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Urgent help needed: still within rescission period

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First, I want to appreciate any help you guys may provide. I recently bought a timeshare but I am still within the rescission period.

In the contract, the only thing about cancellation is this:

Rights of cancellation: the Member may cancel this purchase agreement within 5 (five) business days following the date of purchase, with no penalty. The application of cancelation shall be made in writing at the place of the sale or the address of the vendor or intermediary or the legal representative of the corporation or at the email provided by the vendor or intermediary indicated in the agreement or by the means established in the Ley Federal de Protection al Consumidor (Federal law of Consumer Protection).

I am still in the hotel area. Should I go to the sales office and submit the cancelation request in person? If yes, what kind of acknowledgment should I get from them? If not, what's the best way to submit the cancelation request?
 

PamMo

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If you go into the sales office, you will be hounded mercilessly to keep the contract. They'll use every trick in the book to convince you to keep it, so stay strong and say, "NO." If you want to end it quickly, and can handle the pressure, just walk it back in, with a dated "cancel" note on the contract, and tell them you changed your mind. They will balk, but insist on a written notation of your cancellation, and take a photo while you're in the office.
 

Fredflintstone

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I would make it formal. Those losers at the Sales Office lose things all the time.

Write a formal letter telling them you are using your cancellation rights and want a full refund. Send the letter to whatever address they state in your contract. Send certified mail, return receipt and fax the same thing to the fax number they provide. Do not accept calls. Keep EVERYTHING in writing so they can’t weasel out.


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dioxide45

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I would make it formal. Those losers at the Sales Office lose things all the time.

Write a formal letter telling them you are using your cancellation rights and want a full refund. Send the letter to whatever address they state in your contract. Send certified mail, return receipt and fax the same thing to the fax number they provide. Do not accept calls. Keep EVERYTHING in writing so they can’t weasel out.


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This is Mexico, I wouldn't trust the postal service to deliver it. Fax or email seems like the best option. The problem is that no fax or email address was provided.
 

Passepartout

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You're kind of keeping us in the dark here. It might get dicey to hand carry your rescission letter into the sales office. If you can get to a PROFECO office (the Mexican Consumer Protection office), I'd do that. Mexican mail (Correo) has no equivalent to USPS Certified mail. Perhaps DHL can provide a signature required receipt. Sorry, I just don't know.the

Mexican law is different than US law, but if you turn a letter in and require a signed receipt, you should be fine, but expect a hassle.

Good Luck

Jim
 

dioxide45

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PROFECO doesn't have any real authority however. The rescission letter still needs to be delivered to the developer. Perhaps PROFECO can help address it or fax or email it to ensure it gets there, but for Mexico, sometimes hand delivering it is still the best option. Do obtain some kind of proof that they accepted it.
 

Fredflintstone

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You're kind of keeping us in the dark here. It might get dicey to hand carry your rescission letter into the sales office. If you can get to a PROFECO office (the Mexican Consumer Protection office), I'd do that. Mexican mail (Correo) has no equivalent to USPS Certified mail. Perhaps DHL can provide a signature required receipt. Sorry, I just don't know.the

Mexican law is different than US law, but if you turn a letter in and require a signed receipt, you should be fine, but expect a hassle.

Good Luck

Jim

Good point. Does mexico have fedex or dhl or usps?

If there is no address on the contract, courier it to the resort itself i suppose or google the developer to get the address.


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easyrider

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Email, hand deliver with receipt of hand delivery is all that would be required. Calling the credit card company to dispute the charge also gives the rescission a timeline. I cancelled a Mexico contract in person with very little problem. The person I needed to speak with was never around. I emailed the sales manager and called my credit card company. I sent them a rescission letter as well. The resort sales person would not talk to me but did email me after a month or so to let me know the contract had been cancelled and how good a deal I lost out on, lol.

Bill
 
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Wow, thank you so much for your help! I think I should have provided more information:
1. What I purchased is Garza Blanca Residence Club. I made the purchase at Garza Blanca Los Cabos.
2. There is only one place about the address of the vendor (which is in Cancun, and the purchased membership can be used there as well) mentioned in the purchase agreement. Am I right that I should send to that address instead of the hotel in Los Cabos? Which department should I put in the address? It says:
"The vendor is a company legally established in Mexico .... The Vendor's business is Hotel Villa del Palmar - Cancun, at, Carretera a Punta Sam Kilometer 5200, MZA 9, lot number 3, SM2, Zona Continental del Isla Mujeres, Quintana Roo, Mexico 77400"
3. When I go back to USA, it will be still within the rescission period. Is it sufficient to send certified USPS mail from the USA to the above address? Is it based on the postmarked date, not the delivery date (3-5 days for USPS Express from USA to Mexico)
4. There is nothing about email or fax number mentioned in the purchase agreement.
 
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Fredflintstone

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Wow, thank you so much for your help! I think I should have provided more information:
1. What I purchased is Garza Blanca Residence Club. I made the purchase at Garza Blanca Los Cabos.
2. There is only one place about the address of the vendor (which is in Cancun, and the purchased membership can be used there) mentioned in the purchase agreement. Am I right that I should send to that address instead of the hotel in Los Cabos? It says:
The vendor is a company legally established in Mexico .... The Vendor's business is Hotel Villa del Palmar - Cancun, at, Carretera a Punta Sam Kilometer 5200, MZA 9, lot number 3, SM2, Zona Continental del Isla Mujeres, Quintana Roo, Mexico 77400.
3. When I go back to USA, it will be still within the rescission period. Is it sufficient to send certified USPS mail from the USA to the above address?

Yes, I would send to the vendors address in the document.

And yes, if you have time left, send from the US. Just be sure to get receipt requested, registered mail or whatever it’s called for international mail. You need a signature proving delivery.


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Email, hand deliver with receipt of hand delivery is all that would be required. Calling the credit card company to dispute the charge also gives the rescission a timeline. I cancelled a Mexico contract in person with very little problem. The person I needed to speak with was never around. I emailed the sales manager and called my credit card company. I sent them a rescission letter as well. The resort sales person would not talk to me but did email me after a month or so to let me know the contract had been cancelled and how good a deal I lost out on, lol.

Bill

Hi Bill,

You said: "The person I needed to speak with was never around". So you didn't get a receipt or confirmation of your cancelation from the sales office?
 
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In my original post, the purchase agreement mentioned:
"or by the means established in the Ley Federal de Protection al Consumidor (Federal law of Consumer Protection)"
It doesn't say explicitly that mailing a letter to the Vendor is an acceptable method for cancelation. But is mailing a letter a mean established in the Ley Federal de Protection al Consumidor?
 

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Once owned these: FirstFairway@Walden X 2; Lawai Beach; ManhattanClub; PuebloBonitoRose; 4 South Africa--now timeshare-free
On the Garza Blanca Residence Club website (https://www.garzablancaresidenceclub.com/about-us), their address is in Puerto Vallarta, but the contract is between Villa del Palmar - Cancun and me. Which one should I send the cancelation letter to?
If you've got two addresses, send a letter to both. While
you're still there, see if there's a Member Services office. If they have one you could go there in person and deliver your letter. Be sure
to get a receipt showing that you rescinded within the five business days.

If they don't have a Member Services office in Cabo, see if they'll give you contact info for wherever they have a Member Services
Dept.
 

TheTimeTraveler

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When you rescind, you can use the Postal Service of either Country; Be SURE to send it via REGISTERED MAIL and retain a copy of the Postmarked Registered Mail mailing receipt.

Remember; this is a Foreign Transaction so use REGISTERED MAIL ........

Additionally, you should send COPIES of all your paperwork (and mailing receipt) to PROFECO. This should also be sent via Registered Mail.




.
 
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mikenk

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If you've got two addresses, send a letter to both. While
you're still there, see if there's a Member Services office. If they have one you could go there in person and deliver your letter. Be sure
to get a receipt showing that you rescinded within the five business days.

If they don't have a Member Services office in Cabo, see if they'll give you contact info for wherever they have a Member Services
Dept.

Karen makes an excellent point. I believe almost all resorts are similar in that they have their sales people and they have their contracts people (the ones that actually sign the contract from their side). They are generally in the same area but in different offices. Those are the folks you rescind with.

The times I have rescinded with Vidanta, I have always done it in person with the Contracts people (Member Services). I never leave the Contracts office until I have returned all the paperwork and have a receipt I did so. They are perfectly free to call me later and up their deal - but after I have officially rescinded. Vidanta is making it more difficult as last time I had to deal with different people in Member Services - not directly with the person who I signed the contract with. I am guessing they will always make it harder - but I recommend always getting things resolved in person. I perceive too many loopholes in the mail-in process - not to mention the anxiety of waiting.

Mike
 

PamMo

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I may be a bit of a masochist, but I'd probably go into the office in person and rescind. I wouldn't want to fret about it for weeks, wondering if they got the paperwork.
 

easyrider

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Hi Bill,

You said: "The person I needed to speak with was never around". So you didn't get a receipt or confirmation of your cancelation from the sales office?

No. I'm not a shy person and I did go into the sales office while they were doing presentations twice. I was told that I needed to speak to Mr. some one. This person was never there. I ended up giving the cancellation letter to the check in concierge. I also emailed and called my credit card company to let every one know I cancelled this. I also sent them a letter from the USA when I got home. About a month later, the sales guy Mr. some one, emailed me back to let me know what a deal I missed and that the contract had been cancelled. By this time my Visa card had already decided against the resort.

Good Luck

Bill
 

easyrider

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oldbuyer

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You are in luck,. There is an office of Tourism (Cattac) located on the marina in Cabo. It's just (south) of Solomans Landing and past the Gringo Gazette office. Ask if lost. There is a PROFECO rep in the office who will help you and log in your rescission request. She can not file if for you but will help you get it addressed properly and alert Mexico City (home office). You can also call at 105 0551. They have regular daytime office hours. Both women in the office are bilingual.
see link: https://www.tribunadeloscabos.com.mx/tag/cattac/
 
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Thank you for all your support!
I am back home in the U.S. now (didn't want to deal with this on the last day of my vacation in Mexico). I called resortcom (the company handling reservations and financials for Garza Blanca). The person on the phone submitted my cancelation request through their system to Garza Blanca, and also give me the address to mail my cancelation request. So far I got 3 different locations from various sources, and I am going to send certified mail to all of them.
1. The resort in Los Cabos where I physically signed the contract (this came from resortcom member service representative)
2. The resort in Cancun (this is the business address of the Vendor in the purchase agreement)
3. The resort in Puerto Vallarta (this is the address on Garza Blanca Residence Club website)
Do you think I might miss the actual address I should send the mail to?
Thanks again.
 
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You can send it to all of them. Email works too. Fax as well. You could call resortcom to find out exactly where to send this to at 702-789-7265. They are in charge of reservations and financials.

Bill
Hi Bill,

Which resort (Cancun, Puerto Vallarta, or Los Cabos) did you physically signed the contract? And did you mail your request to the same resort? Thanks.
 

easyrider

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Hi Bill,

Which resort (Cancun, Puerto Vallarta, or Los Cabos) did you physically signed the contract? And did you mail your request to the same resort? Thanks.

My cancellation was for Pueblo Bonito Sunset Beach in Cabo. They do things differently there. Yours is a Villa del Palmar points membership. There are at least three developers and four membership types with this related group of resorts. Resortcom was hired for the financials at UVCI and the other membership groups.

All of my Villa del Palmars are resale buys. :)

Bill
 
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Thank you.
I have sent the cancelation request letter to all 3 addresses mentioned above. I sent them via USPS Priority Mail International, which comes with tracking (proof of send date and delivery date), and signature required. Certified Mail is only for domestic, and Registered Mail is only for first-class mail.
I will keep you guys posted when I received update from the other side.
Again, thank you for all your support!
 

echino

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Send an email as well.
 
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