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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116780
Experience:  Attorney experienced in commercial litigation.
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Alexia, We signed a contract membership with a wholesale vacation company in

Customer Question

Hello Alexia,
We signed a contract for a membership with a wholesale vacation company in SC on 2-25-16. Allegedly the company purchases flight/hotel packages and reserves condo weeks in bulk, and then pass on the discount to members. They have travel agents who you call and they put together a package at a reduced rate to the member. We signed a purchase agreement contract on 2-25-16, but our credit card did not go through. We said that we would call when we returned home to give them a different credit card number. We are now home and have decided this is too much risk. The contract states it is "non-cancelable contract." In addition, on a membership agreement document, it states "this agreement is not subject to any right of rescission under South Carolina law". Can you advise us please? Thank you, RF
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

This is not a timeshare per se, since you do not own a part of any unit, it is a vacation club that rents condos as part of the package. As a result, it would not be under the SC timeshare right of rescission laws. However, you need to send them a letter anyhow Monday morning and inform them that as the credit card was not approved you are canceling the transaction and to cease and desist communicating with you. Keep that credit card cancelled as well, so they cannot keep trying to force the charge through.

They will threaten to sue, but the bot***** *****ne is most all times in these companies it costs them more to try to sue you and their chances of having a court rule that even though it is not technically a timeshare, they should fall under the same law is high. The timeshare laws in SC provide a 5 day right to cancel that cannot be waived and you need to inform them that they are indeed a timeshare operation and you will report them as such to the SC Attorney General for violation of SC 27-32-40.

If they continue to pursue you other than threats to sue, then you need to make your complaint to the Attorney General and you need to contact a local SC attorney to represent you to pursue them to stop them from trying to pursue this (which is a unlikely event).