When subscriber Mac Cauley (Vienna, VA) and
his wife decided on a short April dive trip to the Dry
Tortugas, they contacted the M/V Ultimate Getaway out of Fort Myers Beach, FL. Billed as Florida’s largest
dive boat on its website (http://ultimategetaway.net), the 100’ aluminum vessel offered all-inclusive
service, unlimited diving and individual bunks for 20
passengers.
Cauley learned that the entire boat had been
booked by DeSoto Divers of nearby Arcadia, so he
was directed to DeSoto’s co-owner, Floyd Rice, and
promptly paid a $200 deposit. Then in February he
put the $1,020 balance on his Visa card. Airfare was
not included, so Cauley made his own reservations,
for another $500.
In April, Cauley called the Ultimate Getaway office
to get taxi information from the airport to the dock,
but was told the trip was in jeopardy because DeSoto
Divers was having trouble filling the boat. Cauley had
heard nothing from DeSoto since making his prepayment,
though DeSoto had all his contact information.
Cauley told Undercurrent, “I called Mr. Rice to find
out what was going on but had to leave a voice mail
message for him to call me. I never got a return call.”
When he called the boat again, Cauley was informed
that Rice had cancelled the week, forfeiting a $1500
deposit.
Sherry, the reservationist for the Ultimate Getaway,
told Undercurrent that the Ultimate Getaway has a 75-
day cancellation policy, which is why Rice lost his
deposit. She said Rice had been offered other dates,
or a one-half charter plus fuel surcharge on the original
date, but he refused them, though he supposedly
had nine bookings, one shy of a half-boatload. Like
Mac Cauley, Sherry’s had a hard time contacting
Floyd Rice since then.
In one of his last phone messages, Cauley threatened
legal redress unless he heard back from Rice.
That finally drew a response, but it wasn’t what Cauley
had hoped for. According to Cauley, Rice said he
didn’t appreciate being threatened, and advised that
Florida law gave him 30 days to provide a refund. In
frustration, Cauley lodged a formal complaint with the
Better Business Bureau of West Florida. Then he contacted
Undercurrent.
Floyd Rice’s story seems to change with whomever
he talks to. He first promised BBB’s Brandi Conaway
that he would send Cauley a full refund, but then
decided keep Cauley’s $200 deposit, claiming it was
nonrefundable. Cauley insists he was never notified
that his deposit was locked in.
Undercurrent was able to reach Rice (his answering
machine also takes messages for a funeral home) who
told us that he had decided to withhold the $1500
he had forfeited to the Ultimate Getaway from the
refunds to his clients, “on the advice of my attorney
and the Florida Better Business Bureau.” So he was
only sending $750, less than two-thirds of Cauley’s
original expenditure (not to mention the money lost
on unused airplane tickets). When we tried to question
him further, Rice replied, “I’ll give my attorney your
number. This is ridiculous,” and hung up.
Brandi Conaway told us that the BBB does not offer
legal advice, and that she had been unaware of Rice’s
latest switcheroo.
This is an example of the problems that can arise
when making reservations through unknown third parties.
According to Ultimate Getaway, DeSoto Divers had
never booked a trip with them before. Cauley took a
chance with an entity that was a stranger to him and to
the boat. In this case, it came back to bite him.
Of course, Floyd Rice assumed a business risk
when he put down his $1500 deposit for the trip, then
passed that risk along – and much more – to unwitting
clients who got nothing but aggravation for their
money. The deal stinks to us, but it seems pretty profitable
for Rice. Oh, and as this issue went to press, Mac
Cauley had never received a check for any amount.