Flexi Club Time Share / Cancellation
I have been a member for a number of years, but do not reside in south Africa anymore and therefore have no need for the product anymore. My family have left the country with me and I can therefore not transfer the product to them either. I have requested that the product be cancelled. My product has been fully paid for 2009 - I didn't even use my last benefits because we had left. They have refused my cancellation and relied on this clause: We draw your attention to the Certificate of Purchase, Point 16 which states:
"I understand that this application is subject to approval by the Club and Vacation Properties and that should I wish to alter or withdraw this application, I should do so by giving written notice to the Club and Vacation Properties within 5 (FIVE) working days..."
and "we refer you to point 12 on the Certificate of Purchase which clearly states:
"I understand that points purchased are an investment in future holidays and are not primarily purchased for capital gain on resale".
This is unacceptable since I am not stopping membership after a short term OR because I want to achieve some form of capital gain.
Flexi club have not responded to these questions:
1. The portion of my contract that states that I may not cease to be a member (AT ALL ANYRTIME IN THE FUTURE). The 5 day period refers to a cooling off period. Does the contract indicate anywhere that you will go on paying for something and being part of an everlasting deal. No deal can be so set in stone. We (our family) moved out of South Africa on 31 March 2009 and now have Permanent Residency Status in Australia. I have no need for the product, at all. We did not realize we were going to leave and that was why I paid my 2009 usercharges in advance so that we could actually utilize our points. That didn’t materialize and we practically could not use our points. No or in future. EVER
2. The section in my contract that explains in what way I have not already had the benefit of an investment in future holidays (ie when do you regard my expenses and use of the points to actually be an investment)
The fact that when making bookings the charges have been considerably lower through my membership with the Club as opposed to if you had to make bookings through private concerns is irrelevant to my request to cancel. One takes out membership of the points-system holidays to obtain the benefit of the booking, variety, convenience and obviously costs.
They stated that membership is an investment in future holidays and implying that that was a reason why I may NOT stop membership in the short term. Initially we were members of Magic Breakaways which was later taken over by Flexi Club. So we’ve had the benefit for more than 10 years now and I believe that we had a considerable “investment in future holidays” and yes we did use our points a number of times. Please explain how we have not already had the benefit of an investment in future holidays ? and why that means we cannot cancel our membership?
If the point are so valuable why dont they but them back? I dont want to make a profit. What happened to market value?
3. The section in my contract where it explains how/when in my case I primarily purchased (Flexiclub) for capital gain or resale".
They merely referred me to the previous correspondence and the section in the contract, ie "I understand that points purchased are an investment in future holidays and are not primarily purchased for capital gain on resale" as many members are of the impression that they can sell their memberships for capital gain.
Again, I believe that we have NOT diverted from that in any way. (See my question in 2.) We are not wanting to sell for capital gain. The fact that we have been using our points and are fully paid for 2009 and have credit available is proof of that. We don’t have a choice now.
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