Breach of Contract?

[SmithfieldTim Member Find all posts View Profile Close SmithfieldTim]

I currently own through Celebrity Resorts Waikiki. This unit is a right-to-use that expires in 2009. Celebrity Resorts also looses their lease on the property at the end of 2009. My season for usage is listed as September. I am prepared to pay my maintenance fee for 2009 and reserve my week but Celebrity is telling me the resort is only taking reservations until April of 2009. I am not prepared to take a week that is earlier than in my contract. I want the week during the time frame as stated in my contract. I called their customer support to receive several different answers so I have finally resorted to written communications only via e-mail. They have written me to tell me I can reserve the week then written me to tell me I cannot reserve the week. All coming from the same person. Now they want me to call them about the matter after I sent them an email about being in “breach of contract”. I informed them I have no plans of paying my maintenance fee if they cannot fulfill their end of the contract and if they send it to collections, I will file suit. I am fully prepared to pay the fee if I can get the week as stated in the contract. I also informed them that I wish to be released from the contract as they cannot fulfill it as stated. What are my options? Are they in “breach of contract”?

[Beaglemom3 Senior Member Find all posts View Profile Close Beaglemom3]

Consumer Resource Center — Attorney General

Department of the Attorney General — Attorney General


Let them know you mean business. Oh, and read your contract forwards & backwards again. Just an FYI. It may in the "small print".
Go get 'em.