!!!!WARNING!!!!

This title is only a distraction

Magicians are highly practiced in the art of distraction. So are pickpockets. Most successful politicians have mastered the art in excelsis. And one of the prime directives for achieving better client acceptance in sales is the principle of distracting the customer by “selling the sizzle, not the steak.”

Mike (Executive Chairman) and Kathy (CEO), the husband-and-wife dynamic duo at the head of Villa Vie Residences, must have doctorate degrees in the field because their skills in diverting everyone’s attention away from questioning their judgment to instead focusing on the latest distraction they can conjure is simply astounding. And they do it over, and over, and over again. Their skill would leave Penn and Teller dumbfounded and totally fooled.

IT BEARS REPEATING…

In a previous article we discussed how Mike and Kathy (identified as “MK” in the remainder of this article) have successfully managed to thwart dozens of attempts to force disclosure of critical financial data to investors who are entitled to this information. MK achieve their obsession with hiding these key data through distraction, evasion, misdirection, manipulation and out-and-out lies. The victims of this ruse are a group of 90 individuals known as “Founders” who have invested large sums from $25,000 to $1,000,000 or more in the Villa Vie Residences (“VVR”) venture in return for a share of future profits and a variety of discounts, perks and privileges associated with VVR. Despite the fact that it has now been two years since the first investors signed on, MK have deftly sidestepped requests and artfully dodged disclosure of crucial information to which these investors are entitled and have every right to know.

BUT WAIT! THERE’S MORE!

As the oft-repeated tagline of a familiar advertisement goes, “But wait! There’s more!” Much more. Take the case of the Terms and Conditions – the “fine print” associated with the contracts that “buyers” never read and certainly don’t understand when they sign on the dotted line for their designated “villa.” They assume that these conditions will be fair and reasonable. However, the Terms and Conditions are constantly being revised to impose ever-more restrictive rules and regulations on the tenants. And shockingly, VVR contends that they contractually have the right to change any provisions of the Terms and Conditions at any time for any reason without obtaining approval or even acknowledgement of those affected, even going so far as to make the changes retroactive.

Not only are the Terms and Conditions complicated, cryptic, complex and ambiguous but they lend themselves to extremely arbitrary interpretation and enforcement. Several cases serve as astounding examples of the unfettered extent that MK, VVR and their attorneys will push these provisions.

JENNY AND BONNY’S CASES

The first example is the treatment of two women, Jenny and Bonny, whose contracts were unilaterally terminated in July 2024, more than 3 months before Odyssey finally set sail and more than 2 months beyond the date that it was supposed to set sail. The reason cited for their dismissal? According to MK, their comments on a private WhatsApp channel with strictly limited access and participation was deemed by management to be harmful to morale even though their complaints being aired were legitimate, factual and shared by many other participants. Bonny was eventually reinstated but only after begging and pleading for months to be allowed to board the voyage she had already fully paid for and being browbeaten into signing an unbelievably restrictive non-disclosure agreement. Jenny was not as fortunate and was eventually forced to resort to a civil lawsuit in an attempt to recover her losses and receive the refund of her payment to VVR.

THEFT ON THE HIGH SEAS

The second equally troubling example involves the fate of a gentleman who paid $469,000 for “the right to occupy” Cabin #7020 on Odyssey. Although VVR markets this process as a “buyer” becoming an “owner” of a “villa,” nothing could be further from the truth either legally or factually. It’s just another in an unending string of examples in which VVR hypes the “sizzle” when they are doing everything humanly possible to distract you from checking out the meat by-product they euphemistically call a steak. In actuality, the legal process is one in which one of the cornucopia of VVR corporations (including several conveniently domiciled in the Marshall Islands) grants an individual a tenuous at-will lease on a designated living space on the ship. Unfortunately, in this case the “owner” discovered just how tenuous was the agreement and how incredibly ambiguous was the fine print in his contract.

According to legal documents on file with the Broward County Clerk of Courts, the “owner,” SignalWave LLC (Robert Moses, principal) occupied the cabin for approximately 3 months during the South American segment of the world cruise. During that time, three “bucket list” destinations were cancelled – Antarctica (due to the ship not being polar rated), the Falkland Islands (supposedly weather-related), and an 8-day trip up the Amazon (due to mistaken interpretation of, or unfamiliarity with, Brazilian regulations according to residents). Additionally, Mr. Moses noted that many of the amenities that he had been promised were not available. Furthermore, Mr. Moses quickly learned that a pickleball court had been opened directly above his cabin and that the percussion noises associated with its use were transmitted loudly into his living space below. After trying unsuccessfully to have this problem addressed, Mr. Moses presented VVR with a legal complaint.

In response to this complaint, VVR immediately took several dramatic actions according to allegations cited in the lawsuit, to wit:

• Villa Vie unilaterally and immediately that same day materially changed the Terms and Conditions, which SignalWave did not and does not consent to.

• Villa Vie refunded SignalWave's maintenance fee.

• Villa Vie froze SignalWave's use of the Villa.

• Villa Vie placed SignalWave's Villa for sale without SignalWave's consent.

• Villa Vie prohibited SignalWave's right to rent the Villa.

Because of VVR’s response to his complaint, Moses on behalf of SignalWave has filed a lawsuit against VVR.

“OWNERS” – DID YOU AGREE TO THIS?

In response to SignalWave’s lawsuit, VVR has countered with a Motion to Dismiss. Although there are multiple grounds cited as justification for dismissal, by far the most troubling of these is VVR’s argument that the Terms and Conditions specifically allow them to “make changes/retrofits/modifications to the ship provided for its voyages at any time" and to change "policies, procedures and requirements...without notice." Under this rubric, VVR contends that it is within its bounds to unilaterally change the Terms and Conditions without the other party’s consent, to rescind his “ownership” and all his rights and to sell the cabin without his permission. This incomprehensible high-handed and imperious assertion of uncontestable authority should deeply concern every current “owner” as well as any prospective client thinking of dealing with such a tyrranical, vindictive and seemingly unethical future landlord.

FYI “owners” — in case you haven’t read the Terms and Conditions lately, please read the last paragraph of the current agreement very carefully. Then go back and read it again. Here is what it says in black typeface that you can read without a magnifying glass:

"VVR reserves the right to amend these Terms and Conditions at its sole discretion and at any time. The most recent version of these Terms and Conditions shall supersede and replace all prior versions, regardless of the timing of any dispute or claim. It is the responsibility of all Residents, guests, and visitors to review these Terms and Conditions periodically to remain informed of any updates. Continued access to or use of VVR facilities constitutes acceptance of the latest Terms and Conditions."

English translation - it's retroactive and it's your responsibility to scroll 20 miles down the main page of the website and click on T&C and read our tiny grey font and try to determine if anything is different and if you've been screwed again.

LOOK OVER HERE! LOOK OVER HERE!

David Copperfield’s got nothing on MK and the masters of distraction at VVR. The latest shiny bauble to be dangled before our eyes is the so-called “Floating Oasis.” Trumpeted by Kathy in a timely diversionary move, this proposed modular structure to be pieced together like a LEGO set and appended to the ship on appropriate occasions, then hurriedly broken down and stored away certainly would appear to be a boondoggle of enormous proportion. It has been hawked and promoted by management and its associated cheerleading vloggers/bloggers as a “state of the art Floating Marina and Recreation Hub, a Customized Floating Oasis, and a large, inflatable marina for swimming, lounging, and as a launch point for water sports like paddleboarding, kayaking and jet skis.

The question arises from looking at the photos, “How did a retrofitted inflatable pontoon take on the lofty heights of a ‘Floating Oasis’ and become a ‘large marina’ capable of supporting so many residents?” How could it suddenly be portrayed as such and be featured in social media, planned press releases and elaborate email marketing messages being hawked to sales leads?

Well Explorers, the truth is that it was born out of a much more serious need: to address the life-threatening safety concerns around the tendering process that have been experienced to date. The issues reached a pinnacle when a resident was attempting to board a tender (a smaller boat—similar to the ship’s designated lifeboats – used to transfer passengers from the ship when it is anchored offshore to shoreside docks). The woman was caught between the ship and the tender as it bobbed up, down and sideways violently. The resident put on a brave face and miraculously wasn’t seriously injured although the outcome certainly could have been far more grievous. Many of the residents witnessing the incident openly expressed that they were traumatised just by watching it unfold, with some stating that they never wanted to use the tenders again. Some cited an apparent lack of experience/training of the crew as part of their concern.

These installations don't just "pop out" at the press of a button for use when wanted. They involve quite a bit of work by the crew to set up and to take down and store away.

QUESTIONS, QUESTIONS, QUESTIONS…

But as for it being used at times for recreation only? Well, that remains to be seen. Will the novelty wear off? Will it be practical? Who will bear the liability issues? Will the crew -- who are employed not by VVR but by the outsourced contractors who provide all the ship's operations services -- be allowed to devote unlimited time to making this available "on demand"? Management has told residents that there is very little storage space available for them to use when needed, so where will this voluminous addition be stored, cleaned and maintained? And what about the water toys depicted in the images being used for the unfettered promotional push? Where will they be stored? How do they get out and back in? How are the jet skis loaded and unloaded? Or are the jet skis —that are part of the sizzle — not actually part of the deal?

What do other residential ships do (or propose to do) in this regard?

THE WORLD

The World is a residential ship with large luxury apartments that has been sailing for 23 years. The rear of the ship opens out and transforms into a sturdy, solid marina, providing safe and stable access to tenders, launching of kayaks and small exploration craft and sometimes a stunning outdoor dining setting right at water level for the Marina Restaurant as well as bespoke resident sit down events. Unlike Odyssey’s proposed piecemeal modular floating platform, it's a strong, sophisticated, comparatively easily operated, wholly integrated and purpose-built amenity.

MV NARRATIVE BY STORYLINES

The MV Narrative is a planned self-described “superyacht” with 18 decks, 547 cabins of various sizes and amenities too numerous to list. Construction on the ship was supposed to begin this year but the first beams of steel have not yet been laid. If the Narrative is built, like Odyssey and The World it will be a residence ship that will sail the world continuously. For purposes of this article, the important point to stress is the difference in the design and functionality of its marinas. Narrative’s plans call for three retractable marina platforms, one on each side of the ship and one projecting from the stern.

Purpose-built storage areas for watercraft and other marina accoutrements are thoughtfully designed for ease of use and speed in launching/loading and storing. Platforms like these and on The World offer far greater stability and resistance to buoying effects than the inflatable floating modular design proposed for Odyssey. Additionally, they are far, far less labor intensive to deploy and to put away.

THE BOTTOM LINE?

There are far better, safer and less cumbersome/labor intensive solutions to the tendering problem than the “Floating Oasis” boondoggle. It is just another in a long succession of poorly considered, poorly contrived diversions designed to distract attention away from important issues that are constantly being ignored by Founders and swatted away by management. It’s time to resist having attention drawn to the next new shiny bauble and instead to start closely watching the other hand that is concealing the coin or picking the pocket.