DO NOT MAKE THE SAME MISTAKE YOU MADE IN
THE FIRST PLACE, WHEN YOU FAILED TO READ THAT
MEMBERSHIP AGREEMENT UNTIL AFTER YOU SIGNED IT.
THEREFORE, READ THIS ARTICLE IN ITS ENTIRETY
THEN, IF YOU CHOOSE TO DO SO
FOLLOW THE PROVEN STEP-BY-STEP PROCEDURES
IF YOU REQUIRE INDIVIDUAL ASSISTANCE, YOU MAY CONTACT ONE OF THE BOYCOTT SUNDANCE VACATIONS FACEBOOK PAGE ADMINISTRATORS THROUGH ONE OF THE LINKS BELOW
HOW TO CANCEL A SUNDANCE VACATIONS MEMBERSHIP
When You Feel You Have Grounds to Do So
If you're viewing this article, you've probably already been subjected to a 'high-pressure' sales presentation by Sundance Vacations. As a result, you now have an expensive vacation membership contract with them. And, you've found it doesn't match your needs, like you may have been led to believe during the sales presentation. You probably now wish that you had never signed that "agreement". If so, there is hope! But keep in mind, that they will attempt to convince you to keep the membership; just as they talked you into purchasing it! Also, Sundance Vacations may SAY you cannot cancel, by referring to their no cancellation clause, BUT THAT'S JUST NOT TRUE (HOW TO CANCEL A SUNDANCE VACATIONS MEMBERSHIP
When You Feel You Have Grounds to Do So
No matter what THEY say, you are protected by the Federal Cooling-Off Rule. If after reading this information you'd like additional assistance, please contact one of the page administrators at Boycott Sundance Vacations. Be advised that Sundance Vacations' is aware of this article. Also, Sundance Vacations apparently would like to remove the information you're about to read (and anything else that's negative about their company) from the internet. Please note this recent (10/2014) article from the Philadelphia Sunday Inquirer for more details (it's a .pdf file).
By the way, according to the following conversation posted on YouTube, Sundance Vacations agrees that you CAN cancel your contract.
"ABSOLUTELY SHOCKING!!!!! Sundance Vacations Blackmails Unhappy Client Into Giving Up First Amendment Rights to Freedom of Speech!!!"
'The self-explanatory, approximately 9 minute recording here contains the entire dialogue between a Sundance Vacations employee, and a client. There were, however, four periods of which the consumer was put on 'hold'. The first period was approximately 1 minute, the second period was approximately 4 minutes, the third was approximately 3 minutes, and the last hold period was approximately 1 minute, for a total of 9 minutes of “dead” air time. Those 9 minutes were redacted. The entire tape is 18.40 minutes in length.'
HOW CAN YOU CANCEL, IF YOU FEEL YOU HAVE JUST CAUSE?
STEP-BY-STEP CANCELLATION INSTRUCTIONS THAT HAVE HELPED OTHERS
(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, you may need to 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 ensure 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 (the FTC suggests "certified mail"), email or send a fax to Sundance Vacations. Inform them of your intent to cancel your membership, and receive a full refund for any monies previously paid to Sundance Vacations and/or Tri-State Financial. It's best not to telephone them, so as to prevent any misunderstandings. Also, calling will not provide you (and them) with a record of your actions. A telephone conversation will not provide proof of your attempt to cancel your agreement within the legally established time-frame. The FTC also adds, "You do not have to give a reason for canceling your purchase. You have a right to change your mind." 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 below.
Sundance may reply that you that you signed a "binding contract" that cannot be cancelled (
Required of ALL members of the ARDA (of which Sundance Vacations was considered a "Member in Good Standing" from January 2010 - October 2014) are (taken directly from the actual Ethics Code):
III. Ethics Requirements
A. General Ethics Standards
7. Rescission
7. Rescission. The Member shall provide rescission rights to consumers upon the sale of any Vacation interest, excluding a membership in an Exchange Program, through an affirmative written disclosure at the time of execution of a purchase and sale contract, and the Member shall promptly honor all proper and timely exercise of rescission rights by a consumer.
a. The disclosure shall provide in clear and conspicuous written terms:
(1) That rescission rights exist;
(2) That the funds will be returned upon rescission;
(3) If applicable law does not provide for any rescission right, the rescission period shall be not less than three (3) calendar days following the date on which the purchaser signs the purchase contract and receives a copy of the public offering statement or other offering document describing the timeshare
plan offering; and
(4) A clear and accurate statement of the procedures by which such rescission rights are exercised.
b. Rescission rights may not be waived.
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 District of Columbia, has it's own Consumer Protection Procedures Act (DC Code § 28-3904). Notice, in particular, items (e) and (f) "It shall be a violation of this chapter, whether or not any consumer is in fact misled, deceived or damaged thereby, for any person to: (e) misrepresent as to a material fact which has a tendency to mislead; (f) fail to state a material fact if such failure tends to mislead;".
Furthermore, if there were material misrepresentations made to you during the sales pitch, then 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!
What is the ARDA's position on misleading, deceptive or false statements "made in connection with member activities"? Please note the following, which again is taken directly from the ARDA's Ethics Code:
III. Ethics Requirements
A. General Ethics Standards
8. Avoidance of False and Deceptive Statements
8. Avoidance of False and Deceptive Statements. Statements made by the Member in connection with Member Activity shall not:
a. Convey false, untrue, deceptive, or misleading information through any means; or
b. Omit material information without which the information provided would be rendered deceptive or misleading.
Isn't it interesting than Sundance Vacations is no longer a member of the ARDA?
Isn't it interesting than Sundance Vacations is no longer a member of the ARDA?
Sundance Vacations, Inc - Corporate Office
John Dowd, President
John Dowd, President
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: NCS@vacmail.com (New Client Services)
Email: elizabeth@vacmail.com = Client Services
E-mail: NCS@vacmail.com (New Client Services)
Email: elizabeth@vacmail.com = Client Services
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. Stop, and remember why you have decided to cancel the agreement. Clearly explain to them any misrepresentations that may have been told made to you, and why you are insisting on a complete cancellation. It deserves repeating, that any agreement that is entered into 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 one. Therefore, you are entitled to a full refund of any/and all monies paid to Sundance Vacations/Tri-State Financial, less weeks that you might have used. If you have decided to cancel, 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 there is no "loan". 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 make the consumer think that they have an outstanding “loan” with Tri-State Financial when, in fact, no such loan exists! Tri-State Financial is part and parcel with Sundance Vacations; they share they same physical address!
So, 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. If Tri-State can’t produce proof of payment on your behalf to Sundance Vacations, then there is no “loan,” is there?
Remember as you saw above, that the clause in the membership agreement stating that it cannot be cancelled violates Federal and State laws as was cited above! Anyone can see that, by looking at the above referenced information. It's THEIR agreement, and THEIR wording. Just because THEIR agreement says it cannot be cancelled, 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."
In addition, any agreement can be cancelled if both parties agree to cancel the agreement. But Sundance Vacations doesn't want to do that. They want to keep your hard earned money for a product/service that’s true cost to use was likely not fully explained to you; and will probably end up costing you more than you were lead to believe it would. Now, what other customer oriented business does that?
You might also want to file a complaint online, to the Attorney Generals Office of Consumer Protection in the state which you made the Sundance Vacations membership purchase. Doing so, ensures that Sundance Vacations will respond to your concerns in a manner acceptable to you. Those website links are available below.
Lastly, were you on the federal Do-Not-Call list when Sundance Vacations called you? Then they were NOT authorized to call you in the first place. Sweepstakes entry forms do NOT waive the consumer’s privacy rights under the DNC Regulations, as clearly detailed by the FTC. See: Sundance Vacations Defies The FTC! Consequently, you should file an on-line complaint with the Federal Trade Commission (FTC) as well, at the following website: FTC on-line Do-Not-Call Complaint Form.
