You look like a really capable attorney. I'll get back to you tomorrow...probably after 10:00 am.
Thank you again.
Not a problem -- let me know what you want me to do.
Good morning Mary,
Yes I wish to continue. I wish I could continue with the same person ( I dance with the one who brung me), but I understand.I have some additional information for you. I'm not sure if any of it is relevant- but here goes.
Regarding the Vegas registration , Certificate Incentives.com) of the electronic certificate dispenser, I’m sure you noticed that it is also registered in California. This entity is fairly new…about 3 years. I used this method for the Vegas certificates because the main website Vacation Getaway Incentives was no longer carrying the Vegas getaway.
Company information:Incentive Travel Plus4196 Merchants Plaza Suite 310Lake Ridge, VirginiaUnited StatesPhone: XXX-XXX-XXXXincentivetravelplus.com
Vacations754196 Merchants PlazaSuite 310Lake Ridge, VA 22192
Thanks for returning -- I am happy to assist. Please bear with me for about 40 mins or so in order for me to review this information and research and write up an answer for you in this website -- you do not have to remain on the website -- you will get an email each time I post something here for you (whether it is a request for more information or an actual answer).
Thank you. I shall await your email.
Did I miss a communication? I was told it would be in about 40 minutes several hours ago.
Hello again trish
I apologize -- I had a playground mishap with my daughter and had to run to the emergency room for a stitch on her knee -- she is fine and I am now back on line..
Your actual contract would be the licensing agreement with them on the website that you were using to access and print these certificates, so you should read it carefully because these types of contracts are generally what we call "contracts of adhesion" -- meaning that it is a take it or leave it situation and there is very little that you can do to change it. However, that does not mean that you cannot file complaints against them with the Federal Trade Commission (because they are selling these things across state lines then it is a federal matter and your best bet would be to sue in federal court if it comes to that). And you can file a business to business complaint with the FTC -- you simply should write it up yourself in the form of a letter to accompany the complaint form. Regarding what you can do legally, because a court will consider this a business to business situation and not a consumer claim, you are really going to have to hire a local VA lawyer who has experience in federal courts (because of the interstate sale of the certs on the web) and the lawyer may be able to find enough loopholes that just a strong letter to the company from the lawyer will be enough to get them to want to work this out with you -- and the way to demand arbitration rather than a full blown lawsuit is to actually hire a lawyer and make the demand in writing and then if they refuse to cooperate and take the matter to arbitration, then you will have to have your attorney file a full blown lawsuit in federal court.
Please press the THIRD, FOURTH or FIFTH smilr face for my time. I am paid nothing unless you press the 3rd or 4th OR the 5th smile face below. This is not a hobby for me -- it is how I earn a living so I appreciate it when my customers press the correct button below so I will be paid for my time. THANK YOU !!
14 years experience corps, LLC's and partnerships; preparation, negotiation of complex contracts and business agreements
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