Reference: 11230803SFDate sent: 29/08/2011
Dear Patricia,
After much angst and concern after finding out that RCI are indeed a Timeshare company and thenon-disclosure of this information at the time of the trial membership application, we wish to terminate the accommodation agreement forthwith.
On taking advice, the contract itself refers to the Greek Legislation in regard to hotel reservations. This law is 1652/1986 that as mentioned in article 8 provides for a right of repudiation/cancellation 21 days prior to the date of accommodation or thereafter the hotel is allowed to keep 50% of the accommodation costs. Therefore, we have a right given by law to cancel this contract and receive full reimbursement as it is certainly before 21 days prior to our holiday that Aegean Blu wishes us to take in April or May 2012. Also as neither myself or my wife have received any services from Aegean Blu, it is clear that Aegean Blu has not sustained any damage in relation to this cancellation.
Furthermore, it is very possible that you are in breach of contract as you specify that the ‘Agreement is a Holiday Program…. And is not a timeshare purchase’, whilst one need simply click the RCI webpage to discover that it is the largest time share company in the world.
Please could you tell us in writing what the Trial and Full Membership application entails? We can see that it is very possible that we will be buying into timeshare holiday spaces; and we specifically stated during our discussions that we did not want any association with timeshare. Both Jason Hipperson and yourself (Patricia Castle) stated that this was not a timeshare agreement and this is also specifically confirmed in the Terms and Conditions of Membership Agreement with Aegean Blu.
We are aware that we have not signed a contract with RCI Timeshare at this time; also the Agreement at point 1.2 states ‘The said Membership becomes available for usage upon payment in full of the Purchase Price’, and given by law, since the remaining 5 holiday weeks with RCI have not been specified and we are certainly before 21 days this further stands us in a position of not entering any agreement with RCI; therefore owe no further money.
Furthermore it is certainly 21 days prior to our holiday with Aegean Blu and we ask that you comply with the law 1652/1986 as mentioned in article 8, and therefore, we state that we are hereby released from this agreement accordingly. We request that you confirm cancellation in writing.
Under the provisions of the law 2472/1997 we hereby state that we do not authorise Aegean Blu to transmit our personal data to other affiliates or associates of Aegean Blu, including RCI, for the marketing or processing of our personal data.
We feel that now you are aware of our concerns with the agreement, that you will endeavour to confirm in writing with future prospective trial members, that they will be given a copy of the agreement that they will enter into with RCI on activation via the first holiday with Aegean Blu. This means that all agreement information with Aegean Blu AND RCI will be fully disclosed from the outset.
Yours Sincerely,
Mr J. M. & Mrs T. C. King