Home > Lawsuits > Festiva Timeshare Owners File Class Action Lawsuit
Festiva Timeshare Owners File Class Action Lawsuit
March 13 2013
Orlando, Fl: A deceptive practices class action lawsuit has been filed on behalf of timeshare owners at Festivas Orlando Resort, formerly known as Celebration World Resort, alleging that the resorts developers and managers have engaged in unfair and deceptive practices in the sale of timeshare upgrades and reservation point allocation.
The class action lawsuit, Reeves, et al. v. Zealandia Holding Company Inc., et al., cause no. 13-CA-866-MF, was filed March 1 in the 9th Judicial Circuit Court of Florida, in Osceola County.
The suit alleges that, beginning in 2004, approximately 900 parties purchased timeshare interests in Celebration World Resort Owners Association, located in Kissimmee, Fla., from B.L. Vacation Ownership Inc. Between 2008 and 2011, representatives of B.L. Vacation Ownership sold upgrades to existing timeshare owners that would increase the number of points they had to apply to timeshare reservations.
After the homeowners purchased the upgrades, B.L. Vacations sold the resort to Festiva Hospitality Group, now known as Zealandia Holding Co., and the resorts name was changed to Festivas Orlando Resort. After the sale, the lawsuit alleges, the reservation point system was changed and the upgrades that had been purchased by the timeshare owners were not honored.
The suit names the Orlando Homeowners Association, B.L. Vacation Ownership Inc., Zealandia Holding Co. and its subsidiary and affiliate companies, and RCI LLC as defendants. The suit alleges that one or more of the defendants:
Violated the resorts declaration of covenants by improperly reallocating reservation points
Violated the resorts declaration of covenants for failing to give proper notice of the reallocation
Breached the fiduciary duty owed to the timeshare owners
Violated Section 721.18(5) of Floridas timeshare law
The timeshare owners seek a refund, rescission of the upgrade sales contracts, attorneys fees and other relief the court deems proper. Plaintiffs are represented by The Finn Law Group P.A.
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My husband and I were pressured into taking over my mother in laws timeshare at her death. We were told that her estate could be affected.
We have used the timeshare over the last 5 years and have never been satisfied. Most recently we reserved a cabin in Banner Elk. When we arrived we did not have a cabin. It is an addition built on the back of the member service building. We feel boxed in. The front desk was not surprised at our disappointment and stated that she thought it was a "joke".
I want out! This was the last straw! Our contract has been paid for, we are only responsible for maintenance fees and they have told us we would have to pay 2 years fees to get out of contract!
Posted by HartNNC
All this sounds so familiar. I am an owner of Escapes to the Shores (Orange Beach). This year they literally held my unit for ransom. I had to pay fees associated with a holding company before they would "release" my reservation. Is this legal? I really want to know what to do to start a class action suit for the orange beach ETC. Now they are telling us there was a change of ownership, really? We never receive notice of such and never receive an annual statement or report of what was done with our maintenance fees for the year. The last report showed expenses involved with buying new furniture, paint and upgrades, however, when we DID go to our unit, it looked like it hadn't been painted in over 10 years, furniture was old with water mark stains and damage, there were holes in the doors, rust everywhere and black mold growing in the bathroom where a tile was damaged. Really?
Posted by dooped
we also think that the scam has been uncovered. we upgraded in 2012 to points and have used it one time in myrtle beach. since then nothing. the fees are ridiculous, and you will get no help calling member services. they only want those fees. ours is now delinquent, so more charges. you would think with all these complaints, our judicial systems could help.
we owe nothing. used the fixed week for many years and enjoyed our time at the resort, till it went down hill, rooms went down hill, but we were told we must upgrade to points to keep it. not to mention the extra week we get to pay for the points. they are over sold, and the reason we cant get what we paid for, bottom line, they are all con artist, with expensive and corrupt lawyers.
Posted by F. L. Ollis
Is there a lawsuit somewhere regarding Coral Resorts, Hilton Head. All the complaints sound the same just a different name.
Posted by Merrill and Kathy Adams
We were pressured into buying into timeshare....they are high pressured salespeople who are not going to let you go until you've signed on the dotted line and we fell for their hype.
Every year the maintenance increases to the point we can no longer afford to keep this timeshare, but a locked in so we have no recourse. My husband is now battling cancer and things are tight....is there a way we can join this lawsuit would like to settle without claiming bankruptcy...
We have never used this and can't foresee ever being able to use this service.
Posted by Norris Williams
I find myself also a victim of this fraudulent activity by Celebration World Resort and Festiva Resorts. I was sold the upgrade from weeks to points equal to 16100 points. Festiva reduce my points to 31000 and they decided not honor my contract with Celebration World Resorts. is there something I have to do to be included in this law suit.
Posted by Mary Bowman Mohs
I also have been fraudulently deceived by Celebration World resort. I was sold the upgrade increasing the number of points I would receive. Is there something I have to do to be included in this law suit.
Posted by Dee Jones
what can you do if you have lost thousands. Can you just stop paying the yearly charges?
Posted by Florence Jones
I hope the lawsuit is well. The resorts are always filled up. They shouldn't be charging for rollovers.
Posted by Hawkeye
I am also a victim and I have been fraudulently deceived by Celebration World Resort when I was sold the upgrade. I would also like to join this lawsuit.
I would like to highlight the State of Florida has also permitted (under license) Celebration World Resort to trade as a bussiness under their jurisdiction and control ALLOWING Celebration World Resort to commit fraud.
The State of Florida has also failed to take legal action against Celebration World Resort for their fraudulent bussiness dealings.
The State of Florida has also failed to protect the consumer the owners who are the victims.
With this in mind a Lawsuit should be taken out against the State of Florida
Posted by Janet Harris
Last year Festiva started charging 5cents to roll over your points that you had already payed for with your maintenance fee (you get 8000 points.). It cost me $400.00 more dollars. I wanted to use those points and I was told I would need to use my new points first and pay my new maintenance fee first!!!! The points I had the year before was dropped ( a loss to me because I did not use them around 3500 points). I am not paying $400.00 to roll over my points, this was not in my contract. Has this happened to anyone else??? Are we liable each time Festiva comes up with ways to make us pay more? How in the world can I get out of this contract, I paid several thousands of dollars for this Adventure Club and I feel they are nothing but a scam.
Posted by Danielle Smith
I an a victim as well. Was very happy with my Celebration World Resort ownership which I purchased in 2004. Festiva talked me into upgrading 2 times. Most recently lied tome about using points to cover my maintenance fees. I would like information on joining this class action law suit.
Posted by Melvin L Moore
Can any Festiva Adventure Club owner join the suit? If so, then how? I also fell like they are a scam.
Posted by Heng-wei Cheng
I am one of the owners. Any results about the lawsuit, please.
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