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Pearl, I need some help regarding a contract that we signed
Hi there Pearl, I need some help regarding a contract that we signed while we were staying in Bali Indonesia. It was for a Holiday club. We paid a $2500US deposit. There is a substantial balance due in 13 days. The contract is half Indonesian, and half Singaporian. I was hoping that someone who has dealt with Karma Group contracts could give me some advice regarding: 1) Whether I should cancel my credit card account. At this stage, I have had new cards issued, but have not cancelled the account. Here are the facts surrounding this: i) I made the deposit payment via eftpos, and had to enter my pin. ii) I have a mastercard account. iii) I contacted the bank today, and they said that depending on the contract that I signed, they may be able to take additional funds from my credit card. They suggested that I send them an email to say that we do not give them authority to take any additional payments from my credit card. iv) They supplied me with a form to allow the remaining balance of the contract amount to be taken from my credit card. I have not completed this form, and they do not have that authority.2) If there is any point trying to get our deposit back? i) I asked if there were problems with availability. We were told as long as we didn't want to book into New York at Christmas time, we should be fine. Online there are numerous instances where we members were complaining about limited availability, and being asked to stay at a hotel close by for an additional price. ii) We were sold on the fact that we could stay at local resorts in Rottnest, Margaret River, Broome and Perth. There was also a large sales pitch on South Africa. None of these properties are mentioned in the Karma Resort Profiles iii) I asked if there were any Terms and Conditions to our ‘Free 2 Week holiday that we won”. I was told no, only to discover: a) The vouchers we were given asks you to refer to the terms and conditions on the website b) The website does not exist. There are numerous complaints of this also on a number of forums. c) You need to pay an administration fee. iv) We have 21 days to do our due diligence. But we can only do our due diligence if we have access to the system. And the only way to get access to the system, it to pay the remaining balance. We then need to prove that we do not get everything that we were promised via Singapore lawyers. v) There is a clause that talks about availability not being so good in peak season. We accepted this and understood. But when you look at some of the resorts, peak season is from week 1-52. So there is no guarantee at all that you can even stay at this resort. (One of these is Rottnest Island – which influenced us to start with). We were not made aware of this until we were given the guide book after we had signed. We were under the impression that peak season would be the term usually used in travel. vi) We were also told that when we bought a membership that we were purchasing an asset that was resaleable. This was used as a benefit to purchase given that we would not loose money on our investment. Research suggests that you are lucky to get 10% of the purchase price back on one of these holiday group shares.3) Is there any other legal comeback in Australia for Singapore, and Indonesian contracts besides potentially taking money from my credit card??Many Thanks,Jodie. … read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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