> Sundance Vacations Complaints And Cancellation Procedures

Thursday, March 4, 2010

HOW TO CANCEL A SUNDANCE VACATIONS MEMBERSHIP

If you're viewing this article, you've probably already been duped by Sundance Vacations; if so, don't let it happen again, because they will attempt to pressure you to keep the membership, just as they pressured you to purchase it! Also, although Sundance Vacations may SAY you cannot cancel, by referring to their non-cancellation clause, BUT THAT'S JUST NOT TRUE! Because you are protected by the Federal Cooling-Off Rule and you have a right of  cancellation. If you need additional assistance, contact one of the page administrators at Boycott Sundance Vacations. Be advised that Sundance Vacations' is aware of this article. 

STEP-BY-STEP CANCELLATION INSTRUCTIONS

(1) If you have just made the purchase, immediately stop payment on any check and/or any and all credit card or debit card pre-authorizations to Sundance Vacations, Tri-State Financial, or Travel Advantage Network (TAN). (You may have to cancel that particular card as explained in the next section (2)). Or, you may have to DISPUTE the charge based on material misrepresentations.  

(2) If you are making payments on a past purchase the very first thing you should do is to contact your banking institution and rescind any pre-authorized debit payments from your checking and/or credit card account. (The same procedure as in step 1) Or, if necessary, close out that particular account and the issuing bank will give you a new account number that can NOT be debited by Sundance Vacations/Tri-State Financial/Travel Advantage Network (TAN).

(3) AFTER you insure that no monies will be deducted from any of your accounts (by completing steps 1 & 2) you should then proceed to step (4).

(4) Write, call or send a fax to Sundance Vacations indicating your desire to cancel your membership and receive a full refund for any monies previously paid to Sundance Vacations and/or Tri-State Financial. Also tell them that you have rescinded any pre-payment authorizations. Be sure to disclose that you have stopped all pre-authorization payments with your banking institution. The address of the corporate office in Wilkes-Barre, PA. is listed in this article.


If you contact Sundance by phone to cancel they will tell you that you signed a "binding contract" that cannot be cancelled. That's simply not true because many consumers have cancelled and received a full refund as detailed on the Boycott page.  Furthermore, in Wisconsin for example, you have "the right to cancel the future service contract within at least the first 90 days of the future service contract." (Wisconsin "Future Service Plans" 136.001(a)

In New Jersey you have an absolute right to cancel your membership within the first 7 days since most of the Sundance Vacations/TAN properties are Timeshare properties and, therefore, "Timeshare plans" as defined by the New Jersey Real Estate Timeshare Act, NJSA 45:15-16.50, et. seq.. The Act states, in relevant part, "'Timeshare plan' means any arrangement, plan, scheme, or similar devise, whether by 
membership agreement, sale, lease, deed, license, or right to use agreement or by any other means, whereby a purchaser, in exchange for consideration, receives ownership rights in for a period of time less than a full year during any given year on a recurring basis, but not necessarily for consecutive years." See the following link: Sundance Vacations sells "Timeshare plans."

Obviously, Sundance Vacations sells “Timeshare plans” as defined by the plain language of the statute, which mandates a 7-day period in which you may cancel. In consultation with several attorneys, considering all reasonable rebuttals, all agreed that, by definition of the specific NJ statue, Sundance Vacations is selling "Timeshare plans." 

The other states in which Sundance Vacations operates Illinois, Indiana, and Ohio come under the FTC 3-Day "Cooling-Off Period".  Pennsylvania is controlled by the standard 3-day cancellation period under the Pennsylvania Unfair Trade Practices And Consumer Protection Law. (Scroll down to section 201-7)  Furthermore, if there were material misrepresentations made to you during the sales pitch that membership is null and void from its' inception. In other words, if the sales person lied about an important issue that makes the membership agreement worthless!


Sundance Vacations - Corporate Office
264 Highland Park Blvd. 
Wilkes-Barre, PA 18702
Phone: (800) 220-9400 - Fax (570-820-0920) 
E-mail:   pr@vacmail.com (pr = Public Relations)
E-mail:  Sshannon@vacmail.com (Sandy Shannon, Customer Relations -Fax (570) 235-2010

ALERT! SUNDANCE VACATIONS WILL ATTEMPT TO WEAR YOU DOWN!

Sundance Vacations will first attempt to "modify" your membership with less weeks and a smaller monthly payment. Don't be fooled, it's a bad deal at any costs. Insist on a complete cancellation and clearly explain to them any misrepresentations that may have been told to you. It deserves repeating that any agreement that is consummated with material misrepresentations, whether by commission (what they tell you) and/or omission (what they fail to tell you) is null and void from day 1. Therefore, you are entitled to a full refund of any/and all monies paid to Sundance Vacations/Tri-State Financial. Again, it's important to remember that their first response will be that the membership cannot be cancelled, but they'll "modify" the membership and lower the price. It's a bad deal at any price; see the following comprehensive article Sundance Vacations Week's Cost $1,100-$1,300 Per Week! Consequently, you should accept nothing less than a complete cancellation. 


You may also be told that Tri-State Financial paid Sundance Vacations and you are now obligated to repay them, and that you cannot cancel until your contract is paid in full.  It may appear to be a debt on paper, but that's just a gimmick! Tri-State Financial is not certified lending institution, nor are they registered with any of the three major credit reporting bureaus. Tri-State Financial is a ruse to create the impression, in the mind of the consumer, that they have an outstanding “loan” with Tri-State Financial when, in fact, no such loan exists! Tri-State Financial is Sundance Vacations.

If Tri-State Financial paid Sundance Vacations for the membership how did they pay them? Was it by corporate check? OK, produce the cancelled check. Was it by electronic wire transfer? OK, produce the electronic wire transfer verification. Was it by promissory note? OK, produce the certified promissory note. There is no “loan,” it’s a gimmick, plain and simple!

Again, it deserves repeating, although the membership agreement indicates that it cannot be cancelled is pure bullshit! It's THEIR agreement, and THEIR wording, and just because THEIR agreement says it cannot be cancelled that doesn't amount to a hill of beans! Suppose THEIR agreement said the Moon is made from Green Cheese, does that make it so; of course not! Again, read the Boycott page, since there are many, many consumers who have cancelled their agreement and received refunds.  Also read the comments by "Theresa."


If you persist on canceling (which you should) Sundance Vacations may ask you to sign a "Confidential Termination And Release Agreement." You are under no obligation, what-so-ever, to sign such a unconscionable agreement. In other words, what Sundance Vacations is saying that if you refuse (which is your absolute right) to sign that "release agreement" they will then force you to honor that unwanted membership agreement, which is basically Blackmail and/or Extortion! You have every right to cancel your membership agreement without any qualifications! Sundance Vacations is a despicable organization that has no regard for anything or anyone, other than the almighty dollar!

Furthermore, any agreement can be cancelled if both parties agree to cancel the agreement. But Sundance doesn't want to do that; they want to keep your hard earned money for a product/service that you cannot use with the ease that you were lead to believe and probably will never use as a practical matter.


Finally, you should follow up with a 5 minute on-line complaint to the Attorney Generals Office of Consumer Protection in the state which you made the Sundance Vacations membership purchase because this will insure that Sundance Vacations will respond to your concerns in a manner acceptable to you. Those email addresses are available below.

More importantly, since it was the telemarketing call that hooked you in the first place, and if you are on any Do-Not-Call lists, Sundance Vacations was NOT authorized to call you in the first place because sweepstakes entry forms do NOT waive the consumer’s privacy rights under the DNC Regulations, as clearly detailed by the FTC. Sundance Vacations Defies The FTC!  Consequently, you should file an on-line complaint with the Federal Trade Commission (FTC) at the following website: FTC on-line Do-Not-Call Complaint Form.  


Finally, if you have any individuals questions you may contact one of the Boycott Sundance Vacations Facebook administrators, as they are available to assist you as they have assisted many others on the Boycott page. Consequently, if you follow these instructions carefully, you should be able to cancel your Sundance Vacations membership and receive a full refund for all the monies you paid Sundance Vacations/Tri-State Financial.

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