Upgrade option refused to be honoured

Hi everyone,

I've recently purchased at Planet Hollywood Towers by Westgate in Las Vegas. I have purchased a 2 bedroom unit every other year.

The option to upgrade letter that Westgates gave me states that the upgrade is to a 4 bedroom every year instead of 2 bedroom every year.

I thought it was too good to be true and when I enquired about upgrading the New Owner Relations department confirmed that the upgrade is for a 4 bedroom unit.

I then tried to exercise the upgrade option and that's when the alarm bells starting ringing at the telesales department.

They state that there has been a script error and therefore Westgates will not honour the upgrade because it says that the option is upon availability. I accept that mistakes can be made but the customer service department still quote that the upgrade is for a 4 bedroom unit. Everytime I phone Westgates I get put through to a different adviser that, although not everytime, is usually uncompetent.

I'm just wondering if anyone has any advice or experience of mistakes like this. Do Westgates have any legal obligations to honour this paperwork and are they just trying to persuade me that they don't have to give me the 4 bedroom due to their mistake.

Thanks in advance for any help

Stephen Connor

Stephen Connor has asked, quoited only in pertinent part:

Re: >> The option to upgrade letter that Westgates gave me states that the upgrade is to a 4 bedroom every year instead of 2 bedroom every year. I thought it was too good to be true....<<

It is, and accordingly is quite obviously an error. Few facilities even HAVE 4Br units, let alone enough to just give access to them away, completely unsolicited. It was clearly a mistake which any court anywhere would call "innocent and harmless error". ======================================

Re: >> They state that there has been a script error and therefore Westgates will not honour the upgrade because it says that the option is upon availability. I accept that mistakes can be made... <<

...and one was very obviously made here. Let it go. ======================================

Re: >> I'm just wondering if anyone has any advice or experience of mistakes like this. Do Westgates have any legal obligations to honour this paperwork and are they just trying to persuade me that they don't have to give me the 4 bedroom due to their mistake. <<

Neither Westgate nor anyone else has any obligation to honor such an obvious and inadvertent error --- one for which they have apparently never either asked nor received any form of compensation whatsoever. Straightforward and simple --- case closed. If there had been compensation of any kind either requested or received, it might (and even then ONLY MIGHT) be a different story. This is true whether or not they ever manage to convince you otherwise. I don't mean to be blunt here, but you have no case. It's up to you to decide whether you wish to invest the time and/or energy to pursue a clearly "lost cause", but my own advice (....since you've openly asked for some) is not to even bother. It's an uphill battle --- and one which you you will certainly lose. Not giving you "something for nothing", offered in obvious error in the first place, is simply NOT actionable (unless you just want to harass and ultimately lose anyhow). The error was obvious and inadvertent and apparently resulted in no form of harm, either financial or otherwise, to anyone.

Sorry.....I know this is not the answer that you want to hear, but I do believe that it is most assuredly correct. And no -- I have no affiliation of any kind with Westgate.

stephenc107 wrote:

I'm just wondering if anyone has any advice or experience of mistakes like this. Do Westgates have any legal obligations to honour this paperwork and are they just trying to persuade me that they don't have to give me the 4 bedroom due to their mistake.Thanks in advance for any help Stephen Connor

Yes, if it's in your written contract they will be FORCED to honor it. If it was merely a verbal statement made by a timeshare salesperson, then it's your word against theirs and can't be verified as the truth.

That's why it's always SO IMPORTANT to read your contract time and time again and verify everthing that's been promised you is included in your written contract.

BTW, I didn't think the new Planet Hollywood had been built yet, that it's in the preconstruction stage.

Westgate has one of the worst reputations in timesharing due to their manipulative hard sales pitches.

stephenc107 stated, quoted only in pertinent part:

>> The option to upgrade letter that Westgates gave me states that the upgrade is to a 4 bedroom every year instead of 2 bedroom every year.<< ======================================

My previous response to your inquiry presumed that this "upgrade letter" was sent to you SEPERATELY and AFTER your purchase contract was executed. If that assumption was correct, I stand solidly behind each and every word I offered in response to your inquiry.

However, the response offered by another poster makes a valid point **IF** (and ONLY if) this letter was actually presented to you as an integral part of (i.e., simultaneous with) the execution and signature of your purchase contract. If that was the case (I didn't get that sense from your post, but my assumption on the timing could well have been mistaken), then this "muddies up" the issue considerably regarding the enforceability of that letter.

So.....please clarify. Did you get this "upgrade letter" in the mail AFTER purchase, (as I had originally assumed) or was it actually presented to you, in hand, as an integral part of (i.e., at the same time as) the contract execution (and signature) process???

The distinction may well be critically important here........

stephenc107 wrote:

I've recently purchased at Planet Hollywood Towers by Westgate in Las Vegas. I have purchased a 2 bedroom unit every other year.

The option to upgrade letter that Westgates gave me states that the upgrade is to a 4 bedroom every year instead of 2 bedroom every year.

I thought it was too good to be true and when I enquired about upgrading the New Owner Relations department confirmed that the upgrade is for a 4 bedroom unit.

While re-reading your post, there are some things I don't understand. If you purchased an every other year timeshare, how can they upgrade you to an every year.

Normally when one buys an EOY (every other year) that's what they get and I've never heard of anyone buying a 2 bedroom timeshare and given the choice to upgrade to a 4 bedroom unless paying a lot more money for that 4 bedroom.

Please re-explain as it seems something is missing here.

The timeshare I have bought is 2 bedroom EOY and it was agreed at the time I would have an uption to upgrade to Every Year. I believe Westgate meant 2 bedroom Every Year.

The upgrade option was presented to me when I signed the contract. This is where the mistake was made as I think they should have given me a document stating I could upgrade to 2 bedroom every year, not 4 bedroom as stated. The upgrade option is a pre-printed document that my details were added to.

I did think it was a mistake on Westgate's part to give me the wrong upgrade paperwork but Westgate owners department stated when I phoned them that the upgrade option is a 4 bedroom every year.

I realise that mistakes are made and this may be a genuine error but the dreadful customer service I have been receiving from Westgate has totally put me off the company and timeshares in general.

I do keep getting the impression by the way that the upgrade department speak to me that I might have a case in forcing Westgate to honour the agreement as they are very defensive and keep trying to get me to upgrade to a 2 bed unit.

To be perfectly honest the whole situation and the way the Westgates have treated me had made me regret buying the timeshare. I especially regret buying the timeshare after looking at this website and finding out how much timeshares can be bought for.

Thanks for your replies Stephen

stephenc107 wrote:

The timeshare I have bought is 2 bedroom EOY and it was agreed at the time I would have an uption to upgrade to Every Year. I believe Westgate meant 2 bedroom Every Year.

The upgrade option was presented to me when I signed the contract. This is where the mistake was made as I think they should have given me a document stating I could upgrade to 2 bedroom every year, not 4 bedroom as stated. The upgrade option is a pre-printed document that my details were added to.

I did think it was a mistake on Westgate's part to give me the wrong upgrade paperwork but Westgate owners department stated when I phoned them that the upgrade option is a 4 bedroom every year.

I realise that mistakes are made and this may be a genuine error but the dreadful customer service I have been receiving from Westgate has totally put me off the company and timeshares in general.

I do keep getting the impression by the way that the upgrade department speak to me that I might have a case in forcing Westgate to honour the agreement as they are very defensive and keep trying to get me to upgrade to a 2 bed unit.

To be perfectly honest the whole situation and the way the Westgates have treated me had made me regret buying the timeshare. I especially regret buying the timeshare after looking at this website and finding out how much timeshares can be bought for.

Thanks for your replies Stephen

Like jayjay, I too am now puzzled about the "upgrade" details here. It's not clear to me whether the "upgrade" you were offered (or want) was: -- EOY to annual? (2X usage would have had a cost) -- Unit size change? (you bought 2Br anyhow, yes?) -- Both of the above? -- Cost identified to upgrade? (likely not "FREE") -- Upgrade letter "incorporated by reference" within the contract? -- Precise definition of "recent" in regard to purchase? (you may or may not still be within the contract rescission period allowed by applicable state law).

Your frustration and regret is evident and justifiable, but don't let your frustration prevail over seeking definitive resolution, one way or another. You MAY actually have a shot at contract revocation and invalidation **IF** you have something in writing which is **incorporated by reference within the contract document bearing your signature**, but now being reneged on by Westgate. That might well be grounds to invalidate the "breached" contract, if that's what you want, but you would likely need legal representation to pursue that avenue (and no, I'm neither offering nor available).

If, however, the upgrade letter is just a separate, loose piece of paper which is NOT incorporated by specific reference anywhere within the contract document itself, Westgate will simply fall back (and likely successfully) on an "innocent error" position.

It's your call, but once again I suggest that you don't let your frustration and dismay deter you from getting a definitive resolution here, one way or another.

ken1193 wrote:

Your frustration and regret is evident and justifiable, but don't let your frustration prevail over seeking definitive resolution, one way or another. You MAY actually have a shot at contract revocation and invalidation **IF** you have something in writing which is **incorporated by reference within the contract document bearing your signature**, but now being reneged on by Westgate. That might well be grounds to invalidate the contract, if that's what you want, but you would likely need legal representation to pursue that avenue (and no, I'm neither offering nor available).

Ken is absolutely correct above. If there is something promised you in your written contract that Westgate is now trying to renege on, then you more than likely have the option to rescind this entire contract. I don't know when you bought, but you do have the right to rescind within a certain period of time after purchasing (usually 7-10 days .... called the cooling off period), but in this case you may be able to rescind after the rescission period has passed as it seems Westgate is trying to renege on certain areas.

I hate to think of what you paid for your Planet Hollywood timeshare from Westgate.

Ken and jayjay,

Firstly thanks for your quick responses.

I bought on 23rd July, so i'm now well past the cool off period.

The upgrade was from EOY to annual(for a fee) and should have stated 2 bedroom like the original purchase according to Westgates. The paperwork was loose and not within the contract but still has been signed by the resort manager and has my account details annotated on it. The problem with the upgrade notice is that it says the offer is subject to availablility and even though there are units available they aren't available at the price on my paperwork.

The big gripe I have is that everytime I phone the owner relations department they still say that I can upgrade to a 4 bedroom annual. The telesales department knew there was an error straight away but haven't bothered to change any of the details on my file, which makes me very suspicious.

jayjay, you're right to "hate to think" what I have paid and to be honest the is a big reason on me now wanting to cancel the whole thing. I am taking advice from several sources in the UK on how to cancel this agreement without any negative effects on my credit rating.

By the sounds of things there is nothing I can do but now I'm looking at ways to cancel the agreement.

If Westgates hadn't made this mistake I would have been happy with my purchase but the poor customer service that I've received has made me think twice about spending such a large sum.

Thanks again for you help

Stephen

stephenc107 states, quoted only in pertinent part:

>> I am taking advice from several sources in the UK on how to cancel this agreement without any negative effects on my credit rating. << =======================================

I did not realize before now that you are in the UK. With that in mind, the one closing suggestion I'll make is that if you are seeking legal advice in the UK, please be sure that the advice comes from someone knowledgeable about U.S. law, and U.S. contract law in particular. Remember, you don't just have an "agreement", which is a rather informal matter. You have a legally binding CONTRACT. Quite different. Bad legal advice could prove to be be worse for you than no advice at all.

I sincerely wish you luck and success in extracting yourself from this situation in a satisfactory (satisfactory to you, not to Westgate) fashion.