Here is the text of the email sent to owners at Pelican Resort Club in St. Maartens. It was followed by information from the St. Maarten Timeshare Association, listing possible alternative destinations that may have discounted rates available for effected owners. (Click here to read the original story on the developing situation)
Click here to contact me.
Calling the management company ulitmately directs you to an internal management site with the same information as the emal:
February 14, 2011
Dear Timeshare Member,
We understand the closing of the resort is of great concern to everyone and we are doing everything possible to responsibly address the issues and to create a viable long-term vacation experience. To assist in understanding please see the list of Frequently Asked Questions and answers.
We will continue to keep you updated and thank you for your patience, understanding and support. We extend a special thank you to the exchange companies Interval International and R.C.I. who are working tirelessly on the relocation project. We also thank the St. Maarten Timeshare Association who is assisting with alternate accommodations options. Please see the related details below and for more information visit them at http://www.timesharestmaarten.com/news.
1. Why will the resort close?
The resort has serious unforeseen legal, financial and labor issues. More than 60 hours of face-to-face negotiation was held, ultimately unsuccessfully, attempting to negotiate with labor. Additional legal and financial issues are also being addressed such as the 2011 Annual Maintenance Fees spent in 2010 and the moveable assets.
2. Why weren’t we told about this in advance?
Every effort has been made – and will continue to be made – to provide occupancy of the resort with the least possible interruption. The closing is due to recent unforeseen events that, if not properly addressed, could threaten the long-term viability of the operation of the resort.
3. Why must the resort close now? Why can’t it wait until low season?
The closing is due to issues that are critical to the long-term viability of the operation of the resort. There is no “good time” for these situations to occur and closing the resort is not something that can be scheduled. The closing is related to the new reality, not the time of the year.
4. What happens on February 19 and 20, 2011?
No members or guests will be checked in as of February 19, 2011. All members and guests will be required to leave the resort by 10:00 a.m. on Sunday February 20, 2011 and the resort will be officially closed.
5. When will the resort reopen?
We understand this is a question of great importance. The resort will open as fast as prudent and economically viable. The long-term protection of the resort – and the timeshare usage rights – is being prioritized over short-term fixes that will ultimately come at a very high price. It is not possible to responsibly predict the time it will take to address and resolve the important issues at hand.
6. What happens to my timeshare rights?
Your timeshare usage rights are protected and are not at risk. The new owner has conveyed their recognition of your right to your villa and interval. You remain in good standing by simply paying the Annual Maintenance Fee.
7. What if the resort is closed during my usage interval?
If you are unable to use your timeshare interval due to the resort being closed and have paid your Annual Maintenance Fee, you will receive an Occupancy Adjustment allowing you to use an alternate interval in a comparable unit without any added cost.
8. When can I schedule my Occupancy Adjustment?
Occupancy Adjustments may be scheduled after the resort reopens. We will keep you informed on this matter and make every effort to exceed your expectations.
9. Will the resort find me a new place to stay if the resort is closed?
The resort is not able to provide alternate accommodations in this circumstance. Occupancy Adjustments will be provided to all Members who are unable to use their interval due to a resort closure and renters – from the company’s rental program – will receive refunds. Interval International and RCI are both actively working with exchangers to make alternate plans.
10. Will I receive a refund for any fees lost to airlines, pre-booked activities, etc.?
The resort is not able to provide reimbursement for these fees.
11. What if I already paid my 2011 AMF?
All 2011 AMF paid have been credited to your account. If you are unable to use your 2011 interval due to the closure of the resort then an Occupancy Adjustment will be issued to allow you a usage week at an acceptable date in the future.
12. What happens if I have not paid my 2011 AMF?
The 2011 AMF is due by February 12, 2011 and members are encouraged to pay on time. However, if you do not pay your AMF for 2011 you will be contacted with additional details concerning your membership and usage rights.
13. Will the Exchange Companies honor my confirmed exchange?
We recommend you promptly contact the exchange company for verification. It is important to speak directly with the exchange company to verify your personal situation.
14. Can I deposit my interval with the exchange companies?
If you deposited your interval prior to January 11, 2011 you may still be able to use your deposited 2011 interval (week). The exchange companies I.I. and RCI have advised they will not accept any new deposits until the resort is open. We recommend you promptly contact the exchange company with any questions.
15. Do I have to pay my timeshare mortgage payments?
Yes, if you are financing a timeshare purchase your mortgage payments are still contractually due. If you do not continue to pay your mortgage payments as agreed you will be contacted with additional details concerning your membership and usage rights. If you are unable to use an interval due to a resort closure you will receive an Occupancy Adjustment allowing you to use the resort at a future date.
16. What is happening at the resort?
Although the resort will close on February 20, 2011, the new owner continues to insure the property and provide the required maintenance and 24-hour security to safeguard the property.
17. What is happening with the employees?
More than 60 hours was invested negotiating with the pool of workers of the previous employer through their union representative. Proposals to the pool of workers ranged from a minimum 1-year employment agreement for all workers (with the same wages) to guaranteed permanent employment for a minimum of 80% of the workers (with the same wages). Recently a labor agreement was actually signed with the Union President guaranteeing permanent employment to at least 80% of the pool of workers of the previous employer; but the following day the agreement was not ratified by Union. More than 50 workers of the previous employer are currently working at the resort. The new owner has advised they are seeking the quickest responsible resolution to the issues and discussions continue.
18. Who is the new owner (who owns the resort)?
As of January 26, 2011 Simpson Bay Resort Owner Company B.V owns the resort. As you may know, the resort was recently auctioned and, while your usage rights continue, the ownership of the resort has changed.
19. Are the on-site concessions still operating?
The 8 tenants outside of the lobby were provided the option to continue operating.
20. Can I get my 2011 AMF returned?
No, the 2011 AMF is due to remain in good standing. If you are unable to use your interval week due to a resort closure then an Occupancy Adjustment will be provided for replacement usage in the future.
21. Is closing the resort what the new owner planned all along?
Closing the resort was never the new owners intention and it is a regretful situation. However, responsible management and prudent decisions for all stakeholders requires decisions be made that provide for a sustainable and healthy future for all timeshare member, staff, and tenants. Closing the resort hurts everyone; however, the long-term interests of the stakeholders – namely the timeshare members – are best served with an economically healthy and financially viable operation.
22. What happens to my rental payments?
If you rented from the resort’s reservation center you are entitled to receive a full refund. At your sole discretion, you may also inquire about alternate vacation destinations and alternate dates. The rental center may be contacted toll-free from the USA and Canada at 888-721-4407 and elsewhere at 954-736-5807. If you rented from any other party you should contact them directly to discuss the matter.
23. I have been trying to transfer the title of my Pelican Ownership. When can I do this?
We anticipate Title changes to be processed as soon as the resort reopens.
24. Why did the resort change names, and why are there two names?
The names had to change because the new owner does not own the names Pelican Resort Club and Pelican Marina Residences. The resort has two names to assist the exchange companies in providing the highest quality service.
25. What is being done to solve these issues?
Meetings continue every day in an effort to quickly address the current challenges. Through realistic collaboration of the parties and stakeholders, long-term solutions can be defined and agreed to which provide a stable and sustainable resort.
26. What other resorts have availability in St. Maarten?
Through the effective coordination and leadership of the St. Maarten Timeshare Association, many resorts are making the few remaining accommodations available to you at discounted rates. Please see related article below.
27. When will we receive more information?
More information is expected as early as the end of next week and it will be promptly provided.
28. How can I get more information?
We understand everyone’s interest and desire for more details. Information will be provided as it becomes available. We encourage all members who do not have an email address on file to send their complete information including Personal Identification Number (PIN), Contract Number, Interval & Unit number, address, phone, and email address to email@example.com. All contact information will be promptly updated.
Thank you for your patience. We will provide more updates as information becomes available.
Simpson Bay Resort & Marina
The Villas at Simpson Bay Resort & Marina