Discussion in 'Mexico Timesharing' started by Travellerneeding help, Feb 1, 2019.
What resort is it? It will make a difference as to who can help you.
First thing to do is to call your credit card company and let them know the charge for this contract, which is probably pending, is cancelled.
Write a letter to the company who sold this to inform them this contract has been cancelled by you within the rescission period. Keep to the point.
Don't engage in conversation with the sales team.
Inquire with the front desk what the rate difference is before you talk to anyone at the resort. Try to get it as a quote in writing.
" I suggested to a friend of mine that they might consider upgrading their room next time here to what I now have. What will that cost?"
Then: Make the cancellation preferably with a PROFECO office if one is in the resort town you are in or use the website mentioned above and call them as they have English speaking helpers who can help you. Then email the resort attn VLO and CC the sales manager (that you met at closing) informing them that you are rescinding the sale.
Finally, go to the front desk again and let them know you canceled your membership and want to be moved back to your original room. This will usually cause the salesman to run up to the desk and ask you to step in back to discuss. Let he/she know you have already canceled with Profeco and are now requesting your original room back since you are no longer entitled to the upgraded room. The salesman will lie to you until you think you want to keep it- DO NOT keep it. Insist it's a done deal- It's already canceled- you have buyers remorse. No other explanation needed.
They will most likely debit the difference in rack rates between the two rooms while you were upgraded for making a purchase.They have a right to that cost difference and any other freebees (eg. lobster dinner for 2) that were NOT part of the presentation invitation incentives.
They will most likely subtract those hard costs (not commissions etc) from your deposit before returning it. Do not pay the upgrade cost upon check out.
The salesman will say you'll loose you entire 20% deposit just for the room upgrade you received so why not keep the contract- Response "It's already canceled. I'll let Profeco determine the penalty if any"
Once the salesman knows you have a cancellation filed with Profeco they must leave you alone while on property. If they contact you again, list that on your Profeco follow up.
It's going to cost you a few bucks but you will sleep much better tonight when this is all done. Try to enjoy the rest of your stay and welcome to the world of Timeshare sinners. We've all been there!
You should cancel and do whatever you want regarding the incentive. Personally, I would go back to the previous resort so there wasn't additional pending charges on my credit card from this resort. I would be disputing all charges so I could get my deposit back.
If these guys added an incentive so you would buy, that incentive is part of the timeshare purchase and is revocable if you cancel within the rescission period of five days not counting Sunday. You do not owe anything for the incentive until you actually buy the contract.
Many Mexican TS companies list bogus physical addresses and email addresses so you can't rescind by email and say they never received your letter which is why most folks use Profeco or have the letter overnight mailed (DSL) to the resort so they have proof of receipt within 5 days.
No resort will help you cancel.
You have 5 days after the contract is signed to cancel it. Day 1 is the day AFTER you signed it. There is NO COST to rescind!
Follow the instructions exactly. If PROFECO is not available, you'll just have to do it yourself. Write the letter, take it by hand to the sales office. Get someone to sign that they received it. It won't be easy. They are trained to sell you more, to upsell, and never give back any money, but if you are not returning to the U.S. before the 5th day, it's all you can do.
DO NOT use Mexican Post office. (Correo) Worst mail system in the entire world.
Save copies of all correspondence- especially that showing you made a good-faith attempt to cancel.
If worse come to worst, re-start the process after you return home, but this is serious and should not be taken as an excuse to not get it out of the way within the allowable time frame. If they really want to play hard ball, you could find yourself with crippled credit or owning an unsaleable timeshare.
You keep mentioning 'They'. Who are 'they'? Why do you listen to them? If 'They' are the resort salesweasels, 'they' don't have your interest at heart. Only their commissions. The term 'rescission' means exactly to put affairs back in the order they were as if you had never signed a contract at all. You don't have to pay anything on a contract that is being cancelled as if the ink never hit the paper!
"They" are not trying to help. They are trying to delay you and/or talk you out of cancelling. You need to rescind in writing not orally and not by email. Ideally you want a receipt that it was received. They can tell you that you that you rescinded if you did it wrong just to make you miss the deadline for the required written rescission.
If you received an incentive for signing the contract, like an upgrade to a better unit and you used that incentive, they can charge you the rack price for the upgrade for the nights you used it. If you received an incentive that you didn't use or that you can return, you should owe nothing.
TUGBrian and Eric B like this.
Here is a profeco brochure.
They can charge you for the upgrade but you are under no obligation to pay for a marketing incentive. You didn't purchase the upgrade, you purchased a timeshare and they gave you an upgrade. If you cancel the contract the gift of an upgrade is not a purchase of the upgrade. If is still a gift. I would tell my credit card company that I dispute any charges from this company.
It is pending. Dispute every thing. They don't have your signature on anything other than the contract. That is the only thing that was authorized by you and it will be disputed.
I remember signing a lot of stuff though even authorizing a credit card use the receipt is actually in Spanish. I hope everything works out well. I just left the hotel.
Read that contract and follow the instructions EXACTLY. Cancelling with only Profeco will not work - the resort must have a copy that is signed and dated. Take your Cancellation letter to Customer Services - NOT the Sales department. Ask for a copy verifying that you have cancelled / rescinded your contract. You mayneed this for your CC company. If you do not have something in writing before the end of day 5, it is still yours!