Marriott Desert Villas - Floating Week

big ben · Oct 25, 2014

Would someone be so kind as to explain why I am unable to book a week stay anytime between now and 1st week of December (end of white season, which I own), but I can go on Marriott website and rent hundreds of weeks if I wanted to. BTW: I have a deeded, one-week interest in this property (floating white season) and not trying to exchange in, redeem points, etc.

Thank you.

SueDonJ · Oct 25, 2014

Inventory is always kept separate according to the pool of Weeks owned and not given up for other usage options or not eligible to be booked, and the pool of all the rest which Marriott can offer for rental. That's why a week can't just be moved from Marriott's inventory to the pool available to Owners.

I'm not sure that I'm interpreting your question correctly but it sounds like you want to use your 2014 White season Week to book a stay sometime in the next five weeks, before December 1 this year? If that's the case, the Reservation Window for this time period opened twelve months prior to each of the check-in days. It may be that others who also own White season Weeks have already booked all of the available intervals in the owner pool. It may also be that if any were left unbooked 75 days (or whatever the number of days is in the resort's governing documents) prior to check-in, Marriott has the right by virtue of those governing docs to take those for their own use/profit.

Of course you're understandably aggravated but this is why they say that you should book as soon as possible after the Reservation Windows open because availability is limited by a number of different factors. You may be able to obtain a replacement Week which can be deposited to II for an exchange request, if you contact Owner Services as soon as possible and plead your case. There's no guarantee it will happen but it's worth a try. Good luck, and welcome to TUG!

BocaBoy · Oct 25, 2014

big ben said:
Would someone be so kind as to explain why I am unable to book a week stay anytime between now and 1st week of December (end of white season, which I own), but I can go on Marriott website and rent hundreds of weeks if I wanted to. BTW: I have a deeded, one-week interest in this property (floating white season) and not trying to exchange in, redeem points, etc.

Thank you.

This would not necessarily be surprising unless the White season had not yet started and you were still 75 or so days ahead of it. In that case there would definitely be a White season week for you. The availability on marriott.com is weeks that owners have traded for MR points or have otherwise been turned over for Marriott's use.

rthib · Oct 25, 2014

big ben said:
Would someone be so kind as to explain why I am unable to book a week stay anytime between now and 1st week of December (end of white season, which I own), but I can go on Marriott website and rent hundreds of weeks if I wanted to. BTW: I have a deeded, one-week interest in this property (floating white season) and not trying to exchange in, redeem points, etc.

Thank you.

White Season also included early Summer.
So it is possible that all of the other owners picked this time period last year when it was available and the only availability for you was then(early summer) which has passed.
As others said, the availability you are seeing is weeks that have been surrendered to Marriott by owners and/or weeks Marriott still owns due to foreclosure etc...

big ben · Oct 26, 2014

I want to thank everyone that posted a response to my question. Just to elaborate, I just purchased my deeded week in late August 2014 (along with payment of 2014 maintenance fees). Certainly, all white season owners have not booked their 2014 usage, as I am a white season owner. It was also impossible for me to book before September / October.

As to the poster who opined, "the availability you are seeing is weeks that have been surrendered to Marriott by owners and/or weeks Marriott still owns due to foreclosure etc..." I ask what does this matter? If Marriott owns weeks and I own weeks, why does Marriott get to block me out? Why does Marriott take precedence over me?

I realize I am being simplistic, but I think this should be a simplistic process. If someone purchases a week for a specific season and there are rooms available during that season (not booked by anyone), seems the timeshare owner should be allowed to book the room -- especially since it is going to go unused by anyone.

BocaBoy · Oct 26, 2014

What you are missing is that each of these available weeks also has an owner. Some of these owners have given Marriott their week, so Marriott has just as much right to use "their" week as you do to yours. They are choosing to rent it out. And when Marriott actually owns the week (e.g., through foreclosure), they are a timeshare owner just like you and they often choose to rent out their week. They reserved it and you did not.

big ben · Oct 27, 2014

BocaBoy: I am not trying to be argumentative, but what you seem to be missing is that a.) Marriott is preventing me from using my week and b.) while Marriott may own weeks due to foreclosure, etc., it seems to be placing its interest ahead of mine.

SueDonJ · Oct 27, 2014

big ben said:
BocaBoy: I am not trying to be argumentative, but what you seem to be missing is that a.) Marriott is preventing me from using my week and b.) while Marriott may own weeks due to foreclosure, etc., it seems to be placing its interest ahead of mine.

I am also not trying to be argumentative but, no. When it comes to the rights to book and use Weeks Marriot's interests aren't ahead of yours, they're equal to yours. They got there first in claiming usage of available intervals. You wouldn't expect any other Owner to have to give up a reserved week that you want but s/he booked before you could - why expect Marriott to do so?

rthib · Oct 27, 2014

The other part that seems to be missing in this conversation is confusing Marriott with Marriott Vacation club. They are not the same company.

If you are seeing inventory on Marriott.com, Marriott Vacation club has use to those weeks and turned them over to Marriott to manage. They are no longer available for weeks owners.

"Certainly, all white season owners have not booked their 2014 usage"
Actually that is probably not true. Most weeks are booked 1 year out.
Any week booked now and deposited would be a late deposit and have diminished value if exchanged.

If you bought in August from Marriott, the time to book a week was during the purchase as they might have pulled some strings to close the deal.

If you bought from resale "caveat emptor", you should have required that owner to have booked a week before closing the deal.

As a reminder, you have passed the time for 2015 usage and are coming up on remaining.
And do not be surprised if you have trouble booking in December. While most owners can book at 12 month, those of us with multiple weeks can book at 13+ months out. So if you wait to book the last week of your season, you may find no availability still and have to pick an Summer week.

Remember that with any time share purchase, you have the right to book a week "sometime" during you season - not necessarily the week you want.
If part of your season has passed, your sometime may have been then.

downtownrb · Oct 27, 2014

Lots of useful info in this thread. I am hoping to avoid the same situation which brought me here.

I am in the process of ROFR / Closing of a Platinum Barony Beach unit where a 2015 week has not been reserved yet from the seller. I understand I missed the 12 month window and expect to close in December.

Since the Platinum weeks do not begin until late spring 2015 - I should be able to get something, right?

MALC9990 · Oct 27, 2014

big ben said:
I want to thank everyone that posted a response to my question. Just to elaborate, I just purchased my deeded week in late August 2014 (along with payment of 2014 maintenance fees). Certainly, all white season owners have not booked their 2014 usage, as I am a white season owner. It was also impossible for me to book before September / October.

As to the poster who opined, "the availability you are seeing is weeks that have been surrendered to Marriott by owners and/or weeks Marriott still owns due to foreclosure etc..." I ask what does this matter? If Marriott owns weeks and I own weeks, why does Marriott get to block me out? Why does Marriott take precedence over me?

I realize I am being simplistic, but I think this should be a simplistic process. If someone purchases a week for a specific season and there are rooms available during that season (not booked by anyone), seems the timeshare owner should be allowed to book the room -- especially since it is going to go unused by anyone.

Let me deal with the hard question first. You purchased a week (white season) and this was almost certainly a resale purchase since MVW now only sell points. The purchase did not close until Late Sept / Early October and so until then you could not make the 2014 reservation. Additionally you have paid the 2014 MFs as part of this purchase. So why can you not make a reservation for the 2014 white season. Well simply put you are too late to make the reservation. The remaining 2014 white season weeks have all been taken either by owners or by Marriott. Marriott will have given owners MR points for those weeks that Marriott is now offering to rent on Marriott.com. Those weeks are taken and cannot be used by you as an owner. MVW will at 75 days prior to check-in take any unreserved weeks and may do with those weeks as they please - they may deposit them with II for exchanges, they my pass them to Marriott to rent for them, they may sell them to Interval International (II) to then be sold on as getaway weeks by II.

I have been in this position myself with a resale week purchase where completion was delayed until it was too late for me to make a reservation. What I did to resolve this was to call MVW and ask a rep to use my week for a deposit with II and so get a week deposited into my II account for use at a future date - within the next 2 years. MVW will be able to do this for you BUT you must call ASAP. I would also advise that you not beat up on the rep - they do not have to do this for you but if you explain that the closure of the purchase was delayed and that you only just got to be able to reserve your week and it is too late - then they will help you.

Second Question. So how does a floating week system work?

Basically owners in a floating week system can book any week in their season (White in your case) and may make that booking from 12 months in advance. As weeks get booked availability for specific check-in dates will diminish and eventually vanish. Owners may reserve the week of their choice and then decide to use it or deposit it with II for exchange at a date in the future. Owners may also trade their right to book a week with Marriott Rewards in exchange for a defined number of MR points. As a resale week owner you do not have that option.

Once a check-in date gets to within 75 days, MVW (the Timeshare Operating Company) has the right to take for their own use any unreserved weeks. They may decide to do whatever they like with those weeks. Their objective will be to fill those units in any way they can.

This may seem very unfair to you at the moment. I would guess that you have not even seen the governing documents for your resort since you have purchased on the resale market. Unfortunately that is how the system works and you do not have any availability to book a week before the end of 2014.

So get on the phone to an MVW rep and get them to make a deposit with II for you - if you do not yet have an II account then get online to Interval International and register for an account and pay the annual membership fee ASAP.

MALC9990 · Oct 27, 2014

downtownrb said:
Lots of useful info in this thread. I am hoping to avoid the same situation which brought me here.

I am in the process of ROFR / Closing of a Platinum Barony Beach unit where a 2015 week has not been reserved yet from the seller. I understand I missed the 12 month window and expect to close in December.

Since the Platinum weeks do not begin until late spring 2015 - I should be able to get something, right?

Option 1 - get the seller to make a reservation for you now. He /she can then put your name on the reservation once the sale has completed.

Option 2 - speak with an MVW rep as soon as the sale has closed and h=get a week deposited with II.

BJRSanDiego · Oct 27, 2014

A suggestion

Big Ben,

I suggest that you call Marriott Owner Services and explain that if you cannot reserve a 2014 week that you would like Marriott to give you a "replacement" week.

For example (Although it may sound strange), they could deposit a week that was part of their bulk deposit but was not used for exchange purposes. It might not even be from your own resort. Last year (2013) I had a situation where Marriott deposited a summer (low demand) week from the previous July (2013) into my Interval account. It was a week that had already passed, so it had no value other than for exchange purposes in Interval. But, this deposit still had trading value (two years from the original check-in date). Not exactly a "fresh" deposit, but hey, getting about 18 months to use it worked for me.

I've heard of other people getting replacement weeks.

Give them a call and see if they can help. (It may help to be obsequious rather than argumentative) :banana:

big ben · Oct 28, 2014

BJRSanDiego: I try to be neither obsequious nor overly argumentative, choosing for the most part to be of a demeanor somewhere in between. This has generally served me well in life

Kidding aside, though, it does seem like many timeshareres are obsequious - willing to accept whatever Marriott dictates is the law of the land.

I did establish an II account, deposited my 2014 unusable week with them (why they would want it is a mystery to me), and was adised I could book a replacement week anytime within the next 24 months. Let's see if it happens ?!? Suffice to say, I have already booked my 2015 weeks.

Bottom Line: There will be at least 30, 2-bedroom villas that will go unoccupied by anyone at Marriott Desert Springs Villas 1 next week (November 1-8). I confirmed this with various Marriott personnel. Seems totally ridiculous that I, as a deeded owner at the resort who is current in maintenance fees, can not use - notwithstanding all the obsequious people who want to tell me "that's the way things are."

I want to thank everyone who has posted here and offered me advise. I think I have obtained a satisfactory work around to my problem.

Big Ben

SueDonJ · Oct 28, 2014

big ben said:
BJRSanDiego: I try to be neither obsequious nor overly argumentative, choosing for the most part to be of a demeanor somewhere in between. This has generally served me well in life Kidding aside, though, it does seem like many timeshareres are obsequious - willing to accept whatever Marriott dictates is the law of the land.

I did establish an II account, deposited my 2014 unusable week with them (why they would want it is a mystery to me), and was adised I could book a replacement week anytime within the next 24 months. Let's see if it happens ?!? Suffice to say, I have already booked my 2015 weeks.

Bottom Line: There will be at least 30, 2-bedroom villas that will go unoccupied by anyone at Marriott Desert Springs Villas 1 next week (November 1-8). I confirmed this with various Marriott personnel. Seems totally ridiculous that I, as a deeded owner at the resort who is current in maintenance fees, can not use - notwithstanding all the obsequious people who want to tell me "that's the way things are."

I want to thank everyone who has posted here and offered me advise. I think I have obtained a satisfactory work around to my problem.

Big Ben

You're welcome, Ben, and I'm glad we were able to help. As you've learned, your situation happens fairly frequently with external resales. In my opinion it's good that Marriott has developed a solution that while not ideal allows you some form of usage in the year of purchase, and - more importantly - conforms to the legal requirements/limitations of both Marriott AND Owners.

As an Owner now you will undoubtably learn that the legalities which you so cavalierly dismiss exist to protect you as well as Marriott. Here's a hint for the next time you find yourself not understanding something about your ownership and you want help from the good, patient folks on TUG - don't insult us. We are not "obsequious;" we certainly don't blindly accept whatever Marriott tells us. The difference between you and us is, we've reviewed the governing documents for our resorts and understand the contractual relationship between Owners and Marriott.

big ben · Oct 29, 2014

Susan: I have a law degree and assure you I never "cavalierly (or otherwise) dismiss legalities." I similarly do not accept things as legal just because a company (or its shareholders) think they are so. Marriott has been on the losing end of a number of large class action lawsuits in recent years - one of which I personally filed against the company and secured favorable judgment about a decade ago.

As you may be aware, Marriott is facing 2 current class action lawsuits related to its timeshare sales and management practices. You can read about them here:

http://www.nfllp.com/Law_Firm_News/...nies_Marriott_Resorts_Motion_To_Dismiss_.aspx

http://www.bizjournals.com/orlando/...acation-club-sued-over-timeshare-program.html

Bottom Line: Obsequious people are prone to believe that if Marriott puts a clause or provision in a governing document, it is legally enforceable. Attorneys know this is not necessarily the case. In any event, you seem happy with the deal you struck with Marriott, so if you happen to be included as a member of either of the above two class action cases, you can opt out and walk away from any monies you would otherwise be due.

Peace and happy timesharing.

SueDonJ · Oct 29, 2014

big ben said:
Susan: I have a law degree and assure you I never "cavalierly (or otherwise) dismiss legalities." I similarly do not accept things as legal just because a company (or its shareholders) think they are so. Marriott has been on the losing end of a number of large class action lawsuits in recent years - one of which I personally filed against the company and secured favorable judgment about a decade ago.

As you may be aware, Marriott is facing 2 current class action lawsuits related to its timeshare sales and management practices. You can read about them here:

http://www.nfllp.com/Law_Firm_News/...nies_Marriott_Resorts_Motion_To_Dismiss_.aspx

http://www.bizjournals.com/orlando/...acation-club-sued-over-timeshare-program.html

Bottom Line: Obsequious people are prone to believe that if Marriott puts a clause or provision in a governing document, it is legally enforceable. Attorneys know this is not necessarily the case. In any event, you seem happy with the deal you struck with Marriott, so if you happen to be included as a member of either of the above two class action cases, you can opt out and walk away from any monies you would otherwise be due.

Peace and happy timesharing.

Again, we're not "obsequious" just because we recognize the near-futility (and expense) of legally challenging Marriott over the one issue you've brought up in this thread, that if the first year of use of an external resale is the current year, availability will be severely limited due to the applicable Reservation Windows having been open for some time prior. That means other Owners and Marriott could have exercised their rights to the current/purchase-year intervals at some point before the new external purchaser could. (So if you plan on fighting against Marriott's rights here, please be careful that you don't trample all over the other Owners' rights as well.)

TUGgers have discussed the two lawsuits you mentioned, and no I'm not a member of either of those classes. But if I were I wouldn't be thinking about opting out this early in the process - that wouldn't be just "obsequious," it would be foolish. Seems odd that an attorney would suggest it ...

Anyway, if you're actually interested you can use the search function to find the TUG discussions related to both the two lawsuits for which you provided links as well as a couple others pending that involve Marriott, Ritz-Carlton and/or MVW. Anyone's point of view is welcome in those sorts of threads.

BJRSanDiego · Oct 29, 2014

big ben said:
BJRSanDiego: I try to be neither obsequious nor overly argumentative, choosing for the most part to be of a demeanor somewhere in between. This has generally served me well in life Kidding aside, though, it does seem like many timeshareres are obsequious - willing to accept whatever Marriott dictates is the law of the land.

I did establish an II account, deposited my 2014 unusable week with them (why they would want it is a mystery to me), and was adised I could book a replacement week anytime within the next 24 months. Let's see if it happens ?!? Suffice to say, I have already booked my 2015 weeks.

Bottom Line: There will be at least 30, 2-bedroom villas that will go unoccupied by anyone at Marriott Desert Springs Villas 1 next week (November 1-8). I confirmed this with various Marriott personnel. Seems totally ridiculous that I, as a deeded owner at the resort who is current in maintenance fees, can not use - notwithstanding all the obsequious people who want to tell me "that's the way things are."

I want to thank everyone who has posted here and offered me advise. I think I have obtained a satisfactory work around to my problem.

Big Ben

So you got a replacement week. I'm glad that you followed that advice and got results. I found that my replacement week has the Marriott preference and is actually a pretty good trader.

Maybe my choice of words regarding being obsequious was not the best. You seemed to take offence.

I just find that if I act like an arrogant, angry and threatening bastard :wall:

when on the phone asking for help, that I don't do nearly as well as taking a calmer, non-threatening but persistent, asking-for help approach.

s1b000 · Oct 30, 2014

MALC9990 said:
Let me deal with the hard question first. You purchased a week (white season) and this was almost certainly a resale purchase since MVW now only sell points. The purchase did not close until Late Sept / Early October and so until then you could not make the 2014 reservation. Additionally you have paid the 2014 MFs as part of this purchase. So why can you not make a reservation for the 2014 white season. Well simply put you are too late to make the reservation. The remaining 2014 white season weeks have all been taken either by owners or by Marriott. Marriott will have given owners MR points for those weeks that Marriott is now offering to rent on Marriott.com. Those weeks are taken and cannot be used by you as an owner. MVW will at 75 days prior to check-in take any unreserved weeks and may do with those weeks as they please - they may deposit them with II for exchanges, they my pass them to Marriott to rent for them, they may sell them to Interval International (II) to then be sold on as getaway weeks by II.

I have been in this position myself with a resale week purchase where completion was delayed until it was too late for me to make a reservation. What I did to resolve this was to call MVW and ask a rep to use my week for a deposit with II and so get a week deposited into my II account for use at a future date - within the next 2 years. MVW will be able to do this for you BUT you must call ASAP. I would also advise that you not beat up on the rep - they do not have to do this for you but if you explain that the closure of the purchase was delayed and that you only just got to be able to reserve your week and it is too late - then they will help you.

Second Question. So how does a floating week system work?

Basically owners in a floating week system can book any week in their season (White in your case) and may make that booking from 12 months in advance. As weeks get booked availability for specific check-in dates will diminish and eventually vanish. Owners may reserve the week of their choice and then decide to use it or deposit it with II for exchange at a date in the future. Owners may also trade their right to book a week with Marriott Rewards in exchange for a defined number of MR points. As a resale week owner you do not have that option.

Once a check-in date gets to within 75 days, MVW (the Timeshare Operating Company) has the right to take for their own use any unreserved weeks. They may decide to do whatever they like with those weeks. Their objective will be to fill those units in any way they can.

This may seem very unfair to you at the moment. I would guess that you have not even seen the governing documents for your resort since you have purchased on the resale market. Unfortunately that is how the system works and you do not have any availability to book a week before the end of 2014.

So get on the phone to an MVW rep and get them to make a deposit with II for you - if you do not yet have an II account then get online to Interval International and register for an account and pay the annual membership fee ASAP.

This is good advice, and I had a similar issue when I purchased a resale platinum DSV week too late to book a 2014 week. They were nice and able to give me a week to exchange with II, and I will be spending that week at Ko Olina next month.

Marriott Desert Villas - Floating Week

big ben

SueDonJ

BocaBoy

rthib

big ben

BocaBoy

big ben

SueDonJ

rthib

downtownrb

MALC9990

MALC9990

BJRSanDiego

TUG Review Crew: Expert

big ben

SueDonJ

big ben

SueDonJ

BJRSanDiego

TUG Review Crew: Expert

s1b000

TUG Review Crew