Travel
Car Rentals
Some car rental companies use questionable tactics when negotiating or offering rental contracts, which can include last minute charges or intimidation and scare tactics to coerce consumers into buying unnecessary coverage. Before signing a rental contract, please consider the following:
Make sure you get what you need.
A rental company scam is attempting to intimidate consumers into buying extras they do not need. One of the most common “offers” is the collision damage waivers, which release drivers from charges for damage which may occur to the automobile. Check your own insurance policy or credit card agreement as you may already be covered for such damage. The rental agency collision damage waiver may also exclude coverage when the car is stolen, where there is tire damage or for drivers who have taken drugs or alcohol (even when the drug is nothing more than over-the-counter cold or headache medicine).
Make sure you get what you want.
Advertised low rates may be subject to add-on charges for the extras you really want. Additionally, consider the hidden costs of a “free” upgrade. Larger vehicles can be significantly less fuel-efficient than smaller ones, so take that into consideration when offered an upgrade.
Gas up before return the vehicle.
Many car rental companies give drivers a full tank of gas and ask that you return it with a full tank. Make sure you fill it up before returning the car, as the rental agency will often charge significantly more than the market price for a gallon of gas. In addition, keep the gas station receipt and note the mileage driven from the gas station to the rental agency in case the rental agency attempts to add a gas charge.
Watch the clock.
You will be told to return your car by a certain time to avoid late charges. Make sure to keep a close eye on the time, because keeping a car past the deadline can subject you to being charged for an entire extra day, possibly at a higher rate than the one for which you signed up.
Get the best rate.
If you are a business traveler, don’t automatically assume the corporate rate will be the lowest. Although corporate rates typically offer free insurance and mileage, they may not be competitive with promotional rates. Instead, ask for the lowest available rate to make sure you are not paying too much.
Know the rental may be subject to additional fees and charges.
Ask what fees and taxes could be included in the final bill and how much they are. Possible fees include early or late return; airport surcharges; fuel charges; mileage fees; roadside assistance fees; or fees related to equipment such as a navigation system, a car seat or a toll pass. Florida has cashless toll roads throughout the state, and the toll cost as well as the rental company’s toll fee will be charged to your card after the rental is returned. The toll costs may not appear on your credit card until several days or even a few weeks after you have returned the rental car. Ask what fees the company charges and if there is a daily rate or a charge per toll. Compare rates across the various rental companies and be sure to include applicable taxes and fees in the comparison. Once you have secured a rental vehicle, inspect it carefully before leaving the lot. Note any damage and bring it to the attention of the rental agent. Take a photo if possible to document any pre-existing damage so you will not be charged for it upon returning the vehicle.
File a complaint.
You may file a complaint against a car rental company with the Attorney General’s Office online at MyFloridaLegal.com or by phone at 1(866) 9NO-SCAM. Additionally, you may file a complaint with the Federal Trade Commission online using their complaint assistant portal at FTC.gov/complaint. You may also wish to file a complaint against the rental company with the Better Business Bureau online at bbb.org.
You may also file a complaint with the Florida Department of Agriculture and Consumer Services, which acts as the State's consumer complaint clearinghouse, at FloridaConsumerHelp.com.
Timeshare Sales & Resales
Vacation timeshares give you the right to use a vacation home for a limited, pre-planned period. Timeshare scams occur both at the time of the original purchase and when you try to resell the timeshare. Victims of timeshare sales companies are contacted either over the phone or are mailed a postcard asking the victim to call a toll-free phone number. Once they call, victims are told that a buyer is ready and willing to purchase their timeshare if they merely pay listing fees or taxes. However, after a victim pays, the sale of the timeshare never goes through, and he or she is unable to get a refund. Before you decide to either purchase or sell a timeshare, consider the following:
Know the new laws in Florida.
In the 2011 legislative session, new legislation was unveiled to further protect consumers from timeshare resale fraud, a top complaint received by the Attorney General’s Office. The Timeshare Resale Accountability Act includes the following provisions:
• A timeshare resale advertiser may not misrepresent a pre-existing interest in the owner’s timeshare.
• A timeshare resale advertiser may not mislead a customer as to the success rate of the advertiser’s sales.
• A timeshare resale advertiser may not provide brokerage or direct sale services.
• A timeshare resale advertiser must honor a cancellation request made within 7 days following a signed agreement.
• A timeshare resale advertiser must provide a full refund to a timeshare owner within 20 days of a valid cancellation request.
• A timeshare resale advertiser must not collect any payment or engage in any resale advertising activities until the timeshare owner delivers a signed written agreement for the services.
• A timeshare resale advertiser must also provide a full disclosure statement printed in bold type, with no smaller than a 12-point font, and printed immediately preceding the space provided for the timeshare owner’s signature.
• A timeshare advertising agreement must be put in writing.
• A company who violates these provisions has committed a violation of the Unfair and Deceptive Trade Practices Act with a penalty not to exceed $15,000 per violation.
Be wary of the hard sales pitch.
When it comes to purchasing a new timeshare, the salesman may try to give you the impression that the papers must be signed that same day. Remember that you always have the right to leave the sales office and come back later. If you attend a timeshare sales presentation, leave the room if the sales pitch becomes too aggressive or if you feel pressured by the salesperson.
Read your contract to determine what cancellation rights you have after you have signed the papers. Make sure you understand exactly what you are signing and consider having an attorney look over the contract before you sign it. Before buying a timeshare, you should consider whether you will want to return to the same vacation spot each year. Remember that once you buy it, you may not be able to sell it due to a crowded resale market.
Be wary of too-good-to-be-true claims when it comes to resales.
The company’s salespeople are likely to claim that the market in the area where your resort is located is "hot" and that they are being overwhelmed with buyer requests for your resort. In some cases, the salespeople may even tell you that they have a buyer “waiting in the wings” who wants to buy your timeshare. Be very skeptical of these types of claims.
Consider other options when it comes to resale.
You may want to try selling your timeshare "by owner" by placing an advertisement in a newsletter or magazine read by potential timeshare buyers. Or you may want to list your timeshare with a licensed real estate broker in the area where your resort is located. As an alternative, you could contract with a company which allows you to exchange your timeshare for a unit in a different area.
File a complaint.
If you are defrauded by a timeshare seller or reseller, file a complaint with the Attorney General's Office online at MyFloridaLegal.com or by phone toll-free at 1(866) 9NO-SCAM. Additionally, you may contact the Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums and Mobile Homes, Bureau of Timeshares online at MyFloridaLicense.com/dbpr/lsc/timeshare.html or by phone at (850) 488-1122.
You may also file a complaint with the Florida Department of Agriculture and Consumer Services, which acts as the State's consumer complaint clearinghouse, at FloridaConsumerHelp.com.
Vacation Certificates
A vacation certificate is an arrangement whereby you pay in advance for the use of travel accommodations or facilities at some later date, and no specific dates for traveling or use of the accommodations or facilities are designated. A typical vacation certificate will be offered by sending consumers post cards or letters telling them that they have been "chosen" or have been "selected to receive" a "fabulous vacation." You may see these offers in your email inbox, or the sellers of travel certificates may contact you by telephone. The vacation may include travel and accommodations, or simply the accommodations, making you responsible for paying to travel to your vacation spot.
You should be especially careful when buying this type of service, since you will be paying today for a service which you might not want to use for a months or even years . You will be throwing your money away if you buy from a company that will be out of business by the time you want to take your trip. You will also be making the purchase of these services "sight unseen." Even if you can take your trip, the "bargain" price could end up being way too expensive for less than satisfactory accommodations, or accommodations that are non-existent.
Be wary of any seller of travel who tells you that you must make up your mind about purchasing during the call. Before deciding on any vacation certificate arrangement, you should always call the Florida Department of Agriculture and Consumer Services at 1(800) 435-7352 to determine whether the company is registered, how long it has been in business, and whether there are any complaints against it. Additionally, The Florida Department of Agriculture and Consumer Services have helpful information on its website at fdacs.gov/. Consumers can file a complaint online or have the form sent to them.
Be particularly wary if the seller of travel certificates is located out of state. Chapter 559, Florida Statutes, requires all sellers of travel operating within the state to be registered and to comply with stringent requirements. For example, all advertising by registered sellers must include the seller's registration number.
"Valuable" coupons for restaurants or local attractions, offered to induce you to buy the vacation certificate, may be non-existent, or may not be bargains at all due to the limited conditions under which you may redeem these bonus items.
Do not give your credit card number to anyone over the telephone unless you initiated the call and are sure that the company's offer is legitimate. It is never a good idea to give your checking account number during a telephone sale.
Be wary of any seller of travel offering you free accommodations if you purchase airfare through the seller. You may pay more than if you arrange the trip on your own through a travel agent.
If you decide you want to buy the certificate, the seller is required to send you a contract telling you all the terms and conditions of the vacation certificate, including your total financial obligation, all eligibility requirements, and instructions on how reservations are to be made.
You have a right to cancel your purchase and receive a refund within 30 days of the date of purchase or receipt of the vacation certificate, whichever occurs later. You may also have the right to cancel at any time if the accommodations or facilities are not available pursuant to a request for use provided in the contract if certain statutory terms and conditions are met. You must advise the seller in writing of your wish to cancel, and include the certificate. The seller has 30 days from the time of receipt of your notice of cancellation to send you a full refund.
If you decide to keep the certificate and take the trip, don't leave home without confirming all your hotel accommodations personally.