Complaint Review: Luis Dardon Bomdigity Travel

Luis Dardon I spoke with Mark Berdysz of Travel Incentives of America on two seperate occasions. One was to discuss his incentive offers that I received in the mail from his company free of charge and one to discuss your antics on the internet with your defaming posts of his company and his name. I have advised Mark Berdysz of posts that I have been following along with my post on one of your comments ripoff report number 361361 which you have yet to reply to. I will copy below that post for record after I am done with my commentary.

I feel the only person doing anything about this problem is Mark Berdysz. He sent free offers to me and from what I hear hundreds of other customers also received the free offers. I accepted his offer because he took it upon himself to do something about this situation and I did not even purchase my travel from him. I purchased my travel from Luis Dardon at Bomdigity Travel. All you seem to do Luis Dardon is sit back and defame and ridicule this person and this company and from what I discussed with Mark Berdysz it seems the only complaints are coming from you.

I have checked out Travel Incentives of America and Mark Berdysz and haven't found any complaints on the internet about his company except the complaints you posted. Now a company that has been around since 2002 and no complaints until he does business with Luis Dardon at Bomdigity Travel. Can I ask a question of you Luis Dardon? How long has Bomdigity Travel been in business? I know the answer I would like you to post it here.

Then you go on about wanting a refund for travel certificates. How many of these certificates did you actually sell? Those certificates have nothing to do with the business I did with you Luis Dardon. I or no customer should even care about what you purchased it has nothing to do with the business we did with you nor does it legally have any bearing when it comes to seller of travel laws. From my calculations you sold about 2- 3% or so of the certificates for hundreds of dollars and you paid peanuts for them. Most of the certificates you paid a whopping 25 cents to 75 cents each!

I advised Mark Berdysz of what to do if you decide to proceed with your court threats Luis Dardon. I have an extensive background when it comes to law and I have an extensive knowledge of travel law. I will help him with notifying the various Attorney Generals of the various states where you sold travel and you broke some very serious laws Luis Dardon when it comes to selling travel in those states. I will work with him and I already told him what to do to make sure that someone from the Attorney Generals offices in those states is required to appear in court to discuss your company Bomdigity Travel. They are very strict when it comes to selling travel in their states and I know they would want to know about Luis Dardon and how he proceeded in breaking laws in their states. I can really lay this out in detail but for now I will leave it to your imagination.

I am not an attorney, I am someone that knows the law and I have worked in the travel business for many years and I know what can be done. I am just getting plain sick of reading your posts Luis Dardon. You Luis Dardon are the travel agent and you are the travel agency and I booked my travel through Bomdigity Travel and nobody else. That is where you don't seem to understand how the travel business works along with how travel law works.

I have worked with reputable suppliers in the past that did not fulfill travel for one reason or another. It happens daily in the travel business to many travel agencies. It is all part of the business. You seem to think that this never happens in the travel business and it just shows me how ignorant you are Luis Dardon. When I bought your travel package on ebay I was going to question you why you did not offer me travel insurance. I got side tracked and forgot to ask you that question but now I am asking it. Do you know why all travel agencies offer travel insurance? In case something goes wrong because it happens in the travel business all of the time.

I am closing this commentary and I am going to copy my comment below that I posted on ripoff report number 361361.

Luis Dardon I have been following your posts and I am one of your customers that purchased a vacation through your company Bomdigity Travel. I have a copy of your ebay auction terms below that I purchased through. I will follow with more commentary below this.

Please read below before purchasing!
5 DAYS 4 NIGHTS AT THE RESIDENCE INN MARRIOTT HOTEL IN NEW YORK. Each certificate is redeemable for a reservation form, offering two adults, 21 years or older (you cannot use this as one traveller), to receive 5 days and 4 nights accommodations in New York City, NY. Travel dates are subject to availability. Transportation to NEW YORK, hotel taxes, meals, and gratuities are the responsibility of the passengers traveling.
International shipping: Interantional shipping is $15.00 (International buyers have 36 months to use their certificate!) If you are an international buyer please only purchase if you can travel within a 36 month period. Make sure that you will be flexible enough to use this on available dates that are given by the fulfillment center. Do not buy this if you can only travel on one or two dates within 36 months! USA Shipping is $9.95!
The calender year for 2007 is closed along with January through August 2008.
Mandatory information that is required from bomdigitytravel: Bomdigity Travel requires the names of the travelling parties for this certificate, their dates of birth, and a contact number in case Bomdigity Travel needs to contact the buyer. If bomdigitytravel does not receive this information the certificate will not be sent off either to the customer or to be processed.
Limit one certificate per household (address sensitive). This travel certificate is transferable. Once travel dates have been confirmed & established they can changed without being penalized but must be done no later than 60 days before the arrival date. Changes will not be allowed after this 60 day period.
Travel Disclaimer: By listing this auction I verify that I am the actual travel agent or travel provider and not a third party affiliate. The travel/accommodations in this auction will be booked directly through me and not an outside agency. I also verify that, other than the government taxes and related government fees stated within the listing description itself, there will be absolutely no additional fees, charges or after auction purchases associated with booking the travel within this listing.
Buy with confidence:
Squaretrade Travel Verified 04578557963
Note: You do not have to sit down for any type of sales/timeshare presentation to benefit from this travel. If you have any questions regarding this certificate please call our toll free number 877-326-9476.Hours of operation: Monday through Friday 7am to 6pm central standard time. Can always be reached on e-mail. If you cannot reach anyone at bomdigitytravel please call our toll free number at 877-326-9476 and leave a message.

Luis Dardon you state you are the actual travel agent or travel provider and not a third party affiliate. You state the travel will be booked directly through you and not an outside agency. You are obligated to tell the customer who you book your travel through. According to this auction you state everything goes through Bomdigity Travel. This makes you 100% responsible to all customers. I think one morning you must of rolled out of bed and decided to start your own travel agency. I think you better educate yourself more about seller of travel laws. You sold to me and I live in California, your company is not registered here. They have very strict travel laws in California and Florida especially.

Then you go on and talk more about how you spent 95% of our money on more certificates. How many certificates did you sell on ebay and what is your average cost that you paid for each of these certificates if you don't mind me asking?

Did you know it is a felony to use customer funds to purchase product? So if you spent 95% of these funds you are in some trouble. You are supposed to have a trust account where you keep these funds and they should not be touched until the customer completes their travel or in case of a supplier problem.

Most law enforcement agencies are not briefed on seller of travel laws and they should be made more aware. In most all cases matters such as this should really be handled by the State Attorney Generals since they know seller of travel law and know how to handle companies like Bomdigity Travel.

Customers also need to be aware of your responsibility to them. You are not a victim Luis Dardon. You are an irresponsible, unprofessional businessman that can't face up to the real facts. Seller of travel law is the law. Here is more helpful information below to educate everyone involved. Read this very carefully, especially number 6


Did you know that you can be sued and held liable because you did not inform your client that a hotel is going through renovation? Or that you could pay for a supplier default if you did not disclose the name of your supplier to the client?


Because of stricter state laws and litigation you need to be aware of your responsibilities as a travel supplier.


1 To give you brief guidelines as to your duties as a travel consultant in this litigious society;

2 A brief summary how state regulations may affect you as an independent seller of travel.

Courts ruled travel agents to be consumer fiduciaries with a high standard of care.

What is your duty

Court decisions over the last 20 years favor the consumer quite heavily and put a serious responsibility on the travel consultant to inform and disclose.

Primary duties identified by court decisions and state statutes are:

1. Duty to disclose vendor identity: must be told to consumer before they pay for their travel.

2. Duty to warn & inform

3. Duty to investigate

4. Duty to confirm

5. Duty not to over promise or misrepresent

6. Duty to protect client funds

1. Disclose vendor identity:

Court decisions and state statutes are quite clear. If you fail to disclose to your client who your wholesaler or tour operator is, or through whom you are booking your package, you may be liable for accidents, failures, default etc.

In Van Rossem v Penney Travel inferior accommodations were substituted by the hotel in a honeymoon package. Agent was held responsible because he did not disclose identity of the tour operator.

In Spiro v Delmar Travel agent held liable for tour operator default because operator's identity was not disclosed. ALWAYS DISCLOSE IDENTITY IN WRITING TO YOUR CLIENT

California and other states that have stringent seller of travel laws require full disclosure prior to the sale. And of course, you need to disclose your address, your penalties, your licenses, supplier and your own refund policies etc.



2. Duty to warn and inform

Here we will discuss to issues. First issue deals with things you must tell your client if you are aware of them or if you SHOULD BE aware of them.

For example, if you know that a cruise line or other provider has problems in cleanliness, customer service, has safety issues or many complaints against it, you may be held liable for failure to disclose.

In 1994 case Stafford v Intrav, the court ruled that a travel agent has a duty to disclose information if it is not obvious and apparent" to the client. Basically, if you, because you are a professional with higher access to information, know of something that could potentially adversely affect your client's trip, you must disclose it.

In another 1994 case the court ruled against an agent in Maurer v Cerkvenik-Anderson Travel because he did not disclose that three students (not their clients) fell of a Mazatlan train in the past and their client died as a result of falling off the same train.

Now, if a consumer should know of a danger because it is public knowledge, because the situation is commonly accepted then the travel consultant has no duty. For example, you do not need to warn a consumer that traveling to Iraq is dangerous.

However, if you were aware or trade media published widely that several tourists were mugged in Acapulco by drug lords and you failed to warn your client you may be liable.

Let's say you sold a Danube River cruise and you knew, because of trade reports, that the river was running low and some ports may be skipped. You have a duty to inform the client. If you did not and the client sued you may be held liable for failure to warn.

In Marcus v Zenith Travel and in Spiro v Delmar a travel agent was held liable for financial loss and default of bankrupt operator because the agent did not investigate financial stability and reliability of tour operator.

In Rodriguez v Cardona Travel agent was held liable because she did not offer travel insurance. In Markland v Travel Travel7 agent was held NOT responsible because she did advise client to buy travel insurance.

Two main lessons here:

1: You are viewed as a professional, such as a lawyer, a doctor etc. and if you fail to warn of a condition your may be guilty of negligence. So you need to really get familiar with locations and conditions of the tour, resort, cruise line or package that you are selling.

2. Always offer your client insurance and have them initial if they decline. Do not take verbal declines of insurance ever!

This brings up a very important rule.. If you SHOULD HAVE know something because you are held out to be an expert" (since you represent yourself as a travel agent) and you failed to inform the client of a particular situation you may be held responsible even though you did not know about it. Reasoning is that as an expert you should have known

_______________________________________________________________

3. Duty to investigate and warn

Courts ruled that a travel professional has a duty to check into her client's vacation to make sure that whatever is booked is up to what was presented and expected.

In Joseph v Fuller Travel agent was held responsible because the hotel was going through construction and the court held that the agent failed to investigate conditions.

And in Rodriguez v Cardona Travel agent held liable because she failed to investigate the airplane charter stability and did not warn the consumer about risks of booking a charter. In 1991 Marcus v Zenith agent was liable because she failed to tell the client of trade articles about financial issues experienced by a tour operator.

Other cases not favorable to the agent included a case where the agent failed to ask a cruise line if it could accommodate a handicapped passenger, and where a tour operator was known to overbook properties and the agent did not investigate and warn the client.you get the picture.

Remember, if you know or should know something better find out and make sure the client knows. You have a duty to provide services that were contracted. Stick with preferred suppliers if you belong to a host agency. If you choose your own suppliers independently and they do not perform you will be responsible for making things right without anyone's help.

Keep up on the news about properties, ships, resorts even after your client paid in full. Courts have ruled that you have a duty before the client goes on the trip to keep yourself informed and if you find out something potentially detrimental that will materially alter the trip you have a responsibility to inform the client.

4. Duty to confirm

There are dozens of cases where the agent booked tickets from wrong airport, failed to confirm transfers, airline reservations, failed to confirm that payments were received etc. Courts have even ruled in Trip Tours Ltd. v Zamani that if you are dealing with a flaky tour operator you will be at fault unless you personally re-confirm client reservations.

Did you tell the client that a visa was not needed and it was? Are you in deep! Did you forget to check how the construction was going on that hotel you booked? That little error cost a travel agent $25,000 in special damages in Touhey v Trans National Travel.

When a supplier causes an itinerary change you make sure that you notify you client. In McCoy v MTI Vacations Inc. the agent lost because he forgot to notify consumer of itinerary change.

Lesson here is: Verify, investigate, make sure you gave what you promised and have a disclosure statement that is signed disclaiming certain conditions.

5. Duty not to overpromise or misrepresent

Have you ever told a client Don't worry, it perfectly safe there?" Or did you promise a client that he will have the best vacation of his life? And, a case we've all heard about, did you say that tour operators chosen by a cruise ship are inspected by the ship, adhere to safety standards and are very safe?

If an incident occurs you may be in trouble for negligent or fraudulent misrepresentation. There are a number of other legal theories you may have to watch out for when making promissory statements. These theories include breach of implied warranty (you implied, as an expert, that your hotel is the best hotel, your cruise ship has the best service, your room is the best room in the resort etc), breach of habitability, reliance on your statements (promissory estoppel).

This means that you have to be very careful when making claims. If the claims you made are based on research, history or experience that a reasonable person of your expertise could make you would be OK in most cases.

6. Duty to protect client's money

Whenever you take money from a client for a vacation or cruise package there is only one destination that you can apply that money to: Your CLIENT'S TRIP. You can't use that money for operational expenses, you can't use that money to pay an employee, and you can't use that money to cover someone else's reservation.

Fiduciary statutes and travel of seller laws make it a felony to use client moneys for any purpose other than what it was specifically designed for.

Agents get themselves in trouble by taking client payments, using the money to pay current expenses believing they will be able to cover those deposits or final payments in the future. That is a felony in many states especially California and Florida.


In some states that have strict seller of travel laws, such as California , you cannot take your commission until the client has the tickets in hand.
E & O Insurance

If you are serious about this business you should look into Errors and Omissions insurance.

Most host agencies can now offer E & O insurance again. You can be covered under their umbrella. But remember, there is a deductible and there are all kinds of exclusions for your negligence.

E & O insurance provided by a host requires that in all advertising, bookings and client correspondence you clearly state that you are an independent agent for that host. You fail to mention in writing and you are not covered. When you make bookings outside the host you are not covered.

If you are not an sole individual but have employees or partners then insurance providers will require you to have your own E & O insurance direct, not through a host.
Seller of Travel Laws

Many home based agents are not aware or ignore of seller of travel laws. Due to rampart abuse states are enacting some tough requirements, with California leading the way.

Now you might say to yourself I am not in California , so it does not apply to me." Wait a second. It does! If you have a website that could potentially sell to people who are in California at time of purchase or if you have clients who at time of purchase happen to be in California you fall under California laws.

With today's internet travel distribution where boundaries are no longer physical you, the travel seller, must be aware of laws throughout your potential market area.

If you are an independent agent in California , Florida , Washington , Hawaii and a few other states and your host is located in some other state you better make sure that you or your host is registered in your state unless you want to be exposed to a potential crime, fines even a felony. If you are an independent travel agency you are committing a crime if you are not registered.

RE: bomdigity?
From: Luis Dardon (dardonluis@hotmail.com)
Sent: Thu 5/07/09 9:23 AM
To: Mark Berdysz (travelincentives@yahoo.com)

Mark I am glad that you are making an effort in taking care of these customers. That is great!

But remember that the customers that do not want anything from you will need to be reimbused. And this means you will have to refund them their processing fees and their refundable deposits. I am responsible for the cost of the certificate price they paid. As for the creditors, Mark I still do not think you are aware of the looses I have incurred my self.

I have lost my business, creidbility and trustworthiness, thanks to you.
I have lost all my credit. I had very good credit before this whole thing went south becuase of your fault in not honoring my customers dates that you said were guaranteed and I have this in wiring from you.
I have lost any ability to get any loans to try and help my customers out with refunds because no bank will loan me anything.
I have been investigated by the FBI because of complaints from customers that do not know that I had a supplier that I went through and this supplier neglected his responsibilities by no providing my customers with their travel dates. (the FBI has called me and have dropped my case because they said that they see me as the victim in this business failure).
I have already refunded customers with over $11,000 that I had that was everything I could use in the meantime that you would refund me (funds that i have yet to see refunded to me and this has been over a year). Do you think that i can continue to trust you?
Let's not forget all the monies that I sent you for product and all the monies that I lost in selling your product.

You will pay me back and I will make sure that you will. I am sick and tired of your excuses in trying to refund me what you owe me. I will not take this from you any more Mark Berdysz. I will do whatever it takes in getting a lawyer in Ohio and I will make sure that you make restitution for all the personal damages that you have inflicted on my family and my business. I will make sure that every customer on the internet will know what kind of business person you are and that you have proven not to be trusted. You have said you would send me my refund money over and over again and again. Now you are saying that I will get something on May the 20th-22th. What do you want me to believe? I cannot continue to live like this and I will not let you take more of my time and my customers time.

You will do right in making sure that customers are taken care of and I will do what I should have done months ago. I am up to my neck with calls from creditors, my mortgage company, customers that do not want to be refunded by you, paypal, ebay, and many other companies.

Remember Mark that you are the one that made me look like a fraud, a scammer according to many who are angered over this whole thing. You are the one that brough about this failure, Mark, not me. I was doing what you were directing me to do. I was only following your orders with all sales etc.... Customers do not understand this and you will do good in letting them know that this was your fault not mine. I have all the documentation to prove this and I have no problem in displaying this over the internet etc....


Luis Dardon
Abiluma LLC
2613 Kismet St.
Marrero, LA 70072
504-301-7957 cell
504-340-8008 fax
E-mail: dardonluis@hotmail.com



--------------------------------------------------------------------------------
Date: Thu, 7 May 2009 05:40:09 -0700
From: travelincentives@yahoo.com
Subject: Re: bomdigity
To: dardonluis@hotmail.com

Luis,

I emailed you that I should know my financial situation on May 8th. I am in the process of taking care of customers on a travel compensation package also. I have quite a number of customers mailing in the Travel compensation package. Right now I am running at 100% acceptance and calls and emails are coming in daily thanking me for this. I am putting a list of customer names together and will have a list for you of customers that want the offer. These customers will not have to be refunded by you because they are being well compensated by me. I sent out 208 compensation packages on Friday May 1st. and another 153 went out on May 6th. I think its very important to take care of all these customers don't you? Since I am doing these travel compensation packages I will end up losing alot of money on my end but thats okay because customers will be happy. How is this going to be worked out? I plan to have close to if not 100% acceptance of the travel compensation package. All the phone calls and emails I received people are very happy that something is being done for them. People really don't want their money Luis they want something to make up for this mess and thats why I took it upon myself to do something for these people. As far as the people that have been refunded by their credit card. How are you handling that situation? Have you made any payments to these collection agencies? Have you worked out a payment plan? You know Luis this will work out much better by giving these customers a nice travel compensation package along with other offers that they truly deserve. It was nice to hear thank you from so many customers so far. We will get this resolved and everyone will be happy.
Mark

--- On Thu, 5/7/09, Luis Dardon wrote:

From: Luis Dardon
Subject: bomdigity
To: "Mark Berdysz"
Date: Thursday, May 7, 2009, 12:04 PM


Mark, what is the update on the monies you are going to send me?

Luis Dardon
2613 Kismet St.
Marrero, LA 70072
504-301-7957 cell
E-mail: dardonluis@hotmail.com

RE: bomdigity?
From: Luis Dardon (dardonluis@hotmail.com)
Sent: Thu 5/07/09 9:23 AM
To: Mark Berdysz (travelincentives@yahoo.com)

Mark I am glad that you are making an effort in taking care of these customers. That is great!

But remember that the customers that do not want anything from you will need to be reimbused. And this means you will have to refund them their processing fees and their refundable deposits. I am responsible for the cost of the certificate price they paid. As for the creditors, Mark I still do not think you are aware of the looses I have incurred my self.

I have lost my business, creidbility and trustworthiness, thanks to you.
I have lost all my credit. I had very good credit before this whole thing went south becuase of your fault in not honoring my customers dates that you said were guaranteed and I have this in wiring from you.
I have lost any ability to get any loans to try and help my customers out with refunds because no bank will loan me anything.
I have been investigated by the FBI because of complaints from customers that do not know that I had a supplier that I went through and this supplier neglected his responsibilities by no providing my customers with their travel dates. (the FBI has called me and have dropped my case because they said that they see me as the victim in this business failure).
I have already refunded customers with over $11,000 that I had that was everything I could use in the meantime that you would refund me (funds that i have yet to see refunded to me and this has been over a year). Do you think that i can continue to trust you?
Let's not forget all the monies that I sent you for product and all the monies that I lost in selling your product.

You will pay me back and I will make sure that you will. I am sick and tired of your excuses in trying to refund me what you owe me. I will not take this from you any more Mark Berdysz. I will do whatever it takes in getting a lawyer in Ohio and I will make sure that you make restitution for all the personal damages that you have inflicted on my family and my business. I will make sure that every customer on the internet will know what kind of business person you are and that you have proven not to be trusted. You have said you would send me my refund money over and over again and again. Now you are saying that I will get something on May the 20th-22th. What do you want me to believe? I cannot continue to live like this and I will not let you take more of my time and my customers time.

You will do right in making sure that customers are taken care of and I will do what I should have done months ago. I am up to my neck with calls from creditors, my mortgage company, customers that do not want to be refunded by you, paypal, ebay, and many other companies.

Remember Mark that you are the one that made me look like a fraud, a scammer according to many who are angered over this whole thing. You are the one that brough about this failure, Mark, not me. I was doing what you were directing me to do. I was only following your orders with all sales etc.... Customers do not understand this and you will do good in letting them know that this was your fault not mine. I have all the documentation to prove this and I have no problem in displaying this over the internet etc....


Luis Dardon
Abiluma LLC
2613 Kismet St.
Marrero, LA 70072
504-301-7957 cell
504-340-8008 fax
E-mail: dardonluis@hotmail.com



--------------------------------------------------------------------------------
Date: Thu, 7 May 2009 05:40:09 -0700
From: travelincentives@yahoo.com
Subject: Re: bomdigity
To: dardonluis@hotmail.com

Luis,

I emailed you that I should know my financial situation on May 8th. I am in the process of taking care of customers on a travel compensation package also. I have quite a number of customers mailing in the Travel compensation package. Right now I am running at 100% acceptance and calls and emails are coming in daily thanking me for this. I am putting a list of customer names together and will have a list for you of customers that want the offer. These customers will not have to be refunded by you because they are being well compensated by me. I sent out 208 compensation packages on Friday May 1st. and another 153 went out on May 6th. I think its very important to take care of all these customers don't you? Since I am doing these travel compensation packages I will end up losing alot of money on my end but thats okay because customers will be happy. How is this going to be worked out? I plan to have close to if not 100% acceptance of the travel compensation package. All the phone calls and emails I received people are very happy that something is being done for them. People really don't want their money Luis they want something to make up for this mess and thats why I took it upon myself to do something for these people. As far as the people that have been refunded by their credit card. How are you handling that situation? Have you made any payments to these collection agencies? Have you worked out a payment plan? You know Luis this will work out much better by giving these customers a nice travel compensation package along with other offers that they truly deserve. It was nice to hear thank you from so many customers so far. We will get this resolved and everyone will be happy.
Mark

--- On Thu, 5/7/09, Luis Dardon wrote:

From: Luis Dardon
Subject: bomdigity
To: "Mark Berdysz"
Date: Thursday, May 7, 2009, 12:04 PM


Mark, what is the update on the monies you are going to send me?

Luis Dardon
2613 Kismet St.
Marrero, LA 70072
504-301-7957 cell
E-mail: dardonluis@hotmail.com

RE: bomdigity?
From: Luis Dardon (dardonluis@hotmail.com)
Sent: Thu 5/07/09 9:23 AM
To: Mark Berdysz (travelincentives@yahoo.com)

Mark I am glad that you are making an effort in taking care of these customers. That is great!

But remember that the customers that do not want anything from you will need to be reimbused. And this means you will have to refund them their processing fees and their refundable deposits. I am responsible for the cost of the certificate price they paid. As for the creditors, Mark I still do not think you are aware of the looses I have incurred my self.

I have lost my business, creidbility and trustworthiness, thanks to you.
I have lost all my credit. I had very good credit before this whole thing went south becuase of your fault in not honoring my customers dates that you said were guaranteed and I have this in wiring from you.
I have lost any ability to get any loans to try and help my customers out with refunds because no bank will loan me anything.
I have been investigated by the FBI because of complaints from customers that do not know that I had a supplier that I went through and this supplier neglected his responsibilities by no providing my customers with their travel dates. (the FBI has called me and have dropped my case because they said that they see me as the victim in this business failure).
I have already refunded customers with over $11,000 that I had that was everything I could use in the meantime that you would refund me (funds that i have yet to see refunded to me and this has been over a year). Do you think that i can continue to trust you?
Let's not forget all the monies that I sent you for product and all the monies that I lost in selling your product.

You will pay me back and I will make sure that you will. I am sick and tired of your excuses in trying to refund me what you owe me. I will not take this from you any more Mark Berdysz. I will do whatever it takes in getting a lawyer in Ohio and I will make sure that you make restitution for all the personal damages that you have inflicted on my family and my business. I will make sure that every customer on the internet will know what kind of business person you are and that you have proven not to be trusted. You have said you would send me my refund money over and over again and again. Now you are saying that I will get something on May the 20th-22th. What do you want me to believe? I cannot continue to live like this and I will not let you take more of my time and my customers time.

You will do right in making sure that customers are taken care of and I will do what I should have done months ago. I am up to my neck with calls from creditors, my mortgage company, customers that do not want to be refunded by you, paypal, ebay, and many other companies.

Remember Mark that you are the one that made me look like a fraud, a scammer according to many who are angered over this whole thing. You are the one that brough about this failure, Mark, not me. I was doing what you were directing me to do. I was only following your orders with all sales etc.... Customers do not understand this and you will do good in letting them know that this was your fault not mine. I have all the documentation to prove this and I have no problem in displaying this over the internet etc....


Luis Dardon
Abiluma LLC
2613 Kismet St.
Marrero, LA 70072
504-301-7957 cell
504-340-8008 fax
E-mail: dardonluis@hotmail.com



--------------------------------------------------------------------------------
Date: Thu, 7 May 2009 05:40:09 -0700
From: travelincentives@yahoo.com
Subject: Re: bomdigity
To: dardonluis@hotmail.com

Luis,

I emailed you that I should know my financial situation on May 8th. I am in the process of taking care of customers on a travel compensation package also. I have quite a number of customers mailing in the Travel compensation package. Right now I am running at 100% acceptance and calls and emails are coming in daily thanking me for this. I am putting a list of customer names together and will have a list for you of customers that want the offer. These customers will not have to be refunded by you because they are being well compensated by me. I sent out 208 compensation packages on Friday May 1st. and another 153 went out on May 6th. I think its very important to take care of all these customers don't you? Since I am doing these travel compensation packages I will end up losing alot of money on my end but thats okay because customers will be happy. How is this going to be worked out? I plan to have close to if not 100% acceptance of the travel compensation package. All the phone calls and emails I received people are very happy that something is being done for them. People really don't want their money Luis they want something to make up for this mess and thats why I took it upon myself to do something for these people. As far as the people that have been refunded by their credit card. How are you handling that situation? Have you made any payments to these collection agencies? Have you worked out a payment plan? You know Luis this will work out much better by giving these customers a nice travel compensation package along with other offers that they truly deserve. It was nice to hear thank you from so many customers so far. We will get this resolved and everyone will be happy.
Mark

--- On Thu, 5/7/09, Luis Dardon wrote:

From: Luis Dardon
Subject: bomdigity
To: "Mark Berdysz"
Date: Thursday, May 7, 2009, 12:04 PM


Mark, what is the update on the monies you are going to send me?

Luis Dardon
2613 Kismet St.
Marrero, LA 70072
504-301-7957 cell
E-mail: dardonluis@hotmail.com

RE: bomdigity?
From: Luis Dardon (dardonluis@hotmail.com)
Sent: Thu 5/07/09 9:23 AM
To: Mark Berdysz (travelincentives@yahoo.com)

Mark I am glad that you are making an effort in taking care of these customers. That is great!

But remember that the customers that do not want anything from you will need to be reimbused. And this means you will have to refund them their processing fees and their refundable deposits. I am responsible for the cost of the certificate price they paid. As for the creditors, Mark I still do not think you are aware of the looses I have incurred my self.

I have lost my business, creidbility and trustworthiness, thanks to you.
I have lost all my credit. I had very good credit before this whole thing went south becuase of your fault in not honoring my customers dates that you said were guaranteed and I have this in wiring from you.
I have lost any ability to get any loans to try and help my customers out with refunds because no bank will loan me anything.
I have been investigated by the FBI because of complaints from customers that do not know that I had a supplier that I went through and this supplier neglected his responsibilities by no providing my customers with their travel dates. (the FBI has called me and have dropped my case because they said that they see me as the victim in this business failure).
I have already refunded customers with over $11,000 that I had that was everything I could use in the meantime that you would refund me (funds that i have yet to see refunded to me and this has been over a year). Do you think that i can continue to trust you?
Let's not forget all the monies that I sent you for product and all the monies that I lost in selling your product.

You will pay me back and I will make sure that you will. I am sick and tired of your excuses in trying to refund me what you owe me. I will not take this from you any more Mark Berdysz. I will do whatever it takes in getting a lawyer in Ohio and I will make sure that you make restitution for all the personal damages that you have inflicted on my family and my business. I will make sure that every customer on the internet will know what kind of business person you are and that you have proven not to be trusted. You have said you would send me my refund money over and over again and again. Now you are saying that I will get something on May the 20th-22th. What do you want me to believe? I cannot continue to live like this and I will not let you take more of my time and my customers time.

You will do right in making sure that customers are taken care of and I will do what I should have done months ago. I am up to my neck with calls from creditors, my mortgage company, customers that do not want to be refunded by you, paypal, ebay, and many other companies.

Remember Mark that you are the one that made me look like a fraud, a scammer according to many who are angered over this whole thing. You are the one that brough about this failure, Mark, not me. I was doing what you were directing me to do. I was only following your orders with all sales etc.... Customers do not understand this and you will do good in letting them know that this was your fault not mine. I have all the documentation to prove this and I have no problem in displaying this over the internet etc....


Luis Dardon
Abiluma LLC
2613 Kismet St.
Marrero, LA 70072
504-301-7957 cell
504-340-8008 fax
E-mail: dardonluis@hotmail.com



--------------------------------------------------------------------------------
Date: Thu, 7 May 2009 05:40:09 -0700
From: travelincentives@yahoo.com
Subject: Re: bomdigity
To: dardonluis@hotmail.com

Luis,

I emailed you that I should know my financial situation on May 8th. I am in the process of taking care of customers on a travel compensation package also. I have quite a number of customers mailing in the Travel compensation package. Right now I am running at 100% acceptance and calls and emails are coming in daily thanking me for this. I am putting a list of customer names together and will have a list for you of customers that want the offer. These customers will not have to be refunded by you because they are being well compensated by me. I sent out 208 compensation packages on Friday May 1st. and another 153 went out on May 6th. I think its very important to take care of all these customers don't you? Since I am doing these travel compensation packages I will end up losing alot of money on my end but thats okay because customers will be happy. How is this going to be worked out? I plan to have close to if not 100% acceptance of the travel compensation package. All the phone calls and emails I received people are very happy that something is being done for them. People really don't want their money Luis they want something to make up for this mess and thats why I took it upon myself to do something for these people. As far as the people that have been refunded by their credit card. How are you handling that situation? Have you made any payments to these collection agencies? Have you worked out a payment plan? You know Luis this will work out much better by giving these customers a nice travel compensation package along with other offers that they truly deserve. It was nice to hear thank you from so many customers so far. We will get this resolved and everyone will be happy.
Mark

--- On Thu, 5/7/09, Luis Dardon wrote:

From: Luis Dardon
Subject: bomdigity
To: "Mark Berdysz"
Date: Thursday, May 7, 2009, 12:04 PM


Mark, what is the update on the monies you are going to send me?

Luis Dardon
2613 Kismet St.
Marrero, LA 70072
504-301-7957 cell
E-mail: dardonluis@hotmail.com