St. Maarten disaster?

[mechtech43 Junior Member Find all posts View Profile Close mechtech43]

bought a timeshare at Caravanserai in St. Martin and already paid for most of the condo cost. Now, they tell myself that the unit is not ready due to the fall hurricane and I am out of luck. Just found out and no one is telling myself what options I have. Asked about insurance and they are playing deaf with any responses. What can I do? Lawyers here (Canada-U.S) state they should put my party up at a similar accommodation. Anybody have a suggestion on what I should do? already booked my non-refundable flights for everyone.......

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

Billy,
I have a unit at LaVista that perhaps would work for you. Let's see if I can get you your week. What dates are your plane tickets for ?
It's a one bedroom.
Let me know.
Sorry that this happened to you.
B.

[mechtech43 Junior Member Find all posts View Profile Close mechtech43]

thanks for the offer. have a party of seven so I need a fair size unit. I am looking for advice in dealing with this situation. is there any govt. help on timeshare contracts when the lessor does not give the lessee his condo. what do I do? get a lawyer from St. Martin and sue? any information would be helpful?

[lawren2 Malibu Beach Barbie & A Super Moderator Find all posts View Profile Close lawren2]

I doubt you have any recourse because of a natural disaster.

Please tell us your dates. There are many here who could probably help you with a replacement for your party, although 7 would not be easy. Most 2BDRMs SXM will sleep 6.

[Spence Super Moderator Find all posts View Profile Close Spence]

Wouldn't you be the 'owner' and aren't you responsible through/with your HOA (and whatever insurance they have) for it's availability.

If a storm took out your home, what do you do?

I think your closing company, if you had one, should have alerted you to this problem. Due diligence.

When Morritts on Grand Cayman had this problem, the management company gave people RCI deposits though I don't think that they legally had to.

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

I think that the comments above are spot - on.

If you want to lose more money, I'd say, try to correct this.
As mentioned above, it is a natural disaster and might be a dead end for you, sorry to say.

If you want to cut your losses on the airfare, try to find some units that will work for you.

Again, I can help out with accommondations for 2.

www.lavistaresort.com

[mechtech43 Junior Member Find all posts View Profile Close mechtech43]

Wouldn't you be the 'owner' and aren't you responsible through/with your HOA (and whatever insurance they have) for it's availability.

If a storm took out your home, what do you do?

I think your closing company, if you had one, should have alerted you to this problem. Due diligence.

When Morritts on Grand Cayman had this problem, the management company gave people RCI deposits though I don't think that they legally had to.

If I am told right, the contract that I signed with the lessor/developer states that he would purchase the insurance for any natural disasters etc. This legally binds most parties into a contract whereas they are paid monetary funds for the condo unit in question. The only point would be- should I be compensated due to the poor communication on the management team of the resort. North American legal standards say yes. Does Caribbean law differ or are timeshares exempt from following contracts signed between parties. On your note about your home, yes, my insurance company paid for accommodations for my family when a disaster strikes. That's what insurance premiums are for.

[Spence Super Moderator Find all posts View Profile Close Spence]

If I am told right, the contract that I signed with the lessor/developer states that he would purchase the insurance for any natural disasters etc. This legally binds most parties into a contract whereas they are paid monetary funds for the condo unit in question. The only point would be- should I be compensated due to the poor communication on the management team of the resort. North American legal standards say yes. Does Caribbean law differ or are timeshares exempt from following contracts signed between parties. On your note about your home, yes, my insurance company paid for accommodations for my family when a disaster strikes. That's what insurance premiums are for.

No that's not necessarily what insurance premiums cover, it depends on the policy. While management may be at fault, you can't blindly say that they are responsible for you and for sure, insurance doesn't cover poor communication. Hope you have better luck than the poor schmucks who owned the timeshares on that 'beautiful' golf course in St Maarten where the developer took the insurance money and departed.

[GrayFal Silver Contributor and supermoderator Find all posts View Profile Close GrayFal]

Resort amenities include tennis complex, three freshwater swimming pools, fitness center, tour desk, lush tropical waterfront gardens, seaside boardwalk, resort boutique, and secluded beach. In pursuit of activities you will find an abundant array - snorkeling, diving, fishing, duty-free shopping, island excursions, water aerobics bicycling, off-island adventures, and exciting nightlife - all of which can be easily arranged with the expert assistance from the resorts on-site tour desk.

The Caravanserai Beach resort combines the allure of classic elegance, Caribbean hospitality, and superb service and embraces an intimate atmosphere of luxury and comfort. Located at waters edge on Burgeaux Bay at the pulse of the entertainment district on the Dutch side of the island, this enchanting full-service resort truly captivates the mystic beauty of St. Maarten. Following a multi-million dollar transformation, the resort celebrates its 40-year renaissance with a host of new facilities and services including the addition of a state of the art gaming facility - the Dolphin Casino and three restaurants & bars.

This intimate resort offers European Plan accommodations; ocean and garden view hotel rooms, as well as ocean view apartment-style one-bedroom suites. Each of the 75 luxuriously inviting guest rooms feature tropical motifs, fabulous views and a host of modern amenities. All guest rooms provide air-conditioning, private balcony or patio, cable television, VCR, safety deposit box, direct dial telephones, fax machine, and security card lock system. Our spacious one-bedroom suites are also equipped with full kitchen facilities.

Resort amenities include tennis complex, three freshwater swimming pools, fitness center, tour desk, lush tropical waterfront gardens, seaside boardwalk, resort boutique, and secluded beach. In pursuit of activities you will find an abundant array - snorkeling, diving, fishing, duty-free shopping, island excursions, water aerobics bicycling, off-island adventures, and exciting nightlife - all of which can be easily arranged with the expert assistance from the resort's on-site tour desk.

The Caravanserai Beach resort combines the allure of classic elegance, Caribbean hospitality, and superb service and embraces an intimate atmosphere of luxury and comfort. Located at waters edge on Burgeaux Bay at the pulse of the entertainment district on the Dutch side of the island, this enchanting full-service resort truly captivates the mystic beauty of St. Maarten. Following a multi-million dollar transformation, the resort celebrates its 40-year renaissance with a host of new facilities and services including the addition of a state of the art gaming facility - the Dolphin Casino and three restaurants & bars.

This intimate resort offers European Plan accommodations; ocean and garden view hotel rooms, as well as ocean view apartment-style one-bedroom suites. Each of the 75 luxuriously inviting guest rooms feature tropical motifs, fabulous views and a host of modern amenities. All guest rooms provide air-conditioning, private balcony or patio, cable television, VCR, safety deposit box, direct dial telephones, fax machine, and security card lock system. Our spacious one-bedroom suites are also equipped with full kitchen facilities.


CaravanseraiBeachResort.com was designed and is being maintained by St. Maarten / St. Martin Online Services, a retail travel agency specializing in St. Maarten / St. Martin. Agency staff frequently visit St. Maarten/St. Martin and are constantly updated on changes in products and services. This agency typically arranges air and land packages through major tour operators - or segment arrangements through hotels, car rental companies and villa/condominium owners. Affiliated travel businesses are Casual Travel & Tours and Travel Time.

Phone Contacts:
Phone: 1.877.796.1002
Fax: 1.419.781.7694

Mailing Address:
St. Martin Online
14 Cook Drive
Athens, Ohio 45701
USA

E-mail:
stmartinonline@gmail.com

What do they say when u call?Try get 'replacement' accommodations thru their travel partner....

Caravanserai Beach Resort - St. Maarten: Home

[lawren2 Malibu Beach Barbie & A Super Moderator Find all posts View Profile Close lawren2]

If I am told right, the contract that I signed with the lessor/developer states that he would purchase the insurance for any natural disasters etc. This legally binds most parties into a contract whereas they are paid monetary funds for the condo unit in question. The only point would be- should I be compensated due to the poor communication on the management team of the resort. North American legal standards say yes. Does Caribbean law differ or are timeshares exempt from following contracts signed between parties. On your note about your home, yes, my insurance company paid for accommodations for my family when a disaster strikes. That's what insurance premiums are for.

The insurance that your resort has most probably covers for damages and repair of said damages. It would not necessarily compensate lost use and I seriously don't believe it would.

As an example, several coastal Texas resorts were closed for hurricane damage and nothing was offered in compensation to owners or exchangers.

Some resorts do try their best to make the owners "whole" if it is possible but unless Caravanserie is part of a larger resort chain they may not be able to do so. If the resort is uninhabitable then those are the breaks for owning a resort subject to hurricanes. I own in Grand Cayman and even though there is insurance we do get special assesments to cover things. Several owners hadn't been able to exchange for years...

That is what vacation insurance is for.

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

Someone suggested to me once that you could get a rider on your own homeowners insurance to cover such a loss, never did check it out.

[jfitz Member Find all posts View Profile Close jfitz]

Now, they tell myself that the unit is not ready due to the fall hurricane and I am out of luck.

While the hurricane may have had some impact, the fact of the matter is that Caravanserai is and has been woefully behind on their construction schedule but not, apparently, on their sales goals. Insurance varies but in the islands often does not include loss of use. Considering everything in St. Maarten is done on "island time", I doubt if they have any insurance for construction delays.

Since the units are incomplete, they shouldn't hold you responsible for the annual maintenance fee on a unit that doesn't exist. However, if yours is a points contract, most are at Caravanserai, then you are not guaranteed a specific week. If that is the case, as long as they have an available week in 2009 you haven't been harmed and likely owe them a 2009 maintenance fee.

Depending on the arrangement Caravanserai has with RCI, you may be able to exchange into another St. Maarten timeshare during the time frame you need. The cost of an exchange fee would certainly be better than the cost of airfare cancellation.

Dutch law is not consumer friendly nor is it very speedy. St. Maarten does not have any specific laws to protect timeshare owners. Litigation would be an expensive dead end in my view since, at best, you would likely only recover your maintenance fees for unusable years. If you are inclined to seek legal remedy there are several attorneys on the island who have been involved in timeshare litigation who would be happy to take your money.

[mechtech43 Junior Member Find all posts View Profile Close mechtech43]

I can finally say that Caravanserai has given myself two years of maintenance fees free for my inconvience. I would like to close this thread since it seems threatening them with legal consequences did give some satisfaction on my behalf. I found that most timeshares do business the same and you have to do the best you can when dealing with them.............You may now close this thread ..............