What do you you guys think?

[BETTYDISNEY]

As I previously posted, I had rented a handicapped accessible pool home and my reservation was recently canceled as I was told that the owner had previously reserved it with someone else. Funny thing though the first person I'd e-mailed I believe was the owner. He told me that those dates were fine and told me the total due for the 10 nights. He then told me that his reservation agents would contact me regarding the details.

When I purchased my airline tickets in double check, triple checked that my reservations were in order. I submitted the paperwork, and paid the deposit(which has been cashed).

They told me that there were some other villas available but not on the dates that I had selected and not on the property that I wanted.

When I called the airline they told me that my tickets are nonrefundable and that would be $100.00 per person to alter the dates.

I know that Disney has wonderful villas available but as you know they can be quite pricey compared to what my rental was going to be for the 10 days. There are not many properties that offer roll in shwers and this is why we selected this one. I do not think this is fair or correct to make a reservation for someone and then cancel it this way. I still have not heard back from her she had been out for two days regarding the return of my rental deposit.

I spoke with a friend of mine who is a lawyer, and he told me that she should be responsible for reimbursing me the costs of my airfare. I should not have to change my plans or travel dates to accommodate what they want. We had a contract and they broke it.

What do you guys think, I'm sorry this turns into a long rant but this has totally frustrated me and my family beyond belief.

 

[scottsod]

have you tried going to google and putting in

orlando roll in shower vacation home

i just did and 1st page shows at lest 7 or 8 vaca homes with roll in shower
and a one i saw had pool lift not shure wich one you already booked with so
i didnt want to post links but try that maybe you can find one for your dates


good luck
scott

 

[BETTYDISNEY]

That is how I found the house, and some of those are booked and some are $375.00/night.

I spent a good month searching and emailing people.

Thanks Scott!

 

[mechurchlady]

You had a contract and they broke the contract. They should provide comprable housing or make you whole again. Listen to your lawyer friend and I think you should hound them and get money back.

If you cannot get another home then try Disney as they do bend over backwards for the disabled and are very nice places to stay. Hugs and prayers. Chin up from Laurie

 

[BETTYDISNEY]

You had a contract and they broke the contract. They should provide comprable housing or make you whole again. Listen to your lawyer friend and I think you should hound them and get money back.

If you cannot get another home then try Disney as they do bend over backwards for the disabled and are very nice places to stay. Hugs and prayers. Chin up from Laurie

Thanks Laurie !

Here is actual email from the guy:

Dear Mrs Alarcon
> Thank you for your e-mail regarding the villa rental. This home is
> available for your requested dates. I can give you a cost of $1417.00 for
> the 13 nights. If there is any other information you require please let me
> know.
>
> Thank you '

 

[Schmeck]

You did do that part about faxing back the Rental Contract, right? How about the balance due date - that seems to be the same date as your first deposit? Was that a mistake, and somehow your reservation was cancelled because of that?

According to what you've shown us, it looks like this was a preliminary contract, not a done deal - but if you faxed in like they asked, and the date is wrong at the bottom, then they owe you a refund and compensation for your airline tickets or an equal property for your stay.

 

[BETTYDISNEY]

You did do that part about faxing back the Rental Contract, right? How about the balance due date - that seems to be the same date as your first deposit? Was that a mistake, and somehow your reservation was cancelled because of that?

According to what you've shown us, it looks like this was a preliminary contract, not a done deal - but if you faxed in like they asked, and the date is wrong at the bottom, then they owe you a refund and compensation for your airline tickets or an equal property for your stay.

Yes, I did everthing asked to do even sent dhl express to them. The date at the bottom was a mistake she said final payment was due on 11/26/2008. They cashed my deposit check shortly after. I just received notice fromthem on 9/6/2008. My confirmation was confirmed on 8/11/2008 as you see on the receipt and they applied my deposit to the receipt.

 

[Schmeck]

Then you should get some kind of compensation - whatever it costs you to either find another place to stay (the difference in costs would be a good one to ask for) or the loss of money if you decide to cancel your trip (thinking airline tix). You'll have to probably keep calling them and bugging them about it, and you might have to get a regulatory agency invlved as well, or the local BBB.

 

[SueM in MN]

Then you should get some kind of compensation - whatever it costs you to either find another place to stay (the difference in costs would be a good one to ask for) or the loss of money if you decide to cancel your trip (thinking airline tix). You'll have to probably keep calling them and bugging them about it, and you might have to get a regulatory agency invlved as well, or the local BBB.

You might also try the Florida Attorney General's office. At least in Minnesota, they do have some ability to get involved in contracts for services like this.
And google "disability law", there should be a center in your state and also in Florida that might be able to help you for free.

I'd suggest holding onto the cancelled check, any confirmation from dhl that shows they received the stuff you sent. I know you said you sent the information they asked for, did you also fax it as the confirmation said to do. If so, do you have anything that shows you faxed it (a file you can save from your computer, a receipt from the place you faxed it from?)
Did they send any further confirmation after receiving your check?

 

[BETTYDISNEY]

You might also try the Florida Attorney General's office. At least in Minnesota, they do have some ability to get involved in contracts for services like this.
And google "disability law", there should be a center in your state and also in Florida that might be able to help you for free.

I'd suggest holding onto the cancelled check, any confirmation from dhl that shows they received the stuff you sent. I know you said you sent the information they asked for, did you also fax it as the confirmation said to do. If so, do you have anything that shows you faxed it (a file you can save from your computer, a receipt from the place you faxed it from?)
Did they send any further confirmation after receiving your check?

Thanks Sue !

I do have copy of check and dhl receipt. Now I have been told she had a car accident over this past weekend and would not be back to Monday

Then you should get some kind of compensation - whatever it costs you to either find another place to stay (the difference in costs would be a good one to ask for) or the loss of money if you decide to cancel your trip (thinking airline tix). You'll have to probably keep calling them and bugging them about it, and you might have to get a regulatory agency invlved as well, or the local BBB.

Thanks Schmeck !

I really appreciate your insight and I think I will try to find out about a Disney resort, with a roll in shower, we will have to get 2 rooms. I don't see them paying for us to stay in a Disney Villa type home w/ 2-3 bedroom and roll in shower, even though they should because that s what we had rented from them.

I thought I would post the email I rfeceived from her letting me know:

Dear Betty,

Unfortunately, the owner of the home that you have booked has accepted another booking prior to your reservation and had forgot to let us know about it. I have been hunting and hunting for substitute homes for you and have found a couple that are up to standards. I went through the frustration that I’m sure you do when looking for something that is ACTUALLY “Handicap Accessible” and found TRUE ones. Also, your dates might need to be rearranged a bit. I feel horrible about this considering what a nice review you wrote about us!

Let me know what you think !

 

[mechurchlady]

Be prepared for war but also be prepared for kindness. The home is owned by a person who contracts it out. The address I saw was in the UK. It is very possible that the owner did leave you and the management company holding contracts and not informed. Maybe the management company will do the right thing and find you a home for those days or near those days.

It would be much better for you to be in a rental home and worth the extra cost of airfare. I do better with my home cooking than at parks. Try working with them on getting another home but do be prepared for a war in case they cannot help you. Personally I believe that the management company did not get told by the owner that the home was rented out. Also the owner may have decided to lie to get out of the contract or something else.

The site even shows that only certain weeks are booked and not the times you have chosen, very interesting.

Chin up and at least you are going but it may not be as you planned. Just remember that being disabled means learning to fight and never giving up as well as adapting and making things work .

 

[BETTYDISNEY]

Be prepared for war but also be prepared for kindness. The home is owned by a person who contracts it out. The address I saw was in the UK. It is very possible that the owner did leave you and the management company holding contracts and not informed. Maybe the management company will do the right thing and find you a home for those days or near those days.

It would be much better for you to be in a rental home and worth the extra cost of airfare. I do better with my home cooking than at parks. Try working with them on getting another home but do be prepared for a war in case they cannot help you. Personally I believe that the management company did not get told by the owner that the home was rented out. Also the owner may have decided to lie to get out of the contract or something else.

The site even shows that only certain weeks are booked and not the times you have chosen, very interesting.

Chin up and at least you are going but it may not be as you planned. Just remember that being disabled means learning to fight and never giving up as well as adapting and making things work .

Thanks Laurie !

I think you are right about the owner lying, that is what my DH said that he p-robably rented it out for a higher price. When they received my deposit they blocked out the dates. I will post as soon as I get in touch w/ her hopefully Monday. I was thinking I should have a quote from Disney as to the cost to accomadate all 5 of us ready for her. What do you guys think?


to all who have taken their time to give me support and encouragement.

 

[BETTYDISNEY]

I finally heard from the rental agent today ! She emailed me to inform me of the fact that she mailed my deposit back today. I answered her back w/ a rental quote from Disney on a vacation villa (w/ rollin shower, laundry & kitchen) for the time I had the contract w/ her minus what I would have paid her for the house. We will see if she responds !

 

[BETTYDISNEY]

well guys it has been 12 days since the agent told me she was sending my deposit and no check yet. I think I will have to take action on Monday, this is really getting frustrating. I just dont know which way to approach this at this point.

 

[mechurchlady]

She has a business and contracts to fulfill. It is her obligation to keep her clients informed. If someone complained two weeks ago I would have been in constant communications with my client. You definitely have to get legal advice and sue her. Do not yield to her sympathy requests which she might use. Dont let her keep stalling you. Each day the odds of getting a home let alone a disabled room at the parks diminishes so she now has reduced the odds too much. Chin up and have faith. hugs laurie

 

[BETTYDISNEY]

Well finally spoke w/ agent today and she told me that check was mailed on 9/16. I told her had not received it she then told me she cannot control post office. I told her no, but you should have sent it dhl or something like I did. She then told me we did not have a contract so they are not liable. Next step is to discuss w/ lawyer. I also plan to contact the Diz-abled website whose is the author of "Disney with Disabilities", which I am friendly with and let him know what has happened. I was supposed to report back to him on my dealings w/ this company since they had accesible villa.

I justy wanted all to know what has happened w/ this company. I am also going to post a link to the accomodations board so people can also learn from my experiece.

 

[mechurchlady]

What nerve of her saying you two did not have a contract. It depends on the location's laws but here is what I believe to be true. A contract is a mutual agreement between two or more entities. Entities can be a person, club, business, or church for example. In most cases said contract can be oral, online or on real paper.

Did you agree on a set of facts such as date and payment? Yes
Did you fulfill your end of said agreement such as filling out a form and making payments? Yes
Did the other entity protest, complain or in any way say they wanted to stop the agreement? No
Did the other entity receive the funds and forms of the agreement? If so did they make any notes on the forms, checks etc, immediately contact you saying they wanted to renege on the agreement. Nope.

In your case they got a form and the funds which indicates there was an agreement thus a contract. They did not write on the check anything to say there was a change in the agreement. They definitely had an agreement and owe you a refund and maybe legal fees depending on the course of action and state that the lawsuit is filed.

 

[MickeyMomOfThree]

I would suggest that if you ever do get a refund check that you don't cash it. I am not a lawyer, but talk to one first. Cashing it may equate to accepting a deal.
I'm sorry this happened. The AllStars are great (we stay there every trip) but they are not equal to a home with a private pool with a lift which is what this family booked and paid a deposit for---where I come from, that's called a reservation!

 

[Drew's mom]

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0672/SEC204.HTM&Title=->2008->Ch0672->Section%20204#0672.204


http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0672/SEC207.HTM&Title=->2008->Ch0672->Section%20207#0672.207



http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0672/SEC209.HTM&Title=->2008->Ch0672->Section%20209#0672.209

 

[BETTYDISNEY]

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0672/SEC204.HTM&Title=->2008->Ch0672->Section%20204#0672.204


http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0672/SEC207.HTM&Title=->2008->Ch0672->Section%20207#0672.207



http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0672/SEC209.HTM&Title=->2008->Ch0672->Section%20209#0672.209

Thank-you fpr your websites. They are going to be very useful. Here is a link to another thread that I startedin The accomadation board so a broader audience could view it. There are alot of interesting responses there.

http://www.disboards.com/showthread.php?t=1968756