ComplaintsforKayak Pools Midwest

• Initial Complaint

  06/19/2024

  Complaint Type:

  Product Issues

  Status:

  Resolved

  More info

  We have been in contact for a pool from Kayak Midwest. The saleman took items off of our pool without our permission. The financial lady sent us to install before we even knew the final price and what it all included. Due to lack of communication and not taking our calls, I chose to cancel the pool. ***************, personally called me on Saturday at 1:30pm on the 15th of June to state that he was unhappy with how we had been handled. Let us know our sales guy was terminated and that he would be happy to deal with us from now on in getting everything canceled. I have since then have gotten emails that state that they will not be canceling our pool and we owe them 25% of the price when we never even had a final price. Of course, now that the email continue to come in, ***************, who stated he would personally handle our cancellation has not been in contact with us since Monday when he stated that he would make sure it is all canceled by COB Monday the 17th. We have an email from *************************** that they were in the process of cancelling everything out. Then we get another email from ********************************* that it won't be canceled, even though they moved us to install without a final price. We are not working with another pool company who is local and hasn't hidden any costs from us. Our lender knows that. We have not paid any monies to Kayak and ask to never be contacted again. Our next step is our lawyer if this continues.

  

  Business response

  06/26/2024

  When the customer requested to cancel their pool order, it was after they had already been funded via our lender. Our finance staff here in the office procured their funds and they used our contract and contacts to secure the loan. The funds must be returned to the lender if canceling the order, which is why *** informed her that we would cancel out the order and refund the down payment. After speaking with ***, the customer informed us that she in fact was not going to be returning the funds to the lender and would instead be using our funds to purchase a different pool through a different company, which is fraud. We addressed this with the customer and she put a stop payment on her down payment. The funds were returned to her in full and as it stands now, per her contract, she does still owe us the 15% cancelation fee as she is past her 3 day right of recession. We have decided not to pursue the cancelation fee in an attempt to resolve things amicably with the customer and we have canceled the pool order our per the customer's request and they have been notified.

  Customer response

  06/26/2024

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID ********, and find that this response/resolution is satisfactory to me. 
  
  
  

  Regards,

  ***********************

• Initial Complaint

  05/31/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Purchased in March 2021 but they did not install until over a year later (June 2022) due to Covid, supposedly. Between the pool, permits, and electrical work I paid around $40,000 for a 16x32 pool with no deep end.During install, the codes inspector had concerns about the lack of concrete piers. Even though the installers brought 20+ bags of concrete, they didnt use them during setup. They only used small concrete pavers under the supports for the deck. Several of these deck supports were not carrying weight (swinging freely) after completion.I was told to stay out of the pool for a week or two after it was filled, which we did. During the end of the first summer I noticed some lumps on the pool floor, but thats to be expected with a sand base - I know it wont be perfectly flat.The next summer (2023), we stared seeing multiple 2-3 deep divots all over the bottom of the pool. Some look exactly like footprints. There are dozens of these deep pockets all over the bottom of the pool. When I asked what might have caused this, my local pool company said that the sand was not compacted correctly.I brought this to Kayak Midwests attention in the fall of 2023 and was met with a repair estimate of $5000 and a myriad of excuses. Its moles digging under the pool. Why are there only holes under my pool and not the rest of the yard? Its eroding because of grading. Where is the sand going then? They responded to every question with an excuse.I asked Kayak to guarantee that they could correct the installation and resolve the issue, but they have stopped responding completely. Now its time to open the pool with divots all over the bottom that I cant get clean.I cannot believe after spending $40,000 on the most durable, long-lasting, low-maintenance swimming pool, that they want another $5000 to fix the faulty installation performed by their contractors. I regret ever dealing with them.

  

  Business response

  06/12/2024

  Since our pools are a sand bottom divots can occur, especially if kids are jumping into the pool and their heels hit the bottom of the pool, etc. Usually, divots would appear within the first few weeks/months of pool use. It is odd that you went a few months using the pool that first season and didn't begin to see more divots until the following summer. This is what is leading us to believe it could be moles, crawdads, etc. underneath the liner. We do understand your frustration in purchasing a pool and having issues soon after and we do want to do everything we can to remedy that. This is the heat of our season and our teams are all fully booked for the next several weeks. We have 2 options to present:

  1. We can find another local pool company/repair company with more availability and send them out to evaluate and if discovered to be a default in workmanship we will pay them to make the necessary repairs, but if not found to be due to a faulty installation we would not cover the repairs.

  2. We can issue a reimbursement of $2,000 for you to have this looked into/repaired independently if you have someone you'd prefer to use and wish to have the funds to resolve the issue as you wish and not have our involvement in the investigation of the issues, etc. 

• Initial Complaint

  04/25/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Pool is leaking, complained last year and they sent someone out who only walked around the pool and asked some questions of why we thought there was a leak because we have to add water every to every other day, which he said was normal evaporation. We open the pool after winter and have to have water delivered because there is only 8 inches of water left in the inground pool. Now kayak Midwest states its not their problem because they only cover the first year. Looking at their website, it states there is a 30 year warranty with nothing mentioned about them only covering the first year. We call corporate to get their support and they dont even have record of our purchase.

  

  Business response

  04/30/2024

  ****************************, when American Leak Detection came out last year they had determined that there was no leak/rip in your liner at that time, it is quite possible for an issue to have occurred in the timeframe after that visit. As long as your warranty cards have been submitted by you after installation, your warranty is valid through the manufacturer. Please let us know if you have any further questions or issues as far as getting in touch with them to make a claim on your liner.
  
  

• Initial Complaint

  08/29/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Kayak damages the property as listed below:-Excessive turf damage -Ripped coaxial cables out of ground -Ripped internet cables out of ground -Ripped phone line out of ground -Smashed new fencing and posts -Damaged concrete driveway and walkways -Did not provide electrical terminations -Did not backfill area as contracted -Provided the wrong **********, 4 short -Damaged new aluminum deck due to careless installation including hand sawing on new deck.

  

  Business response

  09/07/2023

  Firstly, regarding the issue of excessive turf damage, we want to clarify that extensive yard damage was expected and openly discussed with the ********* throughout the project. This information was explicitly outlined in their signed contract, checklist, and final inspection checklist, all of which have been included for your review. The Wittway's were well-informed that yard damage is a normal and unavoidable aspect of major construction, as evidenced by recorded conversations and signed agreements.
  
  Secondly, the Wittway's reported damage to coaxial cables, internet cables, and a phone line. Our installation team was unaware of these utilities' presence as they were not marked before the project began. We stress the importance of utility marking to ensure a smooth installation process.
  
  Thirdly, accidents during installation resulted in damage to the Wittway's fencing, posts, driveway, and walkways. Our installer offered to cover the cost of repairs, but the Wittway's declined, stating, "Hey, sometimes I can be an a**hole, don't worry about it." We remain committed to addressing this issue to the Wittway's satisfaction.
  
  Fourth, electrical terminations were not provided as per the Wittway's contract. It is clearly stipulated that they are responsible for arranging electrical work with a licensed electrician, a point reiterated in several discussions and documented in their signed contract and checklist.
  
  Fifth, backfilling was delayed due to the need for an electrical inspection, this was communicated to the Wittway's. This precaution ensures that all safety measures are met before proceeding with backfilling.
  
  Sixth, it came to our attention that the Wittway's received a solar reel that was 4 feet shorter than the expected 16 feet. We thoroughly examined both the order and the packing list from Kayak New York, and they unequivocally indicate that the solar reel ordered and packed was indeed 16 feet. If there is any discrepancy in this measurement, we are more than willing to promptly provide the correct one to ensure their satisfaction.
  
  Lastly, the Wittway's reported damage to their new aluminum deck during installation, including hand sawing on the deck. We are prepared to address this issue as well, pending the Wittway's provision of pictures and a count of the damaged deck panels. We take full responsibility for any damage incurred during the installation and aim to restore the deck to its original condition.
  
  We highly value the Wittway's business and are fully dedicated to resolving these concerns to their satisfaction. We appreciate the opportunity to respond to this complaint and assure the BBB that we will continue working diligently to achieve a fair resolution. 
  
  

• Initial Complaint

  08/06/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On February 14, 2023, we entered into a contract with Kayak Pools Midwest for a 16 x 32, 4-deep pool for $45,979 and paid a $11,495 down payment. Installation was to take 2 days. On March 31, we upgraded to a 6.5 deep end pool for $4,695. On May 5, we upgraded to a hard bottom for $2,995 and were advised installation would now take 3 days because of the time required for the concrete to cure. The final total was $53,669. On May 8, we paid Kayak an additional $41,174. On June 16, Kayaks installation crew began installation of our pool. On June 17, after allowing only 12 hours for the concrete to cure, the installation crew installed the liner and finished the majority of the framing, minus several missing parts. On June 17, we paid Kayak the final $1,000 owed. On June 18, we discovered the installation crew had left the water hose they borrowed from our back yard in the pool, with the water running. We took immediate measures to mitigate the overflowing water. On July 1, we entered the pool for the first time and discovered the hard bottom was uneven with many sharp pointed rocks poking up into the bottom of the vinyl lining and many divots where the hard bottom had settled in places. On July 6, the installation crew returned and agreed the hard bottom would need to be removed and reinstalled, and a new liner installed because once removed, the old liner could not be reused. On July 29, the installation crew finally returned, removed the liner and observed the crumbling hard bottom. The installation crew offered us the choice of a patch job or a new hard bottom. We requested a new hard bottom. Despite many, many attempts to reach Kayak through multiple avenues, we have never heard from Kayak again. Our telephone calls, voice mail messages, text messages and emails have not been returned. We are out of pocket $58,439.42, including permit, sand, electrical and water, and as of August 6, 2023, we still do not have a usable swimming pool.

  

  Business response

  08/15/2023

  We want to extend our sincere apologies for the difficulties you've encountered with your pool installation. We understand the frustrations you've experienced, and we're committed to resolving these issues promptly. Our team is actively collaborating with our installation experts to develop a comprehensive plan that will address the outstanding concerns.
  Your patience during this process is truly appreciated. We recognize the time and investment you've put into this project, and we are fully dedicated to ensuring a successful outcome. We are working diligently to rectify the uneven hard bottom, install a new liner, and ensure the overall quality of your pool.
  Please know that your feedback is invaluable to us, and we are taking steps to improve our communication channels moving forward. We are determined to provide you with the high-quality pool experience you deserve.
  Thank you for your trust in Kayak Pools Midwest. We will continue to keep you updated on our progress and remain available to address any further questions or concerns you may have.

  Customer response

  09/18/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  [Provide details of why you are not satisfied with this resolution.]

  We contracted with Kayak for a $53,669 pool. They enticed us into paying an $11,495 down payment on February 14, ***************************************************************** late spring/early summer. We paid an additional $41,174 on May 8, and an additional $1,000 on June 17. They kept rescheduling the install, and then on June ********************************************************************* the pool, overflowing the pool and destroying the hard bottom. We waited for the pool to warm up enough to swim in and then discovered during our first swim on July 1 that the pool was unsafe due to the botched hard bottom. We notified Kayak of the issue on July 3, after which Kayak refused to communicate with us. We finally filed a BBB complaint on August 6. Kayak left a voice mail August 7 saying they would be in touch before the end of the week. They again failed to contact us. It took so long for Kayak to schedule another install that the BBB closed our first complaint! The removal of the hard bottom and reinstall took place August *****. After waiting a week for pool to heat up, we had only a few days before the traditional pool closing time of Labor Day weekend. As of September 16, we have a scratched pool deck that is heavily stained with Poolcrete, 47 bags of Poolcrete sitting in our garage, an uninstalled ladder, missing parts, and no pool inspection by Kayak as we had to coordinate and manage virtually the entire installation process ourselves. Kayak knew in late 2022 that the most important thing to us was having a pool installed for the 2023 swim season which did not occur. In addition Kayak breached the contract by failing to perform.
  
  Regards,
  
  *********************

  
  

  

  Business response

  09/28/2023

  We have enclosed Mr. and ******************* signed contract and checklist for your reference. The contract explicitly states, "Customer understands the current timeline of Early/Mid Summer 2023 installation, subject to weather, financing, and unforeseen circumstances, based on the installation checklist date." The original install date for the pool was June 10, 2023, and the service to replace the hard bottom took place on August 24, 2023.
  To address the damage to the decking caused during the service, we are fully committed to replacing it. Kindly provide us with photos and a count of the affected decking sections that require replacement, and we will promptly order the necessary parts and schedule the repair. Additionally, we kindly ask for a list of any additional missing parts, and rest assured, these will be addressed along with the decking replacement.
  It's important to note that the customer's checklist indicates that they did not contract us to obtain their permit. In this case, Mr. and *************** are responsible for initiating the inspection process themselves.
  We appreciate your attention to this matter and thank you for your assistance.
  
  
  
  

  Customer response

  10/04/2023

  As requested, please see the attached rebuttal to Kayaks response to our complaint.

  
  *In the interest of brevity, please note that we have omitted the extensive documentation of how many times Kayak refused to respond to telephone calls, voice mails, emails or text messages over a five-month period.  Because it is critical to understanding the length and breadth of Kayaks breach of contract through their absolute refusal to communicate, their absolute refusal to install our pool in a timely manner as required by the contract terms, and their absolute refusal to mitigate their own poor workmanship, please refer back to our original complaint filed August 6, 2023, for such details.

  
  We disagree that the original install date for the pool was June 10, 2023.  The original install date for the pool was May 29 with ***** and crew.  On May 23, we inadvertently learned that our installation had been cancelled.  No one from Kayak had contacted us about the installation being cancelled.  This was the beginning of the project management and installation coordination having to be managed by us.  We also learned our installation had been reassigned to Mark.  When **** didnt call us to reschedule, we finally reached Kayak only to learn that **** was no longer going to do our installation and it had been reassigned to *************  On June 14, ****** called to say he would be doing our installation June 15-17.  On June 15, ****** failed to show.  On June 16, ****** showed up and did a hard bottom installation that requires three full days in just 2 days.  Kayak told us the hard bottom would have to cure for 48 hours before the liner could be installed.  Instead of waiting 48 hours,****** waited about 16 hours and then installed the liner.  Several parts were missing and ****** said he would return on June 22 to finish our installation.  He also forgot to turn off the water and left the hose running in our pool when he departed which we only discovered the next morning when we saw water gushing from the pool.  At that point, the additional water soaking the already still-wet concrete caused an immediate failure of the hardbottom.  Again, we managed the installation process by inserting a portable sump pump to lower the water level, and we also had to dig two trenches to divert the water away from the pool.  On June 22, ****** was a no-show again.  We then learned ****** would not be returning until July 5.  On July 1, we entered the pool and discovered rough, sharp rocks pushing up into the vinyl throughout the shallow end.  The rocks were pointed and painful to walk on, and there were several pockets of deep divots that were slick and could cause someone to lose their balance in the water.  The pool was NOT safe to swim in.  On July 5, we learned ****** would now not be returning until July 6.  On July 6,****** advised us that the hard bottom failure was 100% his fault and that he would have to bust out the hard bottom.  He said the existing liner could not be used again once he removed it so he would have to buy a new liner for us out of his own pocket, and he said he hoped Kayak would give him a good deal on the purchase.  He said he would also have to pay for the installation of the new hard bottom himself, and he would also have to pay to have the pool refilled.  He then said he would not be able to return and redo the installation until the Fall.  We told him that was not acceptable because we could not safely use the pool.  After finally reaching Kayak on July 12, Kayak said ****** told them there were just a few rocks sticking up and that no new liner would be needed.  Despite ******* acknowledgement that the pool bottom had failed and a new liner would be required, Kayak told us we would NOT be getting a new liner, and since the pool wasnt leaking, Kayak had deemed it safe to swim in.  We requested someone from Kayak come out and observe the pool themselves, and Kayak said no.  Kayak also said ****** would not be coming to fix the pool until Fall.  Consequently, we requested another installer be assigned to immediately fix the pool.  Kayak said they could assign a new installer,but no matter who did it, the pool would still not be fixed until Fall. We tried to escalate the issue to the installation manager and our salesperson,but they would not respond.  On July 12,we tracked down ******, and he said he would be here on July 28 or 29, but he said he would only be peeling back the liner, busting out the hard bottom,installing a new hard bottom, and then he would be reinstalling the old liner.  When we told ****** he had already told us the liner could not be reused, he said it could be reused and then if it failed, it would be covered under warranty.  Of course, allowing the liner to fail would only extend the time we could not use our pool, and it would leave us with the task of draining the pool, paying for the labor to have the warrantied new liner installed, and then pay ourselves to have the pool filled again.  When ****** returned on July 29 and pulled back the liner, the hard bottom was crumbling in many places and was still not dry.  ****** offered to scrape out the rocks and patch the crumbing areas and divots with concrete.  He said as an alternative, we could wait for Kayak to send someone out to reinstall the pool.  He said regardless of which option we chose, the entire cost would fall to him.  We told him we did not want a patch job on the expensive hard bottom which was an upgrade we had paid for, and we told him we did not want him to reuse a liner that he already told us could NOT be reused. ****** said he would contact Kayak immediately and let them know the pool needed to be reinstalled.  After hearing nothing from Kayak, we reached out to both ****** and the installation manager but neither one responded. 

  
  On August 6, after having exhausted all attempts to reach Kayak, we filed complaints with both the Indiana Better Business Bureau and the Indiana ************************* On August 7, Kayak called in response to the BBB complaint and said they would be in touch regarding installing a new hard bottom sometime that week.  They did not call.  Right before close of business on August 11, we called Kayak and insisted on a return call.  After much back and forth, on August 15,******* called to say he would be reinstalling the pool beginning August 21.  On August 16, ******* called to reschedule the installation for August 20. On August 19, ******* showed up unannounced.  He said Kayak had calculated that it would take 62 bags of Poolcrete to repour our hard bottom and that we would have to store it somewhere completely dry so it wouldnt get ruined if it rained.  We moved our car from the garage and allowed him to store the Poolcrete there.  On August 20, ******* arrived and removed the crumbling hard bottom and the liner.  Because ******* said he had no way to dispose of the old hard bottom, the liner, or the other trash, it fell upon us to take care of the entire site cleanup. *****, Kayaks installation head, came out to observe the work, and he noted that ****** had clearly been in too much of a hurry and pointed out many areas of very poor workmanship.  ***** stated that ******* many mistakes had caused the hardbottom to fail.  ******* mentioned that while installing the new liner, he had to remove the electric conduit from the lights so he could remove the lights and reinstall them. ******* said he would not replace the conduit and that we would have to hire an electrician to do that work. Since it was Kayaks fault that the conduit had to be removed, it should fall on Kayak to hire the electrician to reinstall it.  ******* then announced he was leaving.  ***** asked him to first fix the two malfunctioning but critically important safety gates.  ******* discovered that ****** had not even put the screws in one to hold it onto the railing. ******* fixed that one but he could not fix the other one because the water delivery hose was still in place.  He showed ***** how to fix the remaining gate once the hose was gone.  ***** also asked him to reinstall the pool steps and to install the ladder before leaving.  Parts were missing so the ladder could not be installed.  ******* said he would order the parts from Kayak, have them shipped to us directly, and then we were to call ******* and schedule his return ourselves.  ******* said he could not reinstall the pool steps because they weighed several hundred pounds and there was only six inches of water in the pool at the time.  ***** advised that he would not be able to move the stairs himself and asked ******* to stay.  ******* and crew then dragged the pool stairs across the deck making deep scratches, and installed the stairs when there was only 8 inches of water.  ******* then headed to his vehicle again.  ***** stopped him and asked him if he was going to clean the pool deck which was absolutely filthy, and he said no, that was up to Kayak.  ***** asked him if he was going to take the 47 bags of Poolcrete leftover, and ******* said no, that was also up to Kayak.  At this point ***** continued his role as project manager, supervising completion of the pool filling, switching the valves, checking for leaks, and using his tractor to move the pallets of Poolcrete and having to clear space in our garage so he could secure a dry place to store the 47 bags and so we could park in our garage again.  We decided to clean the deck ourselves so we could use the pool, but it turned out the deck was not covered in dirt but was actually covered in Poolcrete.  It cannot be removed from the deck.

  
  Having still heard nothing from Kayak, we filed another complaint with the BBB on September 17 because the missing parts for the ladder had still not been delivered, no one had picked up the 47 bags of Poolcrete,and no one from Kayak had even looked at the pool since it had just 8 inches of water in it.  Hard bottoms are a brand new option at Kayak, and it seems clear that either one of two things happened:  1) no one at Kayak has any idea how much Poolcrete it takes to install a hard bottom so they have no experience yet doing them; or 2) the hard bottom was done incorrectly again, and the surface is much thinner than it should be. Kayak had the pool water delivered on August 26, and it took 6 days for the water to warm up enough with the solar cover to even think about getting in.  That brought us to August 30, and the traditional time to close a swimming pool in ******* is Labor Day weekend.  Although Kayak had known since at least November 2022 that having a full 2023 swim season was a firm condition of our purchase, we lost the entire season of swimming, while Kayak has enjoyed the use of our $11,495 since February 14, and also enjoyed the use of our $41,174 since May 8.  On June 17, we paid Kayak the final $1,000.  Kayak will have profited from our $53,669 for about 18 months before we are finally able to enjoy swimming in our pool in May/June 2024.

  
  We DISAGREE that the contract explicitly states, Customer understands the current timeline of Early/Mid-Summer 2023 installation, subject to weather,financing, and unforeseen circumstances, based on the installation checklist date.  The contract actually states, Customer understands current timeline of Early/Mid Summer 2023 installation pending weather,financing, and any MAJOR unforeseen circumstances (emphasis added).  Clearly, MAJOR unforeseen circumstances are very different than unforeseen circumstances. Please note that ******* enjoyed excellent pool installation weather this year, we paid cash for the pool, and Kayaks refusal to communicate by constantly ignoring telephone calls, voice mails, text messages and emails for months is NOT a MAJOR unforeseen circumstance.  In addition, Kayaks failure to properly install our pool and subsequent refusal to mitigate the failure of the hard bottom was NOT a MAJOR unforeseen circumstance.  It is instead evidence of Kayaks clear pattern of deceptive business practices. A business cannot include a catchall phrase like MAJOR unforeseen circumstances and then use it as a pretext to constantly and consistently breach contracts willy-nilly. 

  
  Our agreement with Kayak included Kayak managing and being responsible for the pool installation. We have spent the past five months managing and coordinating the entire installation process.  We made endless telephone calls, left voice mail messages, sent emails and sent texts, only to be repeatedly ignored until the entire summer went by.  We had to reach out to the installers ourselves to try to get on their schedules, and we spent the entire spring and summer birddogging the whole process. 

  
  I had originally intended to print documentation of Kayaks consistent pattern of taking a customers money and then pretending the customer doesnt exist, but there were far too many examples!  A cursory review of the dozens of complaints filed with the ******* BBB provides clear and convincing evidence of their business pattern.  It is worth noting that when we filed our complaint with the BBB, the BBB had a red box warning that Kayak Pools Midwest had lost its accreditation because Kayak had been telling customers that it would only fix problems that had been filed as complaints with the BBB if the customer first told the ******************** that the complaint had already been fully resolved by Kayak!  In other words, they were using extortion to try to improve the number of unresolved BBB complaints displayed on the BBBs website. In addition, a cursory review of discussions about Kayak Pools Midwest on ******** reveals additional evidence that they take a customers money and then go radio silent as a matter of business practice.

  
  On September 19, Kayak finally had a vendor pick up the remaining bags of concrete from our garage. He took 46 of the 47 bags, leaving one to spill all over our garage floor.  Once again, we were tasked with cleaning up Kayaks mess.

  
  As resolution, we requested Kayak either clean/repair the deck or replace it.  Kayak has now agreed to replace the damaged decking as long as we provide photos and as long as we go out and figure out exactly how many pieces of the deck need to be replaced, as well as their dimensions, as the sizes vary. They have also agreed to supply the missing parts as long as we figure out which parts are missing and provide them with a list.  Continuing in our role as project manager for installation of the pool, we will do our best to figure out both of those things for Kayak.  In addition, we already provided Kayak with photos of the deck concrete stains and deep scratches, but we will go to the effort of once again gathering the evidence since they have not bothered to look at the documentation we have already provided. 

  
  Kayak has offered to pay for additional charges to our water bill.  Once again, it is clear that Kayak did not bother to read our complaint carefully as were not asking for separate compensation for our water bill.  We were simply trying to help them understand a piece of why their hard bottom failed. 

  
  As further resolution and given the extremely poor workmanship previously provided by Kayak, we had requested that someone at Kayak perform a final inspection of the pool since they were hands off throughout the entire installation process. Kayak responded that Its important to note that the customers checklist indicates that they did not contract us to obtain their permit.  In this case, Mr. and *************** are responsible for initiating the inspection process themselves.  Obviously, we obtained our own pool permit from the city back in February, and we obtained our own final inspection from the city ourselves in August.  What is actually important to note is that we find it intellectually incredible that with nearly half a year of complaints from us under their belt, Kayak was still unable to grasp that we think someone from Kayak should personally take a gander at their finished product and inspect it for completion.  But fear not, we will continue to carefully keep an eye on our finished pool in the best way a ****** can.  After all, we WERE responsible for the installation! 

  
  Our final request for resolution is that Kayak to provide us a refund of $15,000 to compensate us for Kayaks breach of contract; for Kayak failing to properly, fully and promptly install our pool; for our loss of enjoyment of an entire year of swimming despite Kayak having agreed to early/mid-Summer installation as a condition of the contract; for the loss of the benefit of our use of our $53,669 for ***** months; for the time used, energy spent and emotional distress suffered in the many months of trying to force Kayak to perform their end of the contract; for causing our water bill to rise while overflowing our pool; for using our garage for storage; for requiring us to get our tractor and move ************************************************************ it; for requiring us to handle disposal of their trash, the old hard bottom and the old liner; for requiring us to position the valves correctly post-installation; for requiring us to fix the safety gates; and for requiring us to be responsible for the majority of the project management and coordination involved in installation of the pool. 

  
  Obviously, if we had known that we were going to be responsible for managing and coordinating the entire installation process, we would have simply purchased a pool and then installed it ourselves.  It would have involved far less time and far less heartache, it would have been installed in May, we would have enjoyed a full season of swimming, and it would have saved us TENS OF THOUSANDS OF DOLLARS!

  
  

  Customer response

  10/05/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  [Provide details of why you are not satisfied with this resolution.]

  As requested, please see the attached rebuttal to Kayaks response to our complaint.

  
  *In the interest of brevity, please note that we have omitted the extensive documentation of how many times Kayak refused to respond to telephone calls, voice mails, emails or text messages over a five-month period.  Because it is critical to understanding the length and breadth of Kayaks breach of contract through their absolute refusal to communicate, their absolute refusal to install our pool in a timely manner as required by the contract terms, and their absolute refusal to mitigate their own poor workmanship, please refer back to our original complaint filed August 6, 2023, for such details.

  
  We disagree that the original install date for the pool was June 10, 2023.  The original install date for the pool was May 29 with ***** and crew.  On May 23, we inadvertently learned that our installation had been cancelled.  No one from Kayak had contacted us about the installation being cancelled.  This was the beginning of the project management and installation coordination having to be managed by us.  We also learned our installation had been reassigned to Mark.  When **** didnt call us to reschedule, we finally reached Kayak only to learn that **** was no longer going to do our installation and it had been reassigned to *************  On June 14, ****** called to say he would be doing our installation June 15-17.  On June 15, ****** failed to show.  On June 16, ****** showed up and did a hard bottom installation that requires three full days in just 2 days.  Kayak told us the hard bottom would have to cure for 48 hours before the liner could be installed.  Instead of waiting 48 hours, ****** waited about 16 hours and then installed the liner.  Several parts were missing and ****** said he would return on June 22 to finish our installation.  He also forgot to turn off the water and left the hose running in our pool when he departed which we only discovered the next morning when we saw water gushing from the pool.  At that point, the additional water soaking the already still-wet concrete caused an immediate failure of the hardbottom.  Again, we managed the installation process by inserting a portable sump pump to lower the water level, and we also had to dig two trenches to divert the water away from the pool.  On June 22, ****** was a no-show again.  We then learned ****** would not be returning until July 5.  On July 1, we entered the pool and discovered rough, sharp rocks pushing up into the vinyl throughout the shallow end.  The rocks were pointed and painful to walk on, and there were several pockets of deep divots that were slick and could cause someone to lose their balance in the water.  The pool was NOT safe to swim in.  On July 5, we learned ****** would now not be returning until July 6.  On July 6, ****** advised us that the hard bottom failure was 100% his fault and that he would have to bust out the hard bottom.  He said the existing liner could not be used again once he removed it so he would have to buy a new liner for us out of his own pocket, and he said he hoped Kayak would give him a good deal on the purchase.  He said he would also have to pay for the installation of the new hard bottom himself, and he would also have to pay to have the pool refilled.  He then said he would not be able to return and redo the installation until the Fall.  We told him that was not acceptable because we could not safely use the pool.  After finally reaching Kayak on July 12, Kayak said ****** told them there were just a few rocks sticking up and that no new liner would be needed.  Despite ******* acknowledgement that the pool bottom had failed and a new liner would be required, Kayak told us we would NOT be getting a new liner, and since the pool wasnt leaking, Kayak had deemed it safe to swim in.  We requested someone from Kayak come out and observe the pool themselves, and Kayak said no.  Kayak also said ****** would not be coming to fix the pool until Fall.  Consequently, we requested another installer be assigned to immediately fix the pool.  Kayak said they could assign a new installer, but no matter who did it, the pool would still not be fixed until Fall. We tried to escalate the issue to the installation manager and our salesperson, but they would not respond.  On July 12, we tracked down ******, and he said he would be here on July 28 or 29, but he said he would only be peeling back the liner, busting out the hard bottom, installing a new hard bottom, and then he would be reinstalling the old liner.  When we told ****** he had already told us the liner could not be reused, he said it could be reused and then if it failed, it would be covered under warranty.  Of course, allowing the liner to fail would only extend the time we could not use our pool, and it would leave us with the task of draining the pool, paying for the labor to have the warrantied new liner installed, and then pay ourselves to have the pool filled again.  When ****** returned on July 29 and pulled back the liner, the hard bottom was crumbling in many places and was still not dry.  ****** offered to scrape out the rocks and patch the crumbing areas and divots with concrete.  He said as an alternative, we could wait for Kayak to send someone out to reinstall the pool.  He said regardless of which option we chose, the entire cost would fall to him.  We told him we did not want a patch job on the expensive hard bottom which was an upgrade we had paid for, and we told him we did not want him to reuse a liner that he already told us could NOT be reused.  ****** said he would contact Kayak immediately and let them know the pool needed to be reinstalled.  After hearing nothing from Kayak, we reached out to both ****** and the installation manager but neither one responded. 

  
  On August 6, after having exhausted all attempts to reach Kayak, we filed complaints with both the Indiana Better Business Bureau and the Indiana ************************* On August 7, Kayak called in response to the BBB complaint and said they would be in touch regarding installing a new hard bottom sometime that week.  They did not call.  Right before close of business on August 11, we called Kayak and insisted on a return call.  After much back and forth, on August 15, ******* called to say he would be reinstalling the pool beginning August 21.  On August 16, ******* called to reschedule the installation for August 20.  On August 19, ******* showed up unannounced.  He said Kayak had calculated that it would take 62 bags of Poolcrete to repour our hard bottom and that we would have to store it somewhere completely dry so it wouldnt get ruined if it rained.  We moved our car from the garage and allowed him to store the Poolcrete there.  On August 20, ******* arrived and removed the crumbling hard bottom and the liner.  Because ******* said he had no way to dispose of the old hard bottom, the liner, or the other trash, it fell upon us to take care of the entire site cleanup.  *****, Kayaks installation head, came out to observe the work, and he noted that ****** had clearly been in too much of a hurry and pointed out many areas of very poor workmanship.  ***** stated that ******* many mistakes had caused the hardbottom to fail.  ******* mentioned that while installing the new liner, he had to remove the electric conduit from the lights so he could remove the lights and reinstall them.  ******* said he would not replace the conduit and that we would have to hire an electrician to do that work.  Since it was Kayaks fault that the conduit had to be removed, it should fall on Kayak to hire the electrician to reinstall it.  ******* then announced he was leaving.  ***** asked him to first fix the two malfunctioning but critically important safety gates.  ******* discovered that ****** had not even put the screws in one to hold it onto the railing. ******* fixed that one but he could not fix the other one because the water delivery hose was still in place.  He showed ***** how to fix the remaining gate once the hose was gone.  ***** also asked him to reinstall the pool steps and to install the ladder before leaving.  Parts were missing so the ladder could not be installed.  ******* said he would order the parts from Kayak, have them shipped to us directly, and then we were to call ******* and schedule his return ourselves.  ******* said he could not reinstall the pool steps because they weighed several hundred pounds and there was only six inches of water in the pool at the time.  ***** advised that he would not be able to move the stairs himself and asked ******* to stay.  ******* and crew then dragged the pool stairs across the deck making deep scratches, and installed the stairs when there was only 8 inches of water.  ******* then headed to his vehicle again.  ***** stopped him and asked him if he was going to clean the pool deck which was absolutely filthy, and he said no, that was up to Kayak.  ***** asked him if he was going to take the 47 bags of Poolcrete leftover, and ******* said no, that was also up to Kayak.  At this point ***** continued his role as project manager, supervising completion of the pool filling, switching the valves, checking for leaks, and using his tractor to move the pallets of Poolcrete and having to clear space in our garage so he could secure a dry place to store the 47 bags and so we could park in our garage again.  We decided to clean the deck ourselves so we could use the pool, but it turned out the deck was not covered in dirt but was actually covered in Poolcrete.  It cannot be removed from the deck.

  
  Having still heard nothing from Kayak, we filed another complaint with the BBB on September 17 because the missing parts for the ladder had still not been delivered, no one had picked up the 47 bags of Poolcrete, and no one from Kayak had even looked at the pool since it had just 8 inches of water in it.  Hard bottoms are a brand new option at Kayak, and it seems clear that either one of two things happened:  1) no one at Kayak has any idea how much Poolcrete it takes to install a hard bottom so they have no experience yet doing them; or 2) the hard bottom was done incorrectly again, and the surface is much thinner than it should be.  Kayak had the pool water delivered on August 26, and it took 6 days for the water to warm up enough with the solar cover to even think about getting in.  That brought us to August 30, and the traditional time to close a swimming pool in ******* is Labor Day weekend.  Although Kayak had known since at least November 2022 that having a full 2023 swim season was a firm condition of our purchase, we lost the entire season of swimming, while Kayak has enjoyed the use of our $11,495 since February 14, and also enjoyed the use of our $41,174 since May 8.  On June 17, we paid Kayak the final $1,000.  Kayak will have profited from our $53,669 for about 18 months before we are finally able to enjoy swimming in our pool in May/June 2024.

  
  We DISAGREE that the contract explicitly states, Customer understands the current timeline of Early/Mid-Summer 2023 installation, subject to weather, financing, and unforeseen circumstances, based on the installation checklist date.  The contract actually states, Customer understands current timeline of Early/Mid Summer 2023 installation pending weather, financing, and any MAJOR unforeseen circumstances (emphasis added).  Clearly, MAJOR unforeseen circumstances are very different than unforeseen circumstances.  Please note that ******* enjoyed excellent pool installation weather this year, we paid cash for the pool, and Kayaks refusal to communicate by constantly ignoring telephone calls, voice mails, text messages and emails for months is NOT a MAJOR unforeseen circumstance.  In addition, Kayaks failure to properly install our pool and subsequent refusal to mitigate the failure of the hard bottom was NOT a MAJOR unforeseen circumstance.  It is instead evidence of Kayaks clear pattern of deceptive business practices.  A business cannot include a catchall phrase like MAJOR unforeseen circumstances and then use it as a pretext to constantly and consistently breach contracts willy-nilly. 

  
  Our agreement with Kayak included Kayak managing and being responsible for the pool installation.  We have spent the past five months managing and coordinating the entire installation process.  We made endless telephone calls, left voice mail messages, sent emails and sent texts, only to be repeatedly ignored until the entire summer went by.  We had to reach out to the installers ourselves to try to get on their schedules, and we spent the entire spring and summer birddogging the whole process. 

  
  I had originally intended to print documentation of Kayaks consistent pattern of taking a customers money and then pretending the customer doesnt exist, but there were far too many examples!  A cursory review of the dozens of complaints filed with the Indiana BBB provides clear and convincing evidence of their business pattern.  It is worth noting that when we filed our complaint with the BBB, the BBB had a red box warning that Kayak Pools Midwest had lost its accreditation because Kayak had been telling customers that it would only fix problems that had been filed as complaints with the BBB if the customer first told the ******************** that the complaint had already been fully resolved by Kayak!  In other words, they were using extortion to try to improve the number of unresolved BBB complaints displayed on the BBBs website.  In addition, a cursory review of discussions about Kayak Pools Midwest on ******** reveals additional evidence that they take a customers money and then go radio silent as a matter of business practice.

  
  On September 19, Kayak finally had a vendor pick up the remaining bags of concrete from our garage.  He took 46 of the 47 bags, leaving one to spill all over our garage floor.  Once again, we were tasked with cleaning up Kayaks mess.

  
  As resolution, we requested Kayak either clean/repair the deck or replace it.  Kayak has now agreed to replace the damaged decking as long as we provide photos and as long as we go out and figure out exactly how many pieces of the deck need to be replaced, as well as their dimensions, as the sizes vary.  They have also agreed to supply the missing parts as long as we figure out which parts are missing and provide them with a list.  Continuing in our role as project manager for installation of the pool, we will do our best to figure out both of those things for Kayak.  In addition, we already provided Kayak with photos of the deck concrete stains and deep scratches, but we will go to the effort of once again gathering the evidence since they have not bothered to look at the documentation we have already provided. 

  
  Kayak has offered to pay for additional charges to our water bill.  Once again, it is clear that Kayak did not bother to read our complaint carefully as were not asking for separate compensation for our water bill.  We were simply trying to help them understand a piece of why their hard bottom failed. 

  
  As further resolution and given the extremely poor workmanship previously provided by Kayak, we had requested that someone at Kayak perform a final inspection of the pool since they were hands off throughout the entire installation process.  Kayak responded that Its important to note that the customers checklist indicates that they did not contract us to obtain their permit.  In this case, Mr. and *************** are responsible for initiating the inspection process themselves.  Obviously, we obtained our own pool permit from the city back in February, and we obtained our own final inspection from the city ourselves in August.  What is actually important to note is that we find it intellectually incredible that with nearly half a year of complaints from us under their belt, Kayak was still unable to grasp that we think someone from Kayak should personally take a gander at their finished product and inspect it for completion.  But fear not, we will continue to carefully keep an eye on our finished pool in the best way a ****** can.  After all, we WERE responsible for the installation! 

  
  Our final request for resolution is that Kayak to provide us a refund of $15,000 to compensate us for Kayaks breach of contract; for Kayak failing to properly, fully and promptly install our pool; for our loss of enjoyment of an entire year of swimming despite Kayak having agreed to early/mid-Summer installation as a condition of the contract; for the loss of the benefit of our use of our $53,669 for ***** months; for the time used, energy spent and emotional distress suffered in the many months of trying to force Kayak to perform their end of the contract; for causing our water bill to rise while overflowing our pool; for using our garage for storage; for requiring us to get our tractor and move ************************************************************ it; for requiring us to handle disposal of their trash, the old hard bottom and the old liner; for requiring us to position the valves correctly post-installation; for requiring us to fix the safety gates; and for requiring us to be responsible for the majority of the project management and coordination involved in installation of the pool. 

  
  Obviously, if we had known that we were going to be responsible for managing and coordinating the entire installation process, we would have simply purchased a pool and then installed it ourselves.  It would have involved far less time and far less heartache, it would have been installed in May, we would have enjoyed a full season of swimming, and it would have saved us TENS OF THOUSANDS OF DOLLARS!

  
  
  Regards,
  
  *********************

  
  

  Customer response

  10/10/2023

  As a supplement to our rebuttal of October 4, 2023, please see the following attached documents in support of our complaint that Kayak Pools Midwest has a clear pattern of deceptive business practices and a clear pattern of breaching contracts while using the MAJOR unforeseen circumstancesclause as a pretext for taking a customers money and then going radio silent,resulting in Kayaks failure to perform as required by the contract.  In addition, you will note that in response to complaints, Kayak falls back on their annual Fall/Winter closure of the business as the reason why they cannot resolve customer complaints until the following Spring.  Once Kayak has entered into a contract that requires their performance, they should not close shop for the Fall/Winter seasons when there is much work still to be done in order to honor the contracts they have signed. 
  
  Google Reviews of Kayak Pools Midwest for October 2022 through October 2023.  Reviews are sorted chronologically by the most recent review.  All reviews are included whether positive or negative in nature.
  
  BBB ******* Complaints regarding Kayak Pools Midwest All complaints available on the website as of October 10, 2023, are attached.  There are 60 complaints in the last three years, with 11 closed in the last 12 months.  Please note the BBBs red box warning resulting in Kayaks BBB revocation.  We captured that warning in a screen shot on August 7, 2023, and it is referenced repeatedly in customer complaints.  We do not see that warning on the BBBs website today.  We looked up three of the largest pool installers in Central ******* and note that Pools of Fun has had 3 complaints in the past 3 years and 5 customer reviews resulting in a rating of 1 out of 5 stars, Angies Pools has had 1 complaint in the past 3 years and no reviews and therefore no star rating, and Family Leisure has had 9 complaints in the past 3 years and 3 reviews resulting in a rating of 1 out of 5 stars.  These ratings are not surprising because one typically only contacts the BBB if you are unhappy.  We find it interesting that Kayak Pools Midwest has had 60 complaints in the past 3 years and yet 150 reviews so positive that their rating is 4.11 out of 5 stars. 
  
  ******** posts from the Official Kayak Pools Owner Group regarding Kayak Pools Midwest.  Posts are sorted chronologically by the most recent review. All comments on the group page regarding Kayak Pools Midwest as of October 10, 2023 are included.  It appears the group was not formed until approximately May 1, 2023.  Please note that there are multiple references to people being blocked from ******** groups re Kayak once negative comments have been made.  All comments to the posts are included whether positive or negative in nature.  Please note that with all of the negative posts about Kayak Pools Midwest, there are almost no positive comments in reply and very little reporting of positive experiences in reply.  However, with the single exception of the July 8, 2023, post from ********************, there was a swarm of 20+ positive comments supporting Kayak Pools Midwest.  We find it interesting that there was massive Kayak support on a single post, most within a single two-week period.   
  
  We appreciate your kind assistance with this matter.  

• Initial Complaint

  07/20/2023

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  April-***** we ordered a pool from Kayak Pools Midwest, we were told a delivery date of mid July 2023. We were told our pool is done being manufactured, its ready for delivery yet we cannot get ANYONE to give us a delivery date. Not one single person will give us a delivery date, everyone passes the buck. Weve gotten no answers at all. All we get is youll get an email by end of business day but it never comes. We have a child with 2 disabilities, we are solely getting this pool for his therapy. We put a large sum of money down on the pool in the beginning of this process as they said it was required to assemble the pool. They will give us no answers they just brush us off

  

  Business response

  07/31/2023

  We have been in communication with this customer throughout the last several weeks. The reason their delivery was delayed was because they had not submitted a copy of their permit to our office. We have to have a permit on file in order to deliver the pool. **************** was working on securing the permit and once he sent it in to ** we got the pool delivered within a week. Our standard delivery timeline is 2 weeks, but we got his pool delivered sooner for him once we received the permit. His pool was delivered last week. Thank you!

  Customer response

  08/01/2023

  They have delivered our pool and is set for installation tomorrow, as long as the terms are met and installation is completed in the 3 to 4 day timeframe as in the terms of the contract that will be satisfactory 

  Customer response

  08/14/2023

  
  (There are several issues, things that are broken, things that werent done, things that were taken by installer from our pool package. This is the letter I sent several times with no answer back yet) 
  The leak is getting bigger and faster I need this fixed along with the other issues. In green that is not a ball valve that is a check valve for the strainer. It only shuts off the drains from the bottom of the pool and the strainer. So we need 2 shut offs on the returns so we can isolate the heater, the chlorinator and the returns, if do not get these shut off valves put in like they were supposed to be and therefore we cant winterize the pool properly when the time comes and that will be soon! 2ndly in our package there are 2 return ports and one light. The 2nd return port was supposed to be installed in the opposite end of the pool to give the pool some circulation, we specifically ordered 2 return ports for that reason. We have them both but one has not been installed. We need that corrected. Adding our light doesnt mean that eliminates a 2nd return that we bought in our pool package and paid for to be installed. Thank you for ordering the flex pipe, let me know asap about the filter top casing. We do need that 2nd port that we bought in our pool package installed so let me know ASAP when that will be installed. I need these issues addressed immediately, I havent heard anything back from you

  

  Business response

  08/25/2023

  We apologize for any inconvenience you've experienced with your recent pool order. There seems to be some confusion regarding the return ports included with your purchase. We want to assure you that we've already been in contact with you to discuss this matter. Our installation manager has ordered replacement parts, which will be shipped directly to you for your convenience. Thank you for your patience as we work to resolve this matter promptly. Your satisfaction is important to us.

  Customer response

  08/28/2023

  Kayak pools has not addressed the matter of the second port that should have been installed and that we paid for. Secondly that did not install the water walls that we paid for therefore will not sustain the integrity of the pool walls. Its just bare wood, we paid for Gray water walls to be put around 3 sides of the pool and was not done pics included 

  Customer response

  08/29/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  [Provide details of why you are not satisfied with this resolution.]

  From the CONSUMER:

  Sent 8/28/2023 10:43:07 AM

  Kayak pools has not addressed the matter of the second port that should have been installed and that we paid for. Secondly that did not install the water walls that we paid for therefore will not sustain the integrity of the pool walls. Its just bare wood, we paid for Gray water walls to be put around 3 sides of the pool and was not done pics included 
  
  Regards,
  
  ***********************

  
  

  

  Business response

  08/30/2023

  The ****** have raised issues concerning the second return listed on their packing list and the installation of pool walls. Firstly, it is important to note that the second return listed on the packing list is intended for the installation of an LED light, as explained to ***** by our installation manager. Upon reviewing the customer's signed contract and checklist, we found no record of an additional return being requested. Regarding the pool walls, our pools are designed with walls that have one side white and the other gray, serving as essential components for supporting the deck. These walls are installed between the top and bottom channels. To protect these walls from dirt and backfill material, which is crucial for maintaining the warranty's validity, we install plywood on the exterior. The warranty clearly states that backfilling directly against the walls is not allowed. For this specific installation, the customer opted for a ****** recess with a ****** slope dig. Accordingly, plywood was installed to accommodate this requirement, enabling the customer to backfill to the specified height. It's important to note that a gap intentionally exists between the plywood and the wall to prevent any material from being placed directly against the walls, which would violate the warranty guidelines. I have included the ******' signed contract, checklist and a photo of the ******' walls during installation for review. 

• Initial Complaint

  04/15/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Good morning,My husband has been trying to get ahold of someone to fix the issue with our Kayak pool since last summer. (7/26/2022). My husband has sent numerous emails and gets no response or a response to send a picture and no one will follow up. We have paid for the repairs, new walls, new liner, lines/pipes, etc. But ***** who installed the new liner, drains, ************* on 7/20/2022. We had the water brought in the next day and paid $500 for that. We noticed the water level was dropping at a fast pace and found out the pipe was cracked because ***** DID NOT replace ALL the pipes that we paid to have him replace (you can see the new lines are bright white and the old lines/pipes are not). We took a video and sent it to him on 7/26/ 2022- he said to plug the drains and run it off the skimmer until he could come out and fix. We cannot get ahold of anyone!! Weve put $10,000 into replacing this pool and no one will get back to us. We just want our pool fixed but we cannot get anyone to get back with us!! Please contact us ASAP!!I have included pictures of the pool, texts with ***** the ***************** of the ************************************* ********************************************************** **We also have a video of the leak**

  

  Business response

  04/17/2023

  The service manager has been in contact with ******* regarding the issues with his Kayak Pool. As per their discussion, we have ordered a new liner for their pool and will have it shipped to their home. Additionally, we will replace the water to fill the pool. We have also notified *****, and he will contact ******* within the next couple of weeks to schedule the repair work.
  Regarding the return of the walls, once we pull the liner back and confirm that new walls are not needed, ******* has been directed to contact Kayak ******** directly to arrange the return of the walls. We have provided the customer with the contact information for ********************** ********.

• Initial Complaint

  01/27/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Paid almost 15k as a deposit and something has came up that was out of my control which is causing me not to be able to proceed with my pool install. Nothing has been done on my property nor do I even have an install date. I was told I would lose all of my deposit verbally by a person from marketing. I dont think its fair to keep all of someones deposit with no clause that says its a non refundable deposit.

  

  Business response

  02/03/2023

  Kayak understands that the ****** experienced some unexpected circumstances that have prevented them from proceeding with the installation of their pool. However, please be advised that according to the attached contract signed by the ******, their cancellation of the pool order or any other breach of the agreement will cause substantial damage to Kayak Pools Midwest. Per the agreement, If they cancel the pool order due to their fault, they agree to pay liquidated damages equal to all monies paid or 15% of the total price of the pool, whichever is greater, unless a lesser amount is agree upon. We apologize for any inconvenience this may have caused. We are available to discuss the terms and conditions of the contract further if needed. 

• Initial Complaint

  01/26/2023

  Complaint Type:

  Delivery Issues

  Status:

  Resolved

  More info

  We had a pool installed by kayak pools in august of 2022. During the initial Installation stairs were installed, as we paid extra for those. In about September 2022 an identical set of stairs were delivered to our house by katak pools, even though we already received ours and they were installed. We did not receive notification by kayak or any shipping companies and did not authorize this delivery. Immediately we reached out to kayak pools midwest and spoke to ****** via email. She initially responded stating that she would look into it. 30 days later I sent another email to her and she stated she would email with more information. Late december 2022 I emailed her as I had not heard anything, and let her know she could either let ke know the date they would be picking up the stairs (they are huge, on a pallet, and taking up our driveway) or a number to someone besides her I can speak to. We still have received nothing. We are stuck now with these huge stairs in ur driveway that Kayak will not pick up, and we cant move on our own and are fearful if we did, they might be harmed. Please help!

  

  Business response

  01/31/2023

  We do apologize for the delayed response. Kayak will be contacting ***************** today to arrange pick up of the steps this week. 

  Customer response

  02/03/2023

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID ********, and find that this response/resolution is satisfactory to me. 
  
  Kayak followed up right away and have removed the steps from our driveway. Thank you!

  Regards,

  *******************

• Initial Complaint

  01/24/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  On October 14, 2022 Kayak Pools Midwest began the installation process of an above ground pool. The crew was not very experienced in the process. On Saturday, October 15, 2022 prior to the pool being filled with water I clearly pointed out the pool was not level. I was told it was and the pool was filled with over ****** gallons of water. The pool was not level by about 3 1/2 inches. It took in excess of a week to get any response from Kayak regarding the plan of correction. In the meantime I was told by the supervisor on the install that the company could not secure someone to siphon off the water. I was able to secure a company to pump the water out at a cost of $2,800. The install supervisor instructed me to engage that company and I did. I was told by that supervisor that since this was a result of the pool not being level that Kayak would reimburse me for my out of pocket expenses. I have made repeated attempts at getting this resolved including emailing the company and invoice for the services with 2 options. Option 1: Reimburse me $2,800 and I would then return $1,000 for the final payment on the purchase. Option 2: Reimburse me $1,800 and we are even. Another employee named ***** came to correct the matter and, in fact, discovered at least 2 other installation issues.

  

  Business response

  02/02/2023

  **************** was instructed by our employee to secure a water truck and Kayak would reimburse him. We appreciate the assistance in acquiring the truck and apologize that it has taken us a moment to get this resolved.  Kayak agrees to ****************************** option 2. We have adjusted the final payment of $1000 off of ****************************** account. He will be receiving a payment of $1800 within 7 to 10 business days.   

  Customer response

  02/02/2023

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID ********, and find that this response/resolution is satisfactory to me. 
  
  
  

  Regards,

  ***************************

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩