On the 29th September 2005, I received a notification via internet claiming that I was a prize winner. I contacted the toll free telephone number to enquire about the cash prize. I was advised by the customer representative who was from Calypso Cay Resort that I was a confirmed prize winner of a discounted holiday package which they managed to sell me for US$598. During the phone discussion, I was transferred to another department where a voice recording of the contract took place as well as verification of my credit card details. Part of the contract terms was a 30 day money back guarantee refund with no obligations and that the offer was only valid if full payment was made during the phone session.
Silly me, I accepted The contract was effective as of 29th September 2005. I tried to gather some friends / family to accompany me to the holiday but nobody was interested. Shortly thereafter I contacted Calypso Cay Resort to notify them of my intent to cancel my holiday package. They tried offering more incentives to avoid cancellation but I refused. I strongly iterated my rights to cancel and requested for my refund. They would brush me off. After exhaustive measures and countless efforts in contacting Calypso Cay Resort, the following string of events took place.
I first issued my official written notice of cancellation via email on the 4th October 2005. After several attempts to make contact with the right staff to discuss the issue, I finally managed to receive an email from Customer Service Manager confirming cancellation and intent to refund in writing. I attempted to contact Customer Service to obtain a date when I will be receiving my refund and after exhaustive measures I was able to receive an email from Customer Services Manager stating the refund would be effective 30 days from 6th October 2005. This date had expired with no refund.
I iterated section 559.933 of Florida State statutes on my correspondences to them, which clearly states It shall be unlawful for any seller of travel or assignee:
to fail or refuse to honor a purchaser's vacation certificate request to cancel if such request is made within 30 days from the date of purchase or receipt of the vacation certificate, whichever occurs later
to fail to refund any and all payments made by the vacation certificate purchaser within 30 days after receipt of the certificate and notice of cancellation made pursuant to this section, if the purchaser has not received any benefits pursuant to the vacation certificate.
Unsuprisingly, these thieves did not even react to the statute.
I started to believe that Calypso Cay Resort were misleading and misrepresenting me for the purpose of delaying time. The term vacation certificate' noted on the statute raised concerns as I was unsure if I had received such a certificate I therefore contacted Calypso Cay Resort and requested clarification of this term (I was told not to worry and everything was under control). I then advised them that my understanding of this certificate was the email I received on 30th September 2005 which confirmed my purchase, itenary details and confirmation number. I also advised them that I had not received a vacation package from them. They acted surprised, apologised and acted immediately in sending the package via courier on 31st October 2005 which was two weeks late (this package should have been sent within 14 days from date of payment according to the advise of Customer Service).
Later on I attempted on many occasions to contact Calypso Cay Resort to follow up the refund and left numerous messages in which they did not bother to return or respond.
With great efforts I was able to obtain the company details such as address, phone numbers and email addresses.
The address on their written contract is noted as:
CALYPSO CAY RESORT
2921A Vineland Rd
Kisimmee, FLORIDA 34746
The address provided by Customer Service is:
CALYPSO CAY RESORT
4951 Calypso Cay Way
Kisimmee, FLORIDA 34746
Customer Service telephone number was 1800-450-021. This had changed recently to 00114079971732. I was never successful in reaching them on this new number (always a message bank). I left numerous messages which were never returned. I tried contacting them via email they never responded.
The list below is a whole heap of email addresses that supposedly wrote to me and/or are somehow affiliated with this so-called Calypso Cay Resort.
[email protected][email protected][email protected]I have followed the steps for recovery outlined in the URL noted below. Note there has been successul outcomes and I recommend anybody in the same situation to access this URL and do the same - it is a great website.
I have recently filed a complaint to the Florida Department of Agriculture & Consumer Services (Division of Consumer Services)using the CONSUMER COMPLAINT FORM s.570.544(3), Florida Statutes and awaiting further action. I have also attached copy of letter Notice of Cancellation / Refund, vacation package documents, copies of ALL email correspondences, as well as a copy of my bank statement highlighting the transaction.
I genuinely believe that I have exhausted all my efforts and fulfilled all my obligations diligently under the contract to recover my rightful money but felt I was achieving no results. Im sure many have felt the same. I urge everybody in the same boat to follow the correct steps of recovery although time consuming but think about it, your better off receiving your money later down the track than receiving NO money. Give Calypso Cay Resort migraines the same way they gave us the headaches.
Eventually the authorities will stop this company from committing any further unlawful acts and that a refund is provided as per our rights under the contract terms and the above mentioned Statute. Its all about being patient.
We MUST ALL file complaints to the Department of Agriculture & Consumer Services so that Calypso Cay Resort can be flooded with reams of complaints and paperwork and cause them to eventually drown in it.
Will keep you posted upon any further developments.
Thank you
sorry, allowing you to give a competitors name would instigate others to just file against their competition, to only come back later to suggest their company your comments on this policy are welcome! CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report. J Nass
Sydney, NSW
Australia
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