Sea Splash and Living Social Information

Response from owner of Sea Splash Resort – Patrick Lawe:


I got a call from the Manager, Sheryl Clarke, at Sea Splash (S/S) last night, obviously quite alarmed at the fallout from the Living Social deals.

I had never visited the Negril.com site before. I live 150 miles away in Kingston and have been very involved and busy with a business there. I decided to take a look and was utterly astounded by the negative things that have been said and are being said regarding Sea Splash and about me from the Jim and Ted’s Excellent Adventure deal all the way to the current Living Social scenario.

I value my reputation and my good name and whatever I do I try to do it well, so I am going to relate the whole story – the whole truth and nothing but the truth.

As the majority owner of S/S,along with my brother, I worked with architect in designing the hotel which was constructed and opened in May 1990. At the time, it was undoubtedly the nicest small hotel in Negril – probably in Jamaica and set a new standard (bar) for small properties.

Over the years, we have had some good years and bad years, I believe mostly good, depending on the quality of the management we have been able to find. Over the last few years we have struggled to find competent and honest managers. One manager in particular almost ruined us totally and we are still being impacted by that particular experience.

We now come to current issues and of course, JIM & TED. Sometime in the late summer of last year, I heard that Jim (Bombastic in Negril) and his partner Ted had stayed at Sea Splash and had indicated an interest in opening a bar at Sea Splash. I had never met Jim before. I told the then manager who had conveyed the information to me that I would be interested in looking at a proposal for the proposed bar. As I understand it, Ted, at the time, ran a bar in Chicago and probably still does. They sold themselves as being knowledgeable in bars and as they put it were experienced “bar guys”.

Around September we received a proposal and frankly it seemed interesting. During our discussions, I disclosed to Jim that I was interested in selling the property and that there were a few interested persons with whom we were having discussions. Jim indicated an interest in purchasing the property. Within short order, what appeared to be a workable proposal was e-mailed to me regarding a purchase. We eventually arrived at a proposed agreement where J&T would lease the property with an option to purchase. J&T said they wanted to have 3 months of running the property before signing the lease because their company incorporation documents were not yet ready. Jim arrived in Negril sometime in November. We put him in possession with a license agreement and a small security deposit of US$12,000.00 for December 1, 2011 because he was anxious to start doing work on the bar. No substantial deposit as he is claiming to have made. They built a modest bar – nothing fancy or expensive. They also made some well thought out but minor changes to a portion of the deck and the railing around the deck and they removed a minor decorative (artwork type screen) which separated the restaurant from the whirlpool tub. This opened up the place a bit more and I agree they were good changes but again I emphasize – NOTHING EXPENSIVE.

They started trading right away – food, beverage, rooms. Yes, prior to Dec. 1, 2011, we had temporarily closed the property in Oct/Nov with the full intention to reopen in December 2011 and with reservations for guests to arrive in December thru to April 2012 and beyond. So J&T were given a “running start” and by late December 2011 into January 2012 things were going well and Jim told me that he was happy with theway things were going and that it had exceeded his expectations. In late December to early January we received a good offer and though we would have preferred to have an outright sale, for ethical reasons, decided to stay with J&T and I told Jim about the offer. Also J&T had not yet begun to show their “true colours”.

So far so good. Then we noticed that January 1 and several days thereafter came and went and nothing was said about our rent. Eventually we caught up with Jim and we eventually got it in dribs and drabs over the course of the month. A similar pattern followed for all the ensuing months with long periods of up to 2 weeks of non-payment between different portions of the payment.

Another thing of note is that Jim for some unknown reason was not able to get his American Express account opened at Sea Splash in Negril. During this time we the owners still had our American Express processing machine at Sea Splash so we noticed that Jim almost always only used the AmEx receipts to pay us in the small portions referred to earlier because obviously he couldn’t get access to the AmEx funds which guests use to pay their accounts in any other way. This made us very nervous because it certainly gave us the impression that, were it not for the fact that J&T were not able to access AmEx, we may not get any rent at all. When we expressed the concerns to Jim, he always had some glib answer. Jim is what we in Jamaica call the “superlative mouth mechanic”,a PR man of no mean order.

During this time, Jim got his company incorporated and the lease and option to purchase agreements were to be signed contemporaneously and the option to purchase deposit was to be paid at the same time. After all the points were agreed the lease was sent to Jim on April 5, 2012 for it to be executed and the deposit to be paid.

We never heard from Jim or Ted after that time. Countless e-mails were sent and countless phone messages left with no response from Jim or Ted. At this stage things worsened, J&T weren’t paying the rent, the electric, water or phone bills or the property insurance. We decided that these people could not be trusted and it was time to sever the relationship rather than go further. Just imagine someone owing all this money and not bothering to even respond to e-mails or phone calls.

But that’s not all. Jim Hurt, pretending to be owner of Sea Splash and signing as such entered into an agreement with Living Social to sell a number of vacation packages – five hundred and forty two (542) vacation packages were sold. Jim received an initial payment from Living Social of US$108,000.00 on May 15, 2012. This payment was confirmed to me by Living Social and it was wired to Jim’s personal company bank account – Jim and Ted’s Excellent Adventure. At the time when we retook the property on May 24, 2012, here is an itemization of the litany of woes that Jim Hurt left in his wake:

Utility bills for usage during his occupancy - US$20,524.00
Paybill due next day that week - US$ 5,479.00

Prorated property Insurance for usage during his occupancy – US$23,906.00
½ cost of legal fees for preparing the lease and option agreements – US$ 3,525.00
Unpaid invoices due to suppliers of goods and services - US$ 2,720.00
Unpaid taxes - US$26,008.00
Total US$82,162.00

Advance funds received from Living Social for vacation packages sold – US$108,000.00
Less vouchers which redeemed during J&T’s occupancy 34 x 349 - US$ 11,866.00 (US$96,134.00)

Grand Total US$178,296.00


To all of Jim’s sympathizers, I have one question and one question to ask only. With the overwhelming evidence that I have detailed above – would you continue to do business with Jim Hurt?

Let’s say that Jim spent US$5,000 or to be generous say US$10,000.00 on Sea Splash that pales by comparison to the US$177,947.00 that he got away with. I can assure everyone that Jim Hurt left Negril a whole lot richer than when he arrived. Of that I am certain. There is a saying in Jamaica “See me and come live with me are 2 different things”.

Let us be clear, he was never the owner of Sea Splash and he knew that. Purporting to be the owner was fraudulent. Even if he had signed the lease and option agreements this would not make him owner until the deal was completed 3 years’ time.

My kindest and best wishes to you.

Pat Lawe
Owner

P.S. I will try to communicate more regularly via the web. It’s just that I have been so busy otherwise. I want you to know that we care and we are working hard to make Sea Splash more special than it’s ever been.

LIVING SOCIAL

The background I have just detailed is important in order for everyone to have a clear understanding of the facts. We now come to the issue of Living Social.

Within a couple of hours after retaking the Sea Splash property I started hearing talk of the L/S deal. I knew nothing of it prior. At first I didn’t understand it. So I called Jim Hurt who was still in Negril to get an update. I asked “Who are the contact persons, phone #s, e-mails”. “I am busy now, I’ll call you back” was Jim’s response. That return call never came and when I tried to call him back, his phone rang unanswered – typical Jim, true to form.

I eventually got information from another hotelier. When I called up L/S, they explained the deal to me. Jim had gotten all this upfront money (US$108,000.00+) and Sea Splash would never see that money or the appropriate proration. All of the above are irrefutable facts. WE HAVE RECORDS TO PROVE IT.

After speaking with the marketing representative at L/S, I made contact with a senior executive at L/S. I explained what had happened and proposed a couple of different ways to resolve the issue. I tried to explain that as a small property we were just not in a position to accommodate over 500guests without any compensation at all. For the records, Sea Splash resort has so far honoured45 L/S vouchers without receiving one dollar in revenue for same.We have no regrets for doing this because we believe it was and is the right thing to do. NO GUESTS HAVE BEEN TURNED AWAY.

Living Social called me this morning (Friday, June 22, 2012) to inform me that they have decided to make a full refund to all Living Social guests to whom Sea Splash vouchers were sold to. We are happy at this outcome. Honest, hardworking people should not be cheated out of their money or out of their desire to experience a wonderful vacation at Sea Splash Resort. Our desire is to give our guests the best and with that SEA SPLASH WISHES TO ANNOUNCE THAT LIVING SOCIAL REFUNDEES MAY RE-BOOK THEIR DREAM VACATION AT SEA SPLASH ON THE SAME TERMS AS BEFORE.

THIS CONSISTS OF:

4 NIGHTS IN A FULL-SIZED SUITE
BREAKFAST FOR 2 EACH DAY
ROUND TRIP TRANSFERS MOBAY AIRPORT TO SEA SPLASH/SEA SPLASH TO MO BAY AIRPORT
10% DISCOUNT ON ALL OTHER MEALS AT NORMA’S RESTAURANT

ADDITIONAL TO BE PAID AT S/S
10% GRATUITY
US$1.00 PER NIGHT ADDITIONAL TAX EFFECTIVE SEPTEMBER 1, 2012.

We look forward to hosting you for the experience of a lifetime.

Our new Manager (formerly Operations Manager at Swept Away) is bright, supportive, charming and caring and will cater to your needs.

I CONTINUE TO BE INSPIRED BY THE FOLLOWING VERSE AND I HOPE YOU ARE TOO. “BE NOT DECEIVED, GOD IS NOT MOCKED. AS A MAN SOWETH SO SHALL HE ALSO REAP” -GAL. 6:7.

My kindest and best wishes to you.

Pat Lawe
Owner

whoa. nothing is as it seems in Jamaica. ever.

NHolic,

Everything is exactly as it seems in Jamaica when you dont try to apply your pre-conceived ideas on another country. There are plenty of folks who have been reading this information closely and realized it was only one side of the story that had been presented so far....

Wow... I certainly knew there was more to it than what I had been reading. Some people really get sucked in... sometimes I wish I was more trusting, but stuff like this makes me happy I can see thru the BS! Glad you were able to tell your side of the story Mr. Lawe. Hope everything works out for everyone & I hope those who deserve it do reap what they sow.

So glad Mr. Lawe was able to defend himself. I was very uneasy only knowing one side of the story and am staying at SeaSplash in August. I considered canceling but after speaking with Sheryl and working out the details I decided to keep my reservations. I was still a bit nervous however. This thread makes me feel a lot better about the property and my decision to stay. Thank you Mr. Lawe and thank you Ms. Clark for handling this matter fairly and professionally. I now fully look forward to my stay in August and feel good about my decision to stay at SeaSplash.

I wasn't buying the Boombastic Kool-Aid. The story was fishy all the way around. If you legally own a property, you just can't be kicked out. Sounds like they were two shysters from the get-go.

Seasplash was around a long time before Jim and Ted and let's hope they didn't put a permanent scar on the place. I'm glad the true owner was able to tell his story. I don't blame him one bit.

Quote:

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Originally Posted by Rob

NHolic,

Everything is exactly as it seems in Jamaica when you dont try to apply your pre-conceived ideas on another country. There are plenty of folks who have been reading this information closely and realized it was only one side of the story that had been presented so far....

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You got that right Rob.....

Sadly Negril attracts all kinds. People always hear about how the Jamaican business deal gone bad but often, mostly, there are sheisters that come down and do just this...You asked with the listed issues, would we continue to do business. Well, no, but I do have some questions about some of your listed amounts due because they don't make sense to me.


1. Did you really leave the JPS/NWC/ garbage bills in your name and not theirs? Was their not a way around that or was it because of incorporation papers?

2. Were you just showing good faith by paying that payroll bill of almost 6K? (since this was not your responsibility)....or did you just have a management contract with them as opposed to a true lease?

3.Why are you responsible for the suppliers' bills? (ie food costs) This certainly is not your responsibility.

4. One I find most out there is the insurance. The $23000 USD property insurance bill is really accurate for only 3 months? This I find a bit steep. Isn't that a higher end annual figure esp for one in the industry/business?

5. Unpaid taxes-I can see you being responsible for property tax, (which in Negril, even beachfront, is nowhere near what you listed). $26, 000 is too high? What other taxes are you referring-unless again you were responsible for this because a management contract or something.

Why are you responsible for other taxes such as payroll taxes( I am assuming when you listed taxes) is listed in here? That seems odd. I know payroll taxes are astronomical.

6. The strangest one I find is the Living Social. I don't have direct knowledge, but it i extremely rare to get payment up front from a tour company. If anything, hoteliers are begging to get paid after the guest leaves.

7. Lastly, are they still on the island for repercussions?

I have to say I wonder why they would be allowed to go this long without payment without intervention if you allowed your name to be on documents, suppliers, utilities, etc.

I am not saying I don't believe this. I most certainly do. There are just some issues that 'glare out' and seem too high in terms of figures to me, especially with lots of experience, in Negril. There are some issues which don't make sense to me so I am just curious so I listed those issues above. I also don't know the JT characters. Frankly Seasplash was always a nice place. I did not like the vibe it was changed into-just not my type of scene. I do hope you can get it back to where it was.

You don't have to answer these in public-it is just that you asked and I wondered.

Quote:

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Originally Posted by Sea Splash GM

Response from owner of Sea Splash Resort – Patrick Lawe:


Utility bills for usage during his occupancy - US$20,524.00
Paybill due next day that week - US$ 5,479.00

Prorated property Insurance for usage during his occupancy – US$23,906.00
½ cost of legal fees for preparing the lease and option agreements – US$ 3,525.00
Unpaid invoices due to suppliers of goods and services - US$ 2,720.00
Unpaid taxes - US$26,008.00
Total US$82,162.00

Advance funds received from Living Social for vacation packages sold – US$108,000.00
Less vouchers which redeemed during J&T’s occupancy 34 x 349 - US$ 11,866.00 (US$96,134.00)

Grand Total US$178,296.00


To all of Jim’s sympathizers, I have one question and one question to ask only. With the overwhelming evidence that I have detailed above – would you continue to do business with Jim Hurt?

Let’s say that Jim spent US$5,000 or to be generous say US$10,000.00 on Sea Splash that pales by comparison to the US$177,947.00 that he got away with. I can assure everyone that Jim Hurt left Negril a whole lot richer than when he arrived. Of that I am certain. There is a saying in Jamaica “See me and come live with me are 2 different things”.

Let us be clear, he was never the owner of Sea Splash and he knew that. Purporting to be the owner was fraudulent. Even if he had signed the lease and option agreements this would not make him owner until the deal was completed 3 years’ time.

My kindest and best wishes to you.

Pat Lawe
Owner

P.S. I will try to communicate more regularly via the web. It’s just that I have been so busy otherwise. I want you to know that we care and we are working hard to make Sea Splash more special than it’s ever been.

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I have certainly seen this type of thing happen many times over decades of traveling to and living in Jamaica. It happens on both sides of the ledger; local and foreign owners "hoodwinking" foreign investors as well as foreign "investors" (using the term loosely in this case) doing the same to local owners of properties.

Most of the time, however, the local owners are pretty "stand up" people and make good even to their own detriment for the scams that these big shot foreigners perpetrate. They cook up a scheme and reap the booty before slinking off to their relative safety back home. Local justice can be swift and absolute so they don't want to stay too long.

I applaud the owner here for standing up and explaining in no uncertain language with facts included as to how this went down and how they plan to work their way out of the unfortunate hole that was dug without their knowledge.

I won't be using this property anytime soon as I live in the mountains of Jamaica but, if I were making plans to go to Negril, I would certainly consider a place like Sea Splash.

Peace and Guidance

Bruja,

I dont find any of the numbers "glaring" or too high, and maybe a re-look at the facts as stated by Mr. Lawe is in order. As stated by both Mr. Hurt and Mr. Lawe, Jim & Ted began trading as of December 1st, 2011. Mr. Lawe retook the property as of May 24th, 2012. That is a time period of nearly 6 full months.

I point this out because of your question #4 above: "One I find most out there is the insurance. The $23000 USD property insurance bill is really accurate for only 3 months?" - The time frame is not 3 months, but 6 months, and that has been pro-rated. When considering the cost of all the necessary insurance on the property including the very expensive tropical hurricane insurance, I do not find this amount out of the ordinary.

Your question #2 about the payroll is interesting and noteworthy. When we first saw Sheryl at Sea Splash, the first words we heard her utter to one of the employees was "how much money did Mr. Hurt owe you?" One of her first duties was making the past debts right as to not hurt any innocent parties in this matter. This same thought process may answer some of your other questions as well.

Living Social does make payments just as has been mentioned. They break the payments into several installments, the first one coming within a month of the date of their offering. This is how they operate and explains why nothing could really be stated by Sea Splash until Living Social determined how best to handle this situation. Any comments would have been premature.

As for Jim and Ted, neither are on the island, Ted left sometime in April or early May, and Jim left days after Mr. Lawe retook the property.

Well thanks for the response but I was hoping for answer from source if he wished and not even numerical or in depth explanations....No offense. :)
Assumptions only perpetuate which is why I spoke to the owner in my text. I would have never asked if the question would u was not thrown out there....

The items I commented on with the exception of that tour company-I have very in depth knowledge of which is why I only asked. I still stand by what I typed originally-specially the insurance amount...even if for 6 months (stand corrected). I know it is very expensive for sure..that was not my argument. I just have an idea prorated or not.

So social living-do they pay in full prior to advance arrivals (far out from may 24)?

Lastly, this is my opinion but I find it hard to believe anyone would just agree to make things right with jps considering the abuse they dish out. You know that. That is one most would forget about making right:)



QUOTE=Rob;56133]Bruja,

I dont find any of the numbers "glaring" or too high, and maybe a re-look at the facts as stated by Mr. Lawe is in order. As stated by both Mr. Hurt and Mr. Lawe, Jim & Ted began trading as of December 1st, 2011. Mr. Lawe retook the property as of May 24th, 2012. That is a time period of nearly 6 full months.

I point this out because of your question #4 above: "One I find most out there is the insurance. The $23000 USD property insurance bill is really accurate for only 3 months?" - The time frame is not 3 months, but 6 months, and that has been pro-rated. When considering the cost of all the necessary insurance on the property including the very expensive tropical hurricane insurance, I do not find this amount out of the ordina

Your question #2 about the payroll is interesting and noteworthy. When we first saw Sheryl at Sea Splash, the first words we heard her utter to one of the employees was "how much money did Mr. Hurt owe you?" One of her first duties was making the past debts right as to not hurt any innocent parties in this matter. This same thought process may answer some of your other questions as well.

Living Social does make payments just as has been mentioned. They break the payments into several installments, the first one coming within a month of the date of their offering. This is how they operate and explains why nothing could really be stated by Sea Splash until Living Social determined how best to handle this situation. Any comments would have been premature.

As for Jim and Ted, neither are on the island, Ted left sometime in April or early May, and Jim left days after Mr. Lawe retook the property.[/QUOTE]

good to hear from both parties when there is a dispute like this .......
and it's not the first time this has happened der.....far from it.....
and this guy isn't taking sides one way or another.......
but I find the responses from the actual owner Patrick Lawe very troubling.........

Quote:

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Originally Posted by Sea Splash GM

Response from owner of Sea Splash Resort – Patrick Lawe:

I had never visited the Negril.com site before.

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I find this really hard to believe....you have had a business for 22 years in Negril...
even the road side stands in Negril know of this site........
but if this is true it tells me a lot about you and how you run a business.........

Quote:

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Originally Posted by Sea Splash GM

Response from owner of Sea Splash Resort – Patrick Lawe:

We put him in possession with a license agreement and a small security deposit of US$12,000.00 for December 1, 2011 because he was anxious to start doing work on the bar. No substantial deposit as he is claiming to have made. They built a modest bar – nothing fancy or expensive. They also made some well thought out but minor changes to a portion of the deck and the railing around the deck and they removed a minor decorative (artwork type screen) which separated the restaurant from the whirlpool tub. This opened up the place a bit more and I agree they were good changes but again I emphasize – NOTHING EXPENSIVE.

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the place was in serious disrepair and an eyesore on the beach when Ted & Jim took the ball and ran......
$12,0000 and then the all the thousands they spent buying lumber and having workers work on the place........
and then buying sheets, towels, ash trays, etc is nothing to sneeze at.......
plus they have to pay the staff, the food and beverage suppliers etc......
it was an EXPENSIVE undertaking for someone just leasing a place out.........
the place never looked so good as when Ted and Jim had the place.........

pic from Jan of this year..........looks nice eh......wasn't like that before.....far from it

http://negril.com/forum/attachment.p...0&d=1337813983

Quote:

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Originally Posted by Sea Splash GM

Response from owner of Sea Splash Resort – Patrick Lawe:

They started trading right away – food, beverage, rooms. Yes, prior to Dec. 1, 2011, we had temporarily closed the property in Oct/Nov with the full intention to reopen in December 2011 and with reservations for guests to arrive in December thru to April 2012 and beyond. So J&T were given a “running start” and by late December 2011 into January 2012 things were going well and Jim told me that he was happy with theway things were going and that it had exceeded his expectations.

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I wouldn't say they were given a "running head start".....far from it from what I could see
they had all that work and expense to deal with from a defunct resort........plus the unknowing factor

Quote:

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Originally Posted by Sea Splash GM

Response from owner of Sea Splash Resort – Patrick Lawe:


So far so good. Then we noticed that January 1 and several days thereafter came and went and nothing was said about our rent. Eventually we caught up with Jim and we eventually got it in dribs and drabs over the course of the month. A similar pattern followed for all the ensuing months with long periods of up to 2 weeks of non-payment between different portions of the payment.

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it shows to this guy that Jim and Ted were making an effort to pay you...
you are making it sound like they didn't want to pay you.........

Quote:

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Originally Posted by Sea Splash GM

Response from owner of Sea Splash Resort – Patrick Lawe:

Let’s say that Jim spent US$5,000 or to be generous say US$10,000.00 on Sea Splash .

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lawd of mercy.....you think Jim and Ted only spent $10K on SeaSplash........
they probably spent that alone on just some towels and bed sheets.......things expensive der

the troubling part in all this is the Living Social voucher program but I would think this is more common than we think....
Living Social probably has themselves covered one way or another when a business ceases operation or changes hands........

rarely does anyone ever leave Negril with more money than they had........
usually most go back penniless.....
that's no big secret......and sounds like this is probably the case here also...........

learning experience for both sides.......
and for some on here that think everything is Paradise on da islands....

at least for us travelers we have something nice to look at now when we pass SeaSplash........
and the returning owner now has a "running start".........

Cool Runnings, Marko

If I understand correctly, LS is out over $100,000 now that they've refunded all vouchers to the property, except any purchasers that request to keep the voucher to go to Treehouse?

Thanks for your statement Mr. Lawe. Best of luck to all.

Quote:

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Originally Posted by Marko

at least for us travelers we have something nice to look at now when we pass SeaSplash........
and the returning owner now has a "running start".........

Cool Runnings, Marko

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Well Marko. an expensive "running start" according to the owner. Perhaps a "shove in the back" before a "snatch and grab" might be a better description.

I have read what is proported to be "both sides" of this story and frankly I find the owner's story to be much more conforming to the aftermath. It appears he is still in Jamaica and the "Excellent Adventure" twins are nowhere on the rock to be found. Perhaps under one??? :p

Peace and Guidance

I am certain we will never know the whole story. I appreciate both parties coming forward and explaining their case to those of us who have an interest in the stability of the resort. It was the right thing to do. This was a complicated business deal that I will not try to dissect. Both parties probably feel wronged in some way. They have both presented the truth as they see it. I don't know either party but feel confident that there is some truth in both of their statements. The level of truth is not for me to judge. For some reason I do feel more assured that no one in this situation had bad intentions from the start. It just didn't work out.

[QUOTE=bruja;56141]
Lastly, this is my opinion but I find it hard to believe anyone would just agree to make things right with jps considering the abuse they dish out. You know that. That is one most would forget about making right:)


Bruja - with JPS (and other utility providers for water/sewage, communications etc) - if the bills for a property are not paid the service will be cut off and will not be reinstated until the arrears, interest and reconnection fees are paid. The only choice the owner had was to pay the outstanding amounts to maintain service to the premises. With respect to taxes, that would include unremitted employee payroll deductions (for income taxes, NHT and other required statutory deductions), General Consumption Tax (GCT) collected on food, drinks, services less any input tax credits, hotel room taxes, plus property taxes - again those would have to be paid or charges/liens could be registered against the real estate.

hell of a way to eek out a living in the tourist trade...when bills and charges come in the tens of thousands....gulp..i can;t breath just thinking about it..lol

After seeing the cost of doing business in Jamaica I am further impressed by the local small entrepreneur in Negril. From the Jerk stands and small inns to the larger Jamaican hotel owners I send my admiration and respect. And to all the boardies who support local initiative. Good on ya!

Thanks, you are 100% correct. I had forgotten this 'minor' detail about utlity switching. I have seen big projects get brakes put on because of some $30,000 leftover unpaid JPS bill and no start up electric...THanks for reminder on that..This also goes for property tax. If someone buys land and no tax has been paid and it has not been caught by attorney, new buyer responsible...

BUT...The tax part I still don't understand why Mr. Lawe is responsible for these other taxes unless he was truly allowing them to trade under his name/company name. I find it hard to believe any business person, or at least I would not, would allow 'strangers' to handle the cash collection if that were the case. It just does not add up.

GCT, NHT, NIS, Heart, etc did not even come to my mind because I did not even put the 'old Seasplash' and the new adventure in the same umbrella for that.

[QUOTE=BCBud;56156]

Quote:

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Originally Posted by bruja

Lastly, this is my opinion but I find it hard to believe anyone would just agree to make things right with jps considering the abuse they dish out. You know that. That is one most would forget about making right:)


Bruja - with JPS (and other utility providers for water/sewage, communications etc) - if the bills for a property are not paid the service will be cut off and will not be reinstated until the arrears, interest and reconnection fees are paid. The only choice the owner had was to pay the outstanding amounts to maintain service to the premises. With respect to taxes, that would include unremitted employee payroll deductions (for income taxes, NHT and other required statutory deductions), General Consumption Tax (GCT) collected on food, drinks, services less any input tax credits, hotel room taxes, plus property taxes - again those would have to be paid or charges/liens could be registered against the real estate.

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So sorry Mr Lawe of what you and you're staff has gone through. One of your guests reported on this forum that something didn't seem right and the hotel staff resented / "hated" Jim but they didn't provide details. I look forward to spending some time at Sea Splash this November. Thank you for giving us your side of the story.

I am amazed that in Jamaica it took from April the 5th where Jim was ignoring all e-mails and phonecalls and paying No bills or rent that it took all the way up to May 24th to reclaim the property but I guess there were legal rules that had to be followed,

Even still, Jim seemed in No rush to leave the area.
If he knew he had done so wrong and stolen such hefty amounts of money I wonder why he stuck around? Very brave unless there was a reason.

It was very nice for Seasplash to put the guests up that Jim had accepted money from and honour their deals even with no payment for the hotel owners themselves.

I think at least 40 parties were held there, if only 50 people attended each party spending £20 each on a few drinks this is WITHOUT food costs there is £1000 per party so in total £40,000 (USD$62,000) from the bar alone just an underestimate from party days alone.This is just summising and of course some days a lot more guests were there and some days maybe less, and some people probably spent a whole lot more than that at the bar.
And this is just from the party days there were 5 other days a week for a whole 6 months of bar and food takings also to be had too.Thats an extra 120 days of the till being filled!
From what I see someone will have SOME of this cost covered.The property was insured also Living social has their own insurance and most people paid by credit card and they also have insurance.Living social would not refund everyone just to be kind obviously someone is insured.I imagine when they find Jim he will be in a huge court case.

So if he made $62k from the bar on party days (underestimate I think)
$96k from bookings
plus 6 months of food order takings and an extra 120 days of bar takings guesstimate $60k minimum
minus the 17k he spent on deposit and bar area= $201k so he should had just paid his bills and still been 21k up which is still a good wage considering the lifestyle and luxury and fun that came with it.
I bet a whole heap more was made than that too! It is easy for one couple to spend $80-$100 just in ONE meal.

So looks like he took way over $200k with him in his back pocket as well as leave almost that amount behind for someone else to repay.
Last time we heard from Jim he said this is not finished and he will be sorting this out legally.
It would be nice to hear the final outcome.
Just something does not sit right with me that if someone had taken ALL this money why did his partner leave before him and Jim stuck around alone knowing he had caused a major stink ? That part is the part which makes no sense to me.

Marko>I guess bedsheets are expensive these days!

Where I live when this happens it is usually a bad hard lesson for the owner as the golden tongue chatter persuades them to hand over everything they have yet keep it all in the owners name so when everything goes to court what evidence do they have?
There is of course Living social evidence but even if he had to pay their fees back he still has 100k left.
It is a shame I have seen this happen a few times in my Own town.The great sales patter , the great scam and then who's name is the one on all the papers?The owners.
Well thought out scams which work time and time again.In business paperwork is LAW no paperwork~ no business.Your paperwork is the only evidence you have.Makesure you always have everything signed sealed and delivered before allowing ANYONE to do anything under your name.
I guess Seasplash owners could always call up their interested buyer and see if they are still interested as the works are complete and there are a lot of bookings so could make a nice sale :)

I remember telling wifey when the LS first came out... (as a sort of joke)... "This would be the perfect deal to run right before closing up the place. The perfect hit and run"...

I wonder if Jim posted the LS deal with full knowledge that he was soon to be run out out of the joint.... perhaps he felt he was entitled to a ROI and he knew the bottom was dropping out- so he brought in a 3rd party (with insurance).

This whole thing could be a well crafted scheme.

Quote:

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Originally Posted by murph

I remember telling wifey when the LS first came out... (as a sort of joke)... "This would be the perfect deal to run right before closing up the place. The perfect hit and run"...

I wonder if Jim posted the LS deal with full knowledge that he was soon to be run out out of the joint.... perhaps he felt he was entitled to a ROI and he knew the bottom was dropping out- so he brought in a 3rd party (with insurance).

This whole thing could be a well crafted scheme.

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Many times things like this are.
I first knew something was up way back at the beginning when I wanted to book a stay and I wanted to see what the rooms looked like and if they were large enough for my family.
I just wanted a price and a picture and I enquired about the menu.

I was told to ignore everything on the website as it is old and they have not changed it yet so I suggested that they get Rob to put them a website up on here as a lot of hotels do and show us all the specials he was telling everyone about.

If I was thinking of spending 200k$us on a place legit I would most definately spend a hundred or two dollars to market the place to tourists wanting to book from overseas as I did.Especially as he knew how lucrative the market is over here on this site.
As he never updated the site, I knew from THAT second something was up.
Why would you want to invest so much money time and effort into a place yet leave the old owners details and menus and website up?

The simple answer in most cases would be because, you know you are not staying, or you do not want to pay anyone to create a website as then that would be evidence you were running the place, and it suits them to have it look in the courts eyes that the owners were still liable and in charge of everything as it was their name on the documents the bills and the website.
To me it was obvious what was happening as I have seen it many times before but maybe others were fooled.Chitter chatter and golden tongue is all well and good but in business there has to be a line drawn where chat ends and papers get signed.
There was rumour a venture similar happened before I do not know how that ended but he did not seem to have any trouble setting up again in the same area so we just do not know!

While we do appreciate everyone's comments, please remember we need to limit the rumors and speculation...

Thanks everyone!

we are looking foward to our 10th trip to negril and are just tourists. i have no idea who is right or wrong and really it's none of my buisness. i'll just wait for the dust to settle and if sea splash is still running when it's time,we'll give it a try.i know one thing,we've never had a bad time in jamaica!

For those with the Living Social Vouchers as well as those who have prepaid reservations through other sources, I would take a copy of this thread as a hard copy of the General Manager/Owners intent for proof of his promising to honor the promotion.

Doctoro,

I am a bit confused by your comment. Living Social has already let all the voucher holders know that they are being refunded. That is a done deal.

Sea Splash's owner is directly letting all folks who purchased the Living Social deal know that they can book that same deal directly with Sea Splash. All they have to do is contact the resort directly. This is not through Living Social, but a direct deal posted here on Negril.com.

The new GM is already in contact with all those who have prepaid reservations. They have been receiving emails from the resort.

I am not sure what would be the point of having a copy of this thread when anyone having reservations would have other, more detailed information directly from the resort itself regarding their upcoming stay. This thread is rather generic, the emails they would already have would be the ones I would print and take with me....

No Problem Rob, I went back and reread, I just beleive in hard copy proof. Obviously not needed in this case.

Doctoro,

No worries, a hard copy is always good to have. But it is best to have a hard copy of the appropriate information regarding the actual reservation...

Yes Rob, but I am a paper person, knowing that if it's not in black and white it does not have to be honored, so any correspondence from any transaction goes with me, hard copy in a folder, no problem. It saved me from getting over charged $100.00 US monthly when I first moved here. That's why it was my first thought.

And BTW I'm the type who would have even had the original promotion letter from the website offering the deal.

Doctoro,

Most tourists dont have the issue that you had "moving here"... it is always best to keep the information you post relevant.

There has been countless things I have experienced here in nearly 20 years living in Jamaica, literally hundreds of thousands of transactions, that were done with nothing more than a verbal agreement and the deal was kept by all parties involved.

But when booking a vacation, it is always smart to print out the confirmation and bring it with you.

I was there today, and everyone was in a great mood, particularly the staff. The GM is a nice lady.

She is indeed a nice lady but the real question Gerry is

Is she a nice lady .... that wants to be in the trip report? :)