Orlando, Fl: A deceptive practices class action lawsuit has been filed on behalf of timeshare owners at Festiva' Orlando Resort, formerly known as Celebration World Resort, alleging that the resort' 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 resort' name was changed to Festiva' 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 resort' declaration of covenants by improperly reallocating reservation points
Violated the resort' 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 Florida' 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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I bought into Festiva in Charleston, SC at Church Street Inn in 2007, right after becoming a widow. Those people talked me until I was totally exhausted. I signed to be able to get away! I still don’t fully understand all the rules and regulations. My second husband was 19 years older than I and was talked into upgrading to points. I went along because he said it was thing to do. I have Covid related lung disease now that keeps me from doing much and my child and grandchildren are reluctant to use timeshare now because of negative news!
Posted by Carla
on
Now they have sold all but 2 of the buildings to be apartments. This was not what I signed up for. They have ran this place into the ground with only poor management to blame.
Posted by Albert Montgomery
on
I am an owner of a Festiva Resort timeshare interval in Massachusetts. The resort has two condominiums and one elected to not continue last November. A hundred days ago Festiva sued to to buy all the vacant intervals for 40 percent of the town's appraised value, less expenses. We cannot use our timeshares. The condominium has continuing maintenance costs of Festiva and the trustees (all Festiva employees) are not allowing Ramada to rent out the property at an opportunity cost of over $1 million annually. Apparently trustees told the other condominium that the resort is still solvent because they are loaning the delayed dues from condominium I owners and will recover that loan from owners when they receive proceeds from the court in two years. Festiva has not yet notified 2372 defendants of their lawsuit. Owners elected to not continue with Festiva because dues were going over $1000, in part because the trustees use a Festiva company to manage the resort, which manager uses non-competitive maintenance and hospitality companies, all Festiva companies, and each charges a profit. Many senior owners were squeezed out and gave their titles to Festiva for yet another fee, an exit fee of double maintenance.
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Posted by Lynda lynn
on
We got letter saying assessment fees will probably be assigned in Oct ...Meeting is Oct 6....I m very worried about this.....did u all get this letter.
Posted by james burns good thing
on
I have nothing but good things to say about Festiva. We purchase in 2015 and have always been able to get into the Shores at Orange Beach in June, (High demand time. . in addition have used the extra get a way weeks. They are typically low season weeks which suits us perfectly. We bank the unused points each year with RTX and have had no trouble getting into to our requested resort in Breckenridge Colorado. We love Festiva!
Posted by Cardella Nash
on
I too just like all the comments were ripped off by the lies from sales. I've contacted companies to get out of it but no one wants to help with Festiva. My feels increased but was told they would not
Posted by Mary Ann Mroz
on
Like most of the other complaints I've read, we felt like we were deceived when we purchased in 2005-ish. They told us we could exchange for cruises when in reality, you only get a couple hundred dollars
discount when you book the most expensive rooms. Otherwise, you get 50-100$ off a cruise! Like many others, we've hard problems getting a reservation where and when we'd like. I think in all these years, we've only been able to book once in Branson, MO. Even with RTX, they never seem to have anything available. And don't get me started with maintenance fees which not only go up, but they also tack on an additonal $250 for a "special assessment" in order to update different facilities. Hello, if I want to upgrade my home, I save up the money and do it out of my own funds. Wish I had someone I could sucker out of "special assessment monies!" We really want out and would be happy to join a class action lawsuit. One more note--can't tell you how many times we've been contacted by groups claiming that they can sell or get us out of our timeshare and they are just as crooked and misleading as the timeshare. Please, whoever is monitoring these complaints, don't call us with another scheme.
Posted by LB
on
Anyone else on this site know of ways to get out of this timeshare. I can't afford to keep paying the increase every year. This year it's $1700 for 8000 points. I just banked 8000 points from last year and looking at having to do it again this year. Been owned for 32 years and have 35 more years to go.
Posted by Dylan
on
Bought into Festiva when I was young and dumb. State of Maine filed a law suit that will let Maine residents back out of contract. Lawsuit was a while ago but I’m planning on writing the State and expect to be able to get released. Still more than 15,000 in the hole w/ rising maintenance fees every year. I tell everyone who mentions the word “vacation” about the sleaziest vacation company out there...Festiva.
Posted by sally
on
11/26/18 - what happened to the class action suit?
I need to get out of Festiva.. It is totally a ripofff.
Posted by Jean Yarber
on
We bought from Escapes in 2003. They promised us they would buy back. Lie. They promised the maintenance fee would never be over 350. Lie. Been trying to see it for year. Then Festiva bought Escapes out. How convenient. We tried to give it back. Turn it back in. We paid about 15,000 over the years. Now they are harassing me for the money and adding more and more to it. We are retired on a fixed income. I don’t have it. They turned it over to an collection agency. I’m fed Up!
Posted by Jerry & Marion Beverly
on
We have fallen prey to this ridiculous scam and lies from the Festiva Adventure Club site in Murrells Inlet, SC as well. We have NOT been able to book anything as it was presented to us in the presentation. When we call or look online, nothing is available. The fees are continually growing. Short of filing bankruptcy, I don't know of anything other than a class action lawsuit that will help any of us to get away from these crooks. Please include us in any action that might take place on this matter.
Posted by Harvey Ford
on
We would also like to join the lawsuit against Zealandia capital. This is the worst company ever we bought this package thinking we could go on vacation but Wow we haven't used it once. They never have anything available when we want to go. Nothing but lies
Posted by Dottie Walsh
on
Call the Federal Trade Commission 1-877-382-4357 and the more complaints better to help us all.
Posted by Jasira
on
I am an owner with the same experiences at Festiva Resort. The maintenances fees are too high and never find something available. If there is a class action against Festiva, I am interesting to be part of it to releases myself off the contract, scam.
Posted by ruce Owen Nole
on
I am a disgruntled owner of 8,000 points Biennially at the Festiva Resort called Ellington at Wachesaw East in Murrells Inlet in South Carolina. They never have anything available for trade. Maintenance fees have tripled to $1,630.00, due biennially. I upgraded my membership to an Elite membership at a total cost of $20,000.00, Trades are almost impossible to get. Making contact with their headquarters is nearly impossible, and getting any satisfaction from their main office is nearly impossible, and they never return calls. Very frustrating. Please accept me into this class action lawsuit. Ultimately, I'd greatly appreciate terminating this agreement and get some money back and to be able to move away rom Festiva Adventure Club altogether. Thank you very much.
Sincerely-
Bruce Owen Noble
Posted by Kathy Giordano
on
My husband and I have been owners for a very long time, our original purchase at Blue Ridge Village. Festiva sold us on points at first all was good. After a year we could no longer get into the properties we like and the others have declined. I’m trying to book outer banks for this summer and blue ridge village and have found they are no longer part of Festiva. Help how do I get out of this nightmare?
Posted by owner in CT
on
I just received a bill from Festiva for my maintenance fees. It went from $875 to $1200. Can they do that without notice? I think they should at least send owners a letter of notice way in advance. Has anyone had any success fighting this?
Posted by Robert Pritchard
on
I thought it was only me, but after reading these comment, I realize that I am only one of many who have been lied to, misled, and ripped off by this company. Please keep us informed and get the people who propagate this scam.
Posted by Joey Long
on
We were sold a points package by Festiva Adventure club and is has been a horror story! We can not book any dates in the summer, our points expire so we can not save up enough points to take longer vacations, When I inquired as to why there is no availability for us as owners we were informed there were no vacancies. I called the resort directly and was informed that "in fact" there were many vacant units available if I paid cash out of pocket. These people at Festiva Adventure club are selling time shares with no intention of letting the buyers of the time shares use them, so they can rent them out to others on the open market.All the while they are collecting maintenance fees and Title deed money for the "ownership" who only knows how many time shares have been bought and money collected and no service rendered to the buyers.What way is there to get a list of Festive time share owners and possibly get class action suit filed for us and many others in my situation?
Posted by V Parker
on
Please provide an update regarding the lawsuit as we are one of the silly individuals who bought a timeshare and fully regret this decision.
Posted by Linda Walker
on
We purchased from Celebration World twice. Stupid us. In total we paid $10,000.00 for 300,000 points. We had actually figured out how to use our timeshare through RCI. We had then taken several vacations. When Celebration was sold to Festiva our points were reduced to 31,000. We were totally shocked and in disbelief that they could do this. We are now unable to enjoy some of the better resorts that RCI has to offer as they are more points then we have. At one point Festiva had offered several weeks at their resort per year. Whatever happened to that we don't know but sure know that 31,000 points anywhere should not cost 10,000.00. We could have taken vacations from Trivago or another such company for many years for 10,000.00.
Posted by Vickie Adams
on
I was told all kinds of lies too. I was talked into a every other year by saying that would give me the most points. Yea but they did not tell me that your points are not good in the off year until nothing is available. I try to find anything and nothing is available so I decided to go over to RTX and just transfer points and pay the exchange so I could make reservations for that year but nothing was available for that either. I tried every month of the year and only found 5 or 6 places that you could book and I checked the All columns. My other lie I was told was about the extra vacations. I tried to book those as soon as I got the email and almost everything was gone for those and if you could not find anything you just lost them because you could not use those in the off year either. Rip Off and I had to pay more for it.
Posted by Koven Brown
on
We came back to Palm Beach in Orange Beach, AL for the first time in several years. When this facility was first built, it was first class. Returning this year was a real shocker. Refrigerator was dirty and rusted, no skirts on beds, scratched up furniture, microwave and oven were so rusty we were hesitant to cook in it, overall just run down. Carpets are worn out and dirty and rooms need painting.
Will gladly participate in a class action suit.
Posted by Tessa Wilson
on
I've been taken by Festiva as well... the deceptive lies, high pressure sales tactic and constant changes. How long can this company get by with this. Wanted to cancel next day after signing and they told us we read the papers wrong! No, they LIE... told no points lnvoloved, bank all the weeks, maintaine fee never changes, free cruises and the lies go one!!! I know several states has won suits but.... this needs to be a country lawsuit!! This is nuts ???? for allowing this to happen again and again!!
Posted by Eleanor a jones
on
Totally rip off I'm 91 years old and trying to get rid of my time shares for many years it's been a total rip off before I close my eyes please get rid of this crooked company thank u please contact if needed I don't do emails
Posted by Linda Price
on
We have been owners at Festiva/Banner Elk since 2012 and have used it twice. Last December we rolled over our points (for a substantial fee, of course) and are now told that ALL of the Festiva rooms are CLOSED for renovations until January, 2018!! How is this even possible? How is someone supposed to use points by December when it's effectively shut down until January?? High pressure sales... Rude customer service representatives.... No resolution even offered... We are done!!!! Please advise how to join any current class action suit. HELP!!
Posted by Wendy Berliner
on
I would like to join in the lawsuit of Festiva. I have nothing but comtempt for them and their lies and money making schemes. It seems every time I try to use my points they are booked. Then I find out if I want to go to that resort I can purchase a room for a supposedly lower rate, so they have rooms available but not for their members.
I tried to book something 365 days in advance and it was still booked up. Something is not right here.
Posted by Keri Swartz
on
My elderly mother has also been taken by FESTIVA DNA FRSTIVA ADVENTURE CLUB. She was an owner at Escape Branson ETC and Escapes Hot Springs ETC. She was told by sales person (at a meeting for Escape Owners in Kansas City) that the owners of Escapes lost the company and she had to buy over to Festiva in order to use her timeshares. She has not been able to stay at any of the festiva properties (except Hibiscus in St. Augustine Fl once) and over the last 4 years maintenance fee has gone from $900.00 to over $2400.00 a year. I am looking for any lawsuits or class action suits to join. I feel they prayed upon the ESCAPE OWNERS especially elderly owners.
My mother lost three timeshares to this company.
Posted by N Mistry
on
We bought from Celebration World Resort in 2002 and have tried to get out of it by listing with many marketing companies and have been scammed. We would like to get out of this timeshare. Can anyone help how we can get out this mess?
Posted by Cherie Phillips
on
We are also owners Festivia Adventue Club
. ( Zealand Capital ) is there any information on a lawsuit for this time share company.
Posted by Sandra Dobrowolski
on
I purchased my timeshare in 2000 at Celebration World in Orlando with my husband who has since passed away. We upgraded in 2004 for 98,000 points at an additional cost of $1995. We upgraded a second time in 2009 for an additional $2,730 at which time we were receiving 230,000 points every other year. Since Festiva took over they are only giving me 33,000 every other year. I PAID for these up grades AND I pay the maintenance and taxes each year. How can they take something away I have paid to have?!?!? Please let me know how I go about attaching to this suit.
Posted by Linda
on
My mom purchased her timeshare with Celebration Resort in 1999 with my sister. My sister fell off the grid and my husband and I agreed to take over to help her out, not fully understanding what we were getting into. It is paid off, but the maintenance fees and taxes are over $800 now and continue to go up. It was originally in the $300's. There seems to be no legal way out. What will be the consequences to my children and my family? My husband and I were offered the increased points, but declined it because it seemed like you have to dump more money it. This just doesn't seem right.
Posted by W&MGayles
on
We have not used the timeshare over the last 5 years and have never been able to rent or get the dates we want. They requested to change our points to a week because we could never get what we wanted. When they changed to weeks, it's only for every other year. We want to join the sit. I would like to just sell the it.
Posted by Heidi Francke
on
I was given this timeshare as a gift from my mother. She paid top dollar. They promised her points would be transferred which did not happen. Repeated calls to customer service resulted in nothing. This is a SCAM. I will not pay maintenance fee and have registered a complaint with attorney general. This organization is known to be 100% crooked. They took advantage of my mother and should be ashamed of themselves.
Posted by Mike Raether
on
We own i Wisconsin Dells Wisconsin. When we purchased they took 2 other timeshare properties "in trade" i wrote them a check for the "trade". For 3 years i continued to get maintenance bills from one place. Finally i Called Festiva. Told them of the issue. First they said nothing they could do. So i said. i had the cancelled check and contract that they were going to take over this property. So either they do that or void the contract and return "all of my money". That was the last i heard i own more than one timeshare, Festiva is the highest maintence, most expensive and least desirable of the properties i own. i think they are a SCAM along with BLUEGREEN which is also a scam.
Posted by Frank
on
Festiva Resort is a scam my wife and I have 1 bed room 46000 points. the maintenance fees of 786.35 is way to much. I have another time share at Vacation village 92500 points, 2 bed room maintenance is 100.00 LESS than festiva they are crooks.
Posted by sandra stickler
on
Our loan was sent to Zelandia collection soon afte r purchase. I paid off my loan when I realized that they
charged $2.50 a day interest. With fees rising every year and no satisfaction, I would like to know whether anyone has seen any results from this class action suit and how do I join?
Posted by MSBurger
on
My husband and I fell prey to the same misleading, untruthful sales tactics. We were told we could use our points to go to any destination, but every time we have looked for something there is no availability. They told us we could use it for cruises however we are unable to do that through Festiva alone. It requires that we pay an additional annual subscription to interval international. We have had this timeshare since 2009 and never been able to use it to go anywhere. We bought in at Ellington in Myrtle Beach SC, which we never intended to use as it is not on the beach and we do not play golf. Not a problem, is what the sales rep and manager told us, all we needed to do is turn in our week for any other destination. We did pay an additional $250 to go to a managers meeting one summer where we would have to sit through a meeting that was designed to help us utilize the timeshare better, but rather we were told that in order to use our timeshare we really needed to buy more points so that we could actually go to the destinations we would like during the time of year we wanted because as a base member we didn't have the points to during peak season, which means our best bet in booking is try going to the beach during winter week days. We were also told we could trade our points on Expedia but have not had success with that either.
Posted by Janet Fox
on
Festiva bought out our time share we owned in Coconut Palms II, New Smyrna Beach, FL. They had all this double talk about having to raise fees, a better point system and if you ever wanted to trade, you had to buy into the point system. Long story short... our maintenance fees went from 300 dollars a year to the membership fees of 1400 dollars! Then it is the points that they really don't explain how to use, or you can convert them to credits so you don't lose them. On and on it goes. You can't do anything by email. They want you to call. I work 2 jobs and don't have time to play phone jockey. Biggest mistake I ever made was to even talk to them. Everything they told us in the ownership meeting was a lie. Then they try to act like they can make it better. But they never called me back. I wish I could get out!
Posted by Bill & Darlene Sparks
on
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!
Any advice??
Posted by HartNNC
on
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
on
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
on
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
on
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
on
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
on
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
on
what can you do if you have lost thousands. Can you just stop paying the yearly charges?
Posted by Florence Jones
on
I hope the lawsuit is well. The resorts are always filled up. They shouldn't be charging for rollovers.
Posted by Hawkeye
on
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
on
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
on
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
on
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
on
I am one of the owners. Any results about the lawsuit, please.
Thanks.
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