Catch 22 - Need advice as 1st time renter........

Let me preface this by saying I am pretty new to timeshare do's and don'ts. Here is my dilemma. I found a lady on e-bay who was advertising a week at the exact resort I wanted. Her record on e-bay was excellent, so I contacted her but it was a fixed week and did not work for me. She said she could get me something else through RCI (I think we know where this one is going?). She did get me what I wanted - we completed a rental agreement (Jayjay's template) according to our agreed upon terms; money was exchanged and she emailed me my reservation confirmation and my guest certificate. RCI also faxed me a confirmed guest certificate directly. While all this transaction was about to happen, I had been reading forums here trying to make sure I was doing things right (that is how I came up with the rental agreement) and after talking with her and her record on e-bay was excellent, I felt comfortable going forward. I had, however, read one or two forums about it being against the rules to rent to an exchange. I queried this with the lady (not understanding really what an exchange was at the time) and she don't worry about that, that she did this all the time and RCI don't really care. Frankly, I did not really understand much about "banked weeks" or "exchanges" and based on her re-assurance- I felt all was ok and went ahead. I have subsequently read more and more forums - and being more educated, I do believe she actually did rent me an exchange. I feel badly about this yet my money is paid and my reservation is confirmed. But I also learned from the forums that not only could her membership be cancelled with RCI but that I could be denied my reservation at check in - should they find out about this. Again, when I agreed to rent a week from her and I did not fully understand if it was or wasn't an exchange, the rules, or the ramifications. I queried it with the member and she assured me all was ok - in fact, she had me pay RCI directly the exchange fee and for my guest certificate - so I thought it was ok by them. Now I fully believe she rented an exchange to me against the rules, and fear something will go wrong with my reservation, through no fault of my own, and am very worried. On the one hand, it should be reported to RCI and on the other hand, I have a confirmed reservation that I paid for and if I report this, I will both loose my money and they will cancel my reservation and I will find myself "out in the cold". I have e-mailed to the member directly this week expressing my concerns about our transaction but no response for two days (despite her "immediate" response turnaround times prior to my asking about this and prior to finalizing the transaction). I don't want to push too hard - as she has the ultimate control to call RCI and cancel the booking and keep my money - yet she was in the wrong here; hence the catch22. Question - do I just keep my mouth shut and go forward and hope that all is well with my reservation and then chalk it up to lesson learned for future rentals or ??? I don't want to loose $600.00 when it was the owner/RCI member who was not completely candid about our transaction when asked. Also, by the way, when I asked her about it just before I paid the money - she said "trust me, I have been doing this for years and its no problem". I did trust her BUT I DON'T WANT TO SUFFER THE CONSEQUENCES of her actions. I feel worried and bad about the whole thing, but again, I paid my $$$, I have a confirmed reservation and don't want to rock the boat and be left out in the cold at check in. What would you do ? Thankyou - Kimmy - PS - she lives very far away and it would be a total waste of time and money to try to sue her after the fact to re-cover my losses should I report her and then shoot myself in the foot in the process.

From the somewhat limited facts and info which you've provided, one possible completely legitimate scenario *MAY* actually have occurred here. I'm NOT saying that this *IS* what has happened, I'm merely pointing out that there is at least a *POSSIBLE* explanation which is NOT in violation of any RCI rules or terms of use:

The person from whom you are renting *MAY* have owned a "float" (flexible reservation date) week, which she *MAY* then have reserved --- and then rented to you. That is entirely permissible **IF** it's a week which she OWNS. *IF*she OWNS that week, then it's NOT an "exchange" at all --- she has the right as owner of a week to rent out a week which she OWNS and doing so does not violate any RCI rules or terms of use. The fact that you have a guest certificate from RCI suggests that this is at least a *POSSIBILITY*.

In short, there *MAY* well be an entirely legitimate explanation and situation here. If not, as you've already learned from your reading, this person would literally be risking termination of her RCI membership if caught renting out an exchange --- and the exchange itself could be voided. You should endeavor to get the "ownership" question resolved with the person from whom you have initiated the rental, for your own peace of mind. You don't know at this point, based upon what you've presented, whether or not there is anything at all wrong here. Without you (or anyone here) knowing whether or not she actually owns the week involved, all discussion is mere speculation.

Well i would get that information from the member if she would respond to my emails...which she is not - and therefore leaves me suspicious and uncomfortable. I believe the week that she was advertising on e-bay (which I could not use) is the week she owned. She then sent me a list of "available resorts" during my time frame and it would seem to me, she did not "own" at all those resorts. Plus, if it was a week she "owned" herself, why would we be going through RCI - unless she put it in as an exchange ? In any event, I have done nothing wrong - simply rented a week as advertised - but now I am afraid if it is an exchange week (not her own), then something goes wrong with MY reservation and loose my $$$. Bottom line, she is now not responding to my emails - so I am at a loss other than to go as planned and hope it is all ok ? By the way, Ken, while I genuinely appreciate your input - you sure write "harshly" in tone for someone is trying to help. I have done nothing wrong; in fact, I could have just let the whole thing go and not say a word but I am honest...I would appreciate some genuine feedback from others - without the feelling of being belittled or berated...sans the capatalizations and asteriks like I am a stupid idiot which I am not - and yes, I have noticed this condesending "tone" in your other posts as well. Go figure...

If the renter owned the week there would be NO NEED for an RCI guest certificate or for RCI to be involved in any form. It looks like the lady has rented you an exchange (it's not your fault).

I would go ahead with your trip, since you already have the confirmation in your name. I would then contact RCI as soon as you get back home to let them know this lady is making a business of renting exchanges, since she's been "doing it for YEARS".

This practice is not fair to other RCI members and people wishing to rent from her ads and if she is caught renting exchanges her renters can be turned away at check-in. This is the main reason rentals of exchanges are illegal with RCI, II and the independent exchange companies ... people making a business of it.

In the future, before you rent from anyone else, make sure you are given verification that the owner is renting his/her week, not an exchange. You can call the resort and make sure that the person renting is the owner or have the owner send you some type of verification that they actually own the week.

You have done nothing wrong, however it's too late now to call RCI about this woman. Enjoy your trip. You have the comfort of knowing the reservation is in your name and that should ease your mind.

Also, it looks as though this woman is lying to RCI saying she's gifting the week to you (it's legal to gift an exchange to friends or family when no profit is made however friends/family are allowed to reimburse the exchanger the guest certificate fee and the exchange fee which is less than $200), but she's charging you $600, which is defintely a profit being made (this is illegal).

Jayjay - that was my thinking too (after the fact and after educating myself a bit) - that if it was her owned week, we would not be going through RCI in the first place. I agree with you that all I can do (for now) is just go with it; although I am worried that my e-mailing her and questioning her on all this (and she has not responded) has pissed her off and she does has the power to change the reservation back OUT of my name -as the member - she could do that couldn't she ? ;but then again, I suppose that would not be her best interests to do so - for fear I would immediately report her for her illegal renting of exchanges. Keep your fingers crossed that my reservation goes smoothly but unfortunately, I will feel stressed about it until I get the room key card in my hot little hand...Lesson learned for next time. Thank you for your help. Kimmy

I would call the resort the day before you leave to make sure the reservation is still in your name ... that should put your mind at ease. I don't believe the woman (renter of an exchange) wants to rock the boat and I think she'll leave well enough alone.

ken1193 wrote:

From the somewhat limited facts and info which you've provided, one possible completely legitimate scenario *MAY* actually have occurred here. I'm NOT saying that this *IS* what has happened, I'm merely pointing out that there is at least a *POSSIBLE* explanation which is NOT in violation of any RCI rules or terms of use:

The person from whom you are renting *MAY* have owned a "float" (flexible reservation date) week, which she *MAY* then have reserved --- and then rented to you. That is entirely permissible **IF** it's a week which she OWNS. *IF*she OWNS that week, then it's NOT an "exchange" at all --- she has the right as owner of a week to rent out a week which she OWNS and doing so does not violate any RCI rules or terms of use. The fact that you have a guest certificate from RCI suggests that this is at least a *POSSIBILITY*.

In short, there *MAY* well be an entirely legitimate explanation and situation here. If not, as you've already learned from your reading, this person would literally be risking termination of her RCI membership if caught renting out an exchange --- and the exchange itself could be voided. You should endeavor to get the "ownership" question resolved with the person from whom you have initiated the rental, for your own peace of mind. You don't know at this point, based upon what you've presented, whether or not there is anything at all wrong here. Without you (or anyone here) knowing whether or not she actually owns the week involved, all discussion is mere speculation.

Float week reservations are made through the resort or managing company, not RCI. RCI has absolutely no involement in floating weeks unless a person has deposited a floating week into the RCI exchange system.

Re: >> capatalizations and asteriks like I am a stupid idiot which I am not <<

=====================================

As a matter of habit, I admit to capitalizing some words, strictly for EMPHASIS. In no way did I ever state (or remotely imply, or ever ever consider) anything whatsoever about your personal intellect.

On the contrary, I simply tried to provide you with a word of hope and encouragement, pointing out that there MIGHT actually be a completely legitimate explanation in your situation. For example, I own a RTU week which can be reserved at any one of 7 different locatiuons in 5 different states (with 1 week of use per year). I thought that perhaps, just POSSIBLY, yours MIGHT be a comparable situation. I'm now sorry to have even reponded to your post at all.

Best of luck. I hope that it all works out for you to a satisfactory conclusion.

jayjay has correctly observed, quoted in pertinent part:

>> Float week reservations are made through the resort or managing company, not RCI. RCI has absolutely no involement in floating weeks unless a person has deposited a floating week into the RCI exchange system. << =======================================

You're absolutely right. I was actually thinking in my own previous reply of an alternate situation where PERHAPS an RTU week with "multiple location choices" might be involved (I have one such week myself). But even then, as I now think more about it, there would STILL be no RCI involvement in even that situation, without the reservation then being deposited for exchange. So, I guess the OP situation is indeed looking more and more like a "rented exchange". I hope it works out well in the end for all involved......

I work at the resort you are going to. I try to sell developer units there.

No...better, I am an RCI advisor at that resort....naww

I am the person who works behind the desk at that resort.

Never mind....just remember, if anyone asks....

You received this week AS A GIFT from your friend. You paid absolutely no rental fee (don't even mention the word rent). You may have paid for the gift certificate. But the week was a gift.

I really doubt you will have a problem. But, if you worry too much, you may have a lousy week, when it could have been a great week.

kekouri wrote:

I work at the resort you are going to. I try to sell developer units there.

No...better, I am an RCI advisor at that resort....naww

I am the person who works behind the desk at that resort.

Never mind....just remember, if anyone asks....

You received this week AS A GIFT from your friend. You paid absolutely no rental fee (don't even mention the word rent). You may have paid for the gift certificate. But the week was a gift.

I really doubt you will have a problem. But, if you worry too much, you may have a lousy week, when it could have been a great week.

OMG - Kekouri - you scared me for a split second - I thought - how the hay does he/she know where I am going ??? Anyway, I am sure I will be okay so long as she doesn't take the guest certificate back out of my name cause I sent her an email accusing her of exactly what she did and pissed her off. I am just going to lay low and confirm my reservation in a few weeks. I should have just left it alone with her once I discovered what had transpired but the whole thing was worrisome. You have all helped and thanks to Ken for clarification. This whole timeshare business is an eye opening education and in future, I make sure I am renting an owned week. Thank you all.

I'm Sorry....didn't mean to scare you.

I bet you will have a great time.

ken1193 wrote:

On the contrary, I simply tried to provide you with a word of hope and encouragement, pointing out that there MIGHT actually be a completely legitimate explanation in your situation. For example, I own a RTU week which can be reserved at any one of 7 different locatiuons in 5 different states (with 1 week of use per year). I thought that perhaps, just POSSIBLY, yours MIGHT be a comparable situation. I'm now sorry to have even reponded to your post at all.

Even if you own an RTU (right to use) why would RCI be involved?

>> Even if you own an RTU (right to use) why would RCI be involved?<< ======================================

As already clearly acknowledged (yesterday, in a post you can find above, on Sept 2, 08:28), they wouldn't be, unless an exchange was involved.

Initially, I had considered the possibility that a multiple location RTU week owner (like me) might have made a specific reservation, and then asked for a guest certificate for a specifically named renter. This is EXACTLY how it works with Perennial Vacation Club, where I own just such a week and where I have done just exactly that myself, including recently. There is nothing whatsoever improper about renting out a week that you OWN and some entities (like PVC) issue their own guest certificates in such instances.

However, in reading the very lengthy initial post, I failed to adequately absorb that the guest certificate involved had actually originated from RCI, and NOT from a resort. As always, the devil is in the details --- and I missed an important detail in this instance. It happens (and much more often with some than others.....). A good reinforcement, however, of the fact that sometimes "no good deed goes unpunished".

ken1193 wrote:

>> Even if you own an RTU (right to use) why would RCI be involved?<< ======================================

As already clearly acknowledged (yesterday, in a post you can find above, on Sept 2, 08:28), they wouldn't be, unless an exchange was involved.

Initially, I had considered the possibility that a multiple location RTU week owner (like me) might have made a specific reservation, and then asked for a guest certificate for a specifically named renter. This is EXACTLY how it works with Perennial Vacation Club, where I own just such a week and where I have done just exactly that myself, including recently. There is nothing whatsoever improper about renting out a week that you OWN and some entities (like PVC) issue their own guest certificates in such instances.

However, in reading the very lengthy initial post, I failed to adequately absorb that the guest certificate involved had actually originated from RCI, and NOT from a resort. As always, the devil is in the details --- and I missed an important detail in this instance. It happens (and much more often with some than others.....). A good reinforcement, however, of the fact that sometimes "no good deed goes unpunished".

Seems I have opened up a can of worms here; but yes, I thought something was "askew" in your first response to me Ken. In any event, I have my answer with thanks to everyone for their contributions. More information on this scenario will be provided after my vacation has come and gone as I don't want to jeopardize loosing my "ill-obtained" reservation (as pointed out, through no fault of my own). Stay tuned.......Kimmy

kimm337 states, quoted in only pertinent part:

>> Seems I have opened up a can of worms here...<< ======================================

No can of worms, just a simple misunderstanding (on my part, evidently) regarding the exact nature of the "guest certificate" involved here.

That said, I don't much appreciate being called "condescending" by someone to whom I was trying to offer a possible (and entirely plausible) alternative explanation. The slur was neither necessary nor appropriate, but I still hope it all works out for you.

ken, you accused kimm of providing 'limited facts' which she did not. She explained everything perfectly. There was no 'plausible explanation' (as you put it) for her situation since RCI should have had NO involvement. The lady was outright renting kimm an exchange as the lady admitted she's been doing FOR YEARS.

And yes, you can come across as condescending (or in my own words, copping an attitude) many times as I have pointed out in the past.

ken1193 wrote:

I don't "accuse", except in an open courtroom, but I apparently missed one detail in the original lengthy post. I openly acknowledged being mistaken in overlooking the RCI guest certificate detail, which I originally missed.

I'm not planning to cry or commit suicide because you (and/or "kimmy") apparently don't like my tone. I write how I write. I hope that most people are able and willing to overlook any perceived "tone" to maybe benefit from some knowledge I've gained (and am willing to share) after 20+ years of experience in ownership of several weeks of timeshare, including at present.

Don't like my tone? Just ignore me and move on..........

I think that's why it's so vitally important to comprehend a post, not merely quickly skim over it. You are one that detests that people 'assume' something when that's what you did with kimm's post. You wrongly 'assumed' what the situation 'might' have been without comprehending what she stated.

It's impossible for me to not read some of your posts as you answer some of the same posts I do.

For someone who puts himself in such high esteem and perfectionism, I was shocked at your blantantly wrong answer to kimm and to the tone of your answer, as if she were an idiot to even suggest that the woman might have rented her an exchange.

Re: >> For someone who puts himself in such high esteem and perfectionism, I was shocked at your blantantly wrong answer to kimm.<< =======================================

Don't know about "high esteeem and perfectionism", but I do indeed try VERY hard to be factually correct and accurate --- and yes, I do indeed regard myself as VERY knowledgeable about timeshare after 20+ years of ownership experience (both good and bad). I personally regard bad information as often being worse than no information at all, and the Internet is a virtual treasure trove of myths, half-truths, opinions unencumbered by any actual knowledge or experience and false "information". When I'm wrong, I have the guts and the integrity to stand up and say so (try it sometime.... you might find it to be a liberating experience).

I do hope that you manage to get over your "shock". In overlooking one detail (the three letters "RCI") in one lengthy post, I certainly did not want anyone to become "shocked" (or horrified, or have any other emotionally shattering reaction). I hope that you somehow manage to get over this "shock". Deep breathing exercises might help. Or yoga maybe?

Thanks to all. Enjoyed this post.

I thought I rented a unit and tried to contact RCI to verify ownership AFTER the alleged owner failed to repond to numberous contacts. RCI would not verify ownership even with a lease.

I doubt if I will ever rent a unit again. Nightmare.

I can relate to the renter. Scary.