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Report: #249636

Complaint Review: Phil Restivo Enterprises/LeGrande Affaire - Santa Clara California

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  • Reported By: Los Altos California
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  • Phil Restivo Enterprises/LeGrande Affaire 2590 Lafayette Street Santa Clara, California U.S.A.

Phil Restivo Enterprises / LeGrande Affaire LeGrande Affaire advertises huge fleet of Hummers but has none to show!! Bait and Switch! Santa Clara California

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We ordered a Hummer limo for a family March 9 event for $1871.00. Five minutes before, as I drove up, they told us on the cell phone that the hummer was not available as someone threw up in in it. The story changed many times from replacing carpet to fixing alternators to the fact that they did not have the fleet of 6 hummers they advertised on the website. They said they only had one hummer, ours, the one that was not available suddenly. I had gone down to the office two days before and sat in our car, the black hummer promised, and played a DVD created with family slide show for the event. It worked fine. The DVD player did not work in the car they brought. They did not give us the promised hummer nor did they give us a car with a DVD player that worked. I was told by Kimberley they booked a white hummer for a high school prom for March 9, and they booked the yellow one as well for another event. They told me we could only have the black one. I believe that none of us received the hummers that night. THey "baited and switched" just to get our reservation. Finally they confessed they only had one HUmmer in their fleet. The Public Utilities Commission advised us that this business, under the law, should have done everything possible to get us a Hummer. They did not try to get us a Hummer from anyone else.

We were told that Mr. Restivo has another part of his business where he buys and sells limos. We guess he must have sold five of his hummers in time for the events of March 9.... to only have ONE available that night...and that was the one that was thrown up in. .....or the alternator was broken....or they were cleaning it because it was so bad....or the carpet had to be changed...cut out and replaced. Even today, May 11, they still advertise 6 Hummers in their "Fleet" the same as how the website looked back in January. This company practices false advertising of their fleet. This is poor business practice and we would never accept their offer of a future business transaction with a discount. We believe it is a regular practice of this company to promise a car to someone just so they will book the transaction with the full knowledge that they will not have the supply of requested cars to fill the demand of the evening. We also believe that they trade out the cars promised because of Mr. Restivo's limo sales transactions in his other business. And we believe they substitute cars as a regular practice....and that it occurs many times on the very same day. If they do that they should give customer's a reasonable notice of this...NOT 5 minutes before. And they could offer some sort of discount. We would have settled for 1/3 discount at the time but now after discussions with this firm at least a 50% discount would be reasonable but even Ramona, the customer service manager, herself thought we deserved a complete refund.

Outrageous Experience. Unethical company. We believe they did not have a hummer for us from the start. And NOT because it was thrown up in; not because the alternator was broken, but because they did not have one ...and they just wanted the booking and the money. And they think they can do this because they have the contract stating they can substitute the car. Because they advertise their entire "Fleet" on the website, one is led to believe the HUmmer is the focus of their fleet. To have no working Hummers is a disgrace. This company is a disgrace and, at best committed unfair methods of competition and unfair or deceptive acts or practices under the Civil Code 1770 (a) (9) Advertising goods or services with intent not to sell them as advertised, AND (7) did not represent the service at a "particular standard". Under the code we believe they could be in violation of (4), (5), (7), (9), (10), . They say they have 6 hummers. Kimberley told us they booked three for that night. On March 9 they said they only had ONE; the one that was broken, or thrown up in, or having carpet replaced. HOw many customers do they replace other cars for promised cars? This is an important question.

We have an unsigned contract proving we did not agree with the written contract that says they can "substitute another car". That was not an understanding that we had at all. If that were true we would NEVER have booked with them in the first place. We have printed off copies of what the internet site looks like in terms of advertising, we have emails, and receipts, and copies of the Civil Code 1770 and the Business and Professions Code 17500-17509. I believe they are in violation of these codes as well as just a plain rude, unethical company.

We are thinking about small claims court. We have contacted BBB, Consumer Affairs (who said it falls outside of their regulatory authority. I have talked with the Public Utilities Commission who regulates the limo industry. They educated me as to what areas of the Civil Code and Business and Professional Code they might be in violation of.

We would appreciate any help or advice you could give us. Thank you very much for being there for us. I wish we could find the other people who rented hummers on the very same night! Do you know how I could do this? I thought I would just call the sales associate back, who scheduled us AND told me of the other hummer customers that same night. We are not going to let this go. The Public Utilities commissions says this happens all the time. Someone needs to put a stop to this!! On the day of our event they told me there were no hummers out that night. Someone is not telling the truth!! $1871.00 for a different car. Such a rip off!! And the DVD didn't work! Ahhhhh!!!

Mary
Los Altos, California
U.S.A.

This report was posted on Ripoff Report on 05/22/2007 12:23 AM and is a permanent record located here: https://www.ripoffreport.com/reports/phil-restivo-enterpriseslegrande-affaire/santa-clara-california-95050/phil-restivo-enterprises-legrande-affaire-legrande-affaire-advertises-huge-fleet-of-humm-249636. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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