I'm in my seventies and I just, tonight, singed a 6 thousand dollar
travell contract for ann ual vacations, with a travel agency. It was
high pressure, that we couldn't get the best package ulness we signed
up on the spot. When we got home and calculated the entire package, it
is no deal.
Is there a time limit on such contracts ? Or what can I do to get out
of the contract?
Thanks,
Bill
John A. Weeks III
05-24-2004, 04:13 PM
In article <9dpua0t3a81bl2lm9eo1su0nc6n70m7qiq@4ax.com>, Bill
<nemesis7@mindspring.com> wrote:
I'm in my seventies and I just, tonight, singed a 6 thousand dollar travell contract for ann ual vacations, with a travel agency. It was high pressure, that we couldn't get the best package ulness we signed up on the spot. When we got home and calculated the entire package, it is no deal. Is there a time limit on such contracts ? Or what can I do to get out of the contract?
In most cases, you have three days to cancel the contract. There
are rules and limitations. In addition, you have to do it just
right, in writing, and possibly in person. If you have a family
lawyer, call that attorney right now and ask for help. Otherwise,
get on the Internet and find out what the laws are in your state,
and follow the proper procedure.
-john-
--
================================================== ==================
John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
================================================== ==================
William Prien
05-24-2004, 04:14 PM
Bill <nemesis7@mindspring.com> wrote in message
news:<9dpua0t3a81bl2lm9eo1su0nc6n70m7qiq@4ax.com>... I'm in my seventies and I just, tonight, singed a 6 thousand dollar travell contract for ann ual vacations, with a travel agency. It was high pressure, that we couldn't get the best package ulness we signed up on the spot. When we got home and calculated the entire package, it is no deal. Is there a time limit on such contracts ? Or what can I do to get out of the contract? Thanks, Bill
Bill, I think you need to give us some more information. Exactly what
kind of "contract" did you sign? Was it a contract to buy a vacation
package every year, or a timeshare of a specific property every year?
How much money did you pay up front? I am a former travel agent, and
have never heard of anything like that except for a time share. Let us
know more.
William
wprien@yahoo.com
Gerald Clough
05-24-2004, 04:14 PM
Bill wrote:
I'm in my seventies and I just, tonight, singed a 6 thousand dollar travell contract for ann ual vacations, with a travel agency. It was high pressure, that we couldn't get the best package ulness we signed up on the spot. When we got home and calculated the entire package, it is no deal. Is there a time limit on such contracts ? Or what can I do to get out of the contract?
Check Monday with your state's consumer affairs authority. You may well
have a remorse period during which you can cleanly withdraw. Do it
exactly as they tell you to do it. They may even have a form or language
for withdrawing. Your attorney general's office can direct you.
--
Gerald Clough
"Nothing has any value, unless you know you can give it up."
Paul Cassel
05-24-2004, 04:14 PM
Bill wrote:
[signed a travel deal that was no deal] Is there a time limit on such contracts ? Or what can I do to get out of the contract?
Many states and localities have a mandatory 3 day 'cooling off' period
during which you can cancel such sales without any penalty. You need to
detemine if such a regulation exists in your locale and if it applies to
your sale. My guess is that the odds favor you being able to get out of this
deal, but you must act fast.
Many locales have free legal aid to old people like you. Check with your
state bar (or old person's center) to see if it can direct you. If you need
to consult with a lawyer do so. The worst you'll be out is a few hundred
rather than the thousands you're facing for these vacations. Remember, you
do NOT need a lawyer to get your money back. You only need one to advise you
if such recision laws exist in your area and what you must do to get your
contract cancelled. If you hire an attorney to do the whole thing, it'll
probably save you money over the contracted amount, but it can get
expensive.
If such laws do not exist in your area and still want out, you may need that
lawyer. Below is a link relevant to your subject as its handled in OK. I
choose OK at random.
http://www.okla-law.com/faqs/contract.html
-paul
ianal
Chris Johnson
05-24-2004, 04:15 PM
Bill <nemesis7@mindspring.com> wrote in message
news:<9dpua0t3a81bl2lm9eo1su0nc6n70m7qiq@4ax.com>... I'm in my seventies and I just, tonight, singed a 6 thousand dollar travell contract for ann ual vacations, with a travel agency. It was high pressure, that we couldn't get the best package ulness we signed up on the spot. When we got home and calculated the entire package, it is no deal. Is there a time limit on such contracts ? Or what can I do to get out of the contract?
In many cases, these contracts can be rescinded if it is done within a
week or less. Also, have you paid any money yet for this? If not, it
should be relatively easy to get out of. For starters, file a
complaint with the Better Business Bureau. If the company is a member
of the local BBB they will have to submit to a formal arbitration and
hopefully a relatively quick and painless settlement can be worked
out.
If any money was charged to your credit card for this, tell the card
company you are disputing the charge and not to pay the company.
Try going back to the company and tell them you do not think this was
a fair arrangement, sales pressure was high and you were taken
advantage of. But they probably won't be very helpful.
All else fails, hire an attorney and have them draft a letter
detailing the problems with this contact. This will get the company's
attention at the very least and should be relatively inexpensive.
Good luck.
---Chris J.
Disclaimer: No attorney-client relationship exists and posting is in
the matter of general legal advice only. Persons are advised to
consult their own attorney.
Arthur L. Rubin
05-27-2004, 05:09 AM
Bill wrote: I'm in my seventies and I just, tonight, singed a 6 thousand dollar travell contract for ann ual vacations, with a travel agency. It was high pressure, that we couldn't get the best package ulness we signed up on the spot. When we got home and calculated the entire package, it is no deal. Is there a time limit on such contracts ? Or what can I do to get out of the contract?
I'm afraid I disagree with the other posters. Although there is
often a State-mandated 3-day (and whether it's calander day or
business day depends on the state) cooling off period, a contract
signed at the seller's (or service provider's) regular place of
business is often exempt.
You can try your State's consumer affairs authority, but, if
there IS a cooling off period, the information about it will
almost certainly be in the forms your have.
You also almost certainly won't see this until after the
State-mandated "remorse" period is over.
--
This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.
Christopher Green
05-30-2004, 10:53 AM
"Arthur L. Rubin" <ronnirubin@sprintmail.com> wrote in message
news:<ogmbb05ch9vl927pufdppujo2hc9t0feat@4ax.com>... Bill wrote: I'm in my seventies and I just, tonight, singed a 6 thousand dollar travell contract for ann ual vacations, with a travel agency. It was high pressure, that we couldn't get the best package ulness we signed up on the spot. When we got home and calculated the entire package, it is no deal. Is there a time limit on such contracts ? Or what can I do to get out of the contract? I'm afraid I disagree with the other posters. Although there is often a State-mandated 3-day (and whether it's calander day or business day depends on the state) cooling off period, a contract signed at the seller's (or service provider's) regular place of business is often exempt.
You're right about that, there's no such general cooling-off period
rule, except for the common ones such as sales away from the seller's
place of business.
But the OP's state is Florida, which has specific law on cancellation,
and disclosure of the right to cancel, prepaid travel arrangements
(which the state denominates "vacation certificates").
Because the state is Florida, the OP probably has a 30-day right to
cancel, and the state's Division of Consumer Affairs also has a duty
to pursue a complaint against the travel agent for multiple violations
of the Sellers of Travel Act.
--
Not a lawyer,
Chris Green
Stuart Bronstein
05-30-2004, 10:53 AM
Arthur L. Rubin wrote: Bill wrote:I'm in my seventies and I just, tonight, singed a 6 thousand dollartravell contract for ann ual vacations, with a travel agency. It washigh pressure, that we couldn't get the best package ulness we signedup on the spot. When we got home and calculated the entire package, itis no deal.Is there a time limit on such contracts ? Or what can I do to get outof the contract? I'm afraid I disagree with the other posters. Although there is often a State-mandated 3-day (and whether it's calander day or business day depends on the state) cooling off period, a contract signed at the seller's (or service provider's) regular place of business is often exempt.
That's correct as far as I'm aware - at least in California only home
solicitation contracts and some others that are specified (e.g. gym
memberships, dance lessons) have a cooling off period.
On the other hand, if they told you the contract was a great deal and
it turned out not to be, you may have grounds to rescind based on
misrepresentation.
Stu
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