CHEATING BY VIOLATION OF TIME SHARE AGREEMENT
Complain ID : JGJN017763 39
Sir,
We bought fixed week vacation timeshare membership of Sterling resorts for Mussoorie ( vide member ship no 4779A, week 26 ,season/ white ) in year 1992 and Sterling resorts Goa vagator
( membership no 9007A,week 51, High season/ purple ) in year 1993.As per the agreement we are entitled for one week
(7 days) holiday every year for 99 years commencing from year 1994 till 2092 . The agreement also provides for an accommodation with a kitchenette and also permits exchange, sale, renting, gifting, accumulating , splitting and floating of the time share week.Exchange being subject to availability. We had invested our hard earned money in the time shares of sterling 25 years ago essentially to insure an inflation proof holiday for 99 years for our family and old parents.
Sterling illegally oversold their fixed time share weeks in most resorts( almost by 200-300% than its capacity). The numbers of time share members ( new and old) far exceeds the total capacity in individual resorts as well as in all resorts put together. Sterling continues to add new members at much higher prices without adding much to its inventory of rooms.
Sterling has recently been bought by thomas cook a tour and travel company thereby creating a conflict of interest.
The focus of Sterling now is to sell time share schemes to new members and to sell rooms in the resorts as guest rooms through online / travel agents to non members and one time customers/ walk ins at High prices.Sterling is thus using all methods to discourage and discriminate against its old vacation time share members particularly 99 years vacation time share members to avail their holiday entitlements.The Modus operandi adopted is as follows:
1.Withdrawing facility of A wet kitchenette ( hot plate, rolling pin,steam cooker , few basic utensils) was earlier provided for 20 years as per agreement.Now sterling has replaced its wet kitchenette with a dry kitchenette( microwave & few dishes) citing fire hazard thereby causing immense problems for all members in general and for strict vegetarians like us in particular.
We are a jain vegetarian family and 85 year old parents do not eat restaurant food.We cannot go on holidays because we cannot take our old parents with us .to promote their expensive restaurants.
2.Sterling is selling vacation rooms to outsiders , non members and walk ins through travel agents and on line but and denying them to members under exchange .Although exchange is subject to availability but it has been found that reservation is denied to accommodate non members .Their reservation system is opaque and secretive so that they can deny the members their due.
3.As per clause 14 of the agreement one can sell, rent, gift his week to anyone through a simple authorisation in writing but Sterling in order to discourage members have started levying guest charges in violation of agreement .
4. Sterling has started charging for early checkout/ part utilization and for gifting holidays to non members.This is again a restrictive in nature .
5.Sterling is discouraging resale of membership by imposing high transfer fees with new and harsh conditions on new buyers.This they are doing in order to sell memberships to new gullible buyers at exhorbitant prices.
6.Sterling has sold its property in Goa Vagator without intimating members let alone taking permission from them and in total voilation of trust.I bought a fixed week Sterling time share( week 51) in Sterling Goa vagator specifically because of its location and proximity to the beach. In lieu of vagator ,Sterling is now offering properties in Goa which are located far far away from the beach and hence a let down.We do not like these new properties and hence would like to seek a compensation from Sterling for this violation.We demand compensation must be provided at the current replacement rates for the next 75 years
8.Sterling requires a long 2-3 months notice period to book reservation in a resort even for our own week in the same resort which is again a restrictive practice.
9.Sterling has oversold its time shares many times and discourages members to take long full week holidays.Sterling is cheating members of their rightful entitlements by indulging in restrictive trade practice.It is unfortunate that sterling continues to indulge in unfair trade practices despite MRTP ruling against them.
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