# Canceling Vidanta Contract



## Perrykins

Please help, 

My husband and I purchased the Vidanta timeshare while on our honeymoon last week. We are a young couple and had no idea about this scam- actually we were told by staff we were too young to be eligible to purchase but we could still go to enjoy the free breakfast, 90 minutes to learn about how the program works for the future and discounted resort amenities. 

Our salesman was still in training and very confusing. They brought in the sales manager later who tried to re explain. We were there 8.5 hours, and told we could not leave their sight or we would lose the whole offer We started to cancel and leave because it became clear the salesman had explained things very differently than the woman who was explaining the contract. Then, they added a 'Vida Week'. Which the sales manager pretended he had never heard of...

We still have a hand written note from the sales presentation. 

We were told we would have equity in the timeshare and since we would have a literal see and title- we could use it towards eventually purchasing  real estate In Mexico. 
Never told about a 5 day period to rescind. 

What is the best way to go about canceling the timeshare?? 

Thank you for your help!!
I will keep you updated as this progresses.


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## MuranoJo

If you're still within the 5-day cancellation period (which you may not be?), please carefully review the contract and follow the rescission instructions as stated.

If you're past the 5-day cancellation period, notify any credit card company of your intentions to cancel the charge (if that's what you used) and follow up with Grupo's Customer Service team for support: grupomayanblog@grupovidanta.com.

They normally are helpful in situations such as this, but if you don't get resolution, do a search on this forum for Profeco--the MX visitor advocate which may be able to help you.


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## Perrykins

Thank you MuranoJo,

We are past the 5 day (on day 6). I will follow your advice-- hope that will get this moving in the right direction!!

Also, we did use a charge card but they opened them for us telling us we would have six months interest free to pay the deposit. I believe Barclay Card? But I don't have the paperwork with me at the moment. Any knowledge of how to cancel that or if it's normal for them to do it that way?


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## T-Dot-Traveller

Contact : Karen Rose / Member Services  at Vidanta / Mayan
< they use the name Karen Rose to respond to this type of issue> 

The email is in other threads on TUG 

Member Services is a separate dept from Sales 

Since you now own a contract with Vidanta - that is who to contact 
since you are past the 5 days - your situation is what it is . 

Read your contract as that is what really counts /  although member services 
has come to many agreements where  someone like yourself later reports that they are satisfied with the resolution , and have agreed to it within a confidentiality agreement .

******
TUG  stands for Timeshare Users Group,- so if you end up being an owner this is a great place to find out how to best use your timeshare .

Over half of all TUG members bought from the developer as you did - and are now happy they did . Some started just like you have .

Good Luck .

.


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## Passepartout

Be prepared for a fight. They will lie, promise, pull shenanigans, anything to keep you on the hook. DO get hold of 'Karen Rose'. But also contact PROFECO, the Mexican consumer protection agency who covers timeshare sales.

Both the above may try to tell you that the 5 BUSINESS days rescission period is past, and you are the proud new owners of a timeshare, but it seems to me that fraud was involved. That may help your cause to get it rescinded. Here's the PROFECO contact info:

The Profeco has a dedicated office to assist non-Mexicans who are already outside the country, the Conciliation a Extranjeros. You can reach them by email at extranjeros@profeco.gob.mx or by phone at one of the following numbers:
 (0155) 52 11 17 23,
 (0155) 56 25 67 00,
 (01 800) 46 88 722 

We wish you much good luck.

Jim


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## Karen G

Here's some information from another post on this same subject concerning "Karen Rose":

That is the name used by a Grupo Mayan team who checks out TUG Posts. They have now set up a name called Grupo Mayan on TUG, but they always sign as Karen Rose. They can help. Here is a sample of their normal posts:

Please contact us to be able to assist you.

If you have pending concerns with us, we have confidence they can be addressed as soon as we are contacted to continue this dialogue. We would like to hear about your experience with us, as part of our daily quest for improvement and high regard for customer satisfaction.

Being that said, the only way to assure that we get your message and follow-up is to contact us at grupomayanblog@grupovidanta.com.

We truly appreciate your time.

Sincerely,
Karen Rose
Customer Support Representative.


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## jschmidt

The 5 day cancellation period in Mexico is 5 Business Days.  Saturday and Sunday don't count as business days.  Hope this helps.


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## Perrykins

Update:

Vidanta/Grand Mayan member services called me this afternoon. Carlos Costas informed me he is not in sales and that he is my only hope of getting out of the contract by forfeitting our deposit  or what would be even 'better' for all involved if a renegotiation could resolve the issue. He told me Profeco could not help us and that if we did try to resolve the issue through the credit card he was 98% sure it would be denied, we would be out the entire deposit with nothing to show. It was a forty minute conversation, and a pretty bad one filled with scare tactics like: Vidanta is a powerful company and they didn't get that way by letting everyone who changes their minds out of contracts, and that they have great lawyers.  

So here are just a few of the major concerns I have, and am wondering if this is worth making a case of- instead of paying Vidanta any money if they are unwilling to handle in-house:
-First, we did not want to go to the presentation and we were told by staff we were too young to by anyway- but they said we could go to learn about the resort on a tour since we had just arrived and then enjoy a nice breakfast and a few perks for attending. Clearly untrue since they offered us the timeshare. 
-There was fraud involved including opening two credit cards in our names when they told us it was just to see if we were approved, having us falsify our incomes by combining them and then running both forms through the application process.
-They told us the contract was a physical deed and title for property in Mexico which would be in our hands that day and was equity for our future. 
-They never revealed we only had five days to cancel- instead they encouraged us to relax and enjoy our honeymoon and look at everything when we got home. 

He also said that the Mexican government gets almost all of the deposit money- the resort makes nothing. Is this true?  


.


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## Passepartout

How much truth there was to Carlos' presentation is debatable. I don't know how much down payment you made, but as distasteful as it would be, losing that would be better than the full-price buy in, then annual MF bills on something that is worth nothing. 

As far an I know, the salesman gets by far the majority of that down payment, not the government. That's why the salesweasels will say anything to make the sale.

I think I'd take Carlos up on the deal. And since you can bet that they are reading this, I'd smear their name all over EVERY travel, timeshare, TripAdvisor, and every other forum on the internet until I got every cent of my money back. How loud can you yell FRAUD, FRAUD, FRAUD?

Jim


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## DeniseM

I would not accept any deal, until I talked to "Karen Rose."

Be aware that you cannot believe *anything* you were told in the presentation.


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## Karen G

DeniseM said:


> I would not accept any deal, until I talked to "Karen Rose."
> 
> Be aware that you cannot believe *anything* you were told in the presentation.


I agree. Pursue everything you can through Profeco and the credit card company. Tell everyone about all the fraudulent things that were done.


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## Perrykins

I emailed Karen Rose, but have had no response from her although I would hope to as she sounds helpful in situations like this. 

It seems that the best option will be to contact Profeco, the Attorney General and continue to file the dispute with the credit card company Vidanta fraudulently opened in both of our names. The Barclaycard dispute team has been extremely helpful in the process asking that we document all of our attempts to cancel, even when they are ignored or countered because that is evidence enough. Still hopeful Vidanta group will wisely handle this without getting attorneys involved, although I have some options from someone who was recently successful. 

Thank you all again!


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## MuranoJo

Perrykins said:


> Update:
> 
> Vidanta/Grand Mayan member services called me this afternoon. Carlos Costas informed me he is not in sales and that he is my only hope of getting out of the contract by forfeitting our deposit  or what would be even 'better' for all involved if a renegotiation could resolve the issue. He told me Profeco could not help us and that if we did try to resolve the issue through the credit card he was 98% sure it would be denied, we would be out the entire deposit with nothing to show. It was a forty minute conversation, and a pretty bad one filled with scare tactics like: Vidanta is a powerful company and they didn't get that way by letting everyone who changes their minds out of contracts, and that they have great lawyers.
> .



I don't believe this guy was from Member Services, still sounds like someone from sales to me.  Stand firm, contact Profeco, and use the link I sent you in my original post, I believe post #2.  'Karen Rose' is just a cover name they gave to someone who, at one time, posted here on TUG from Grupo Member Services.  But the link above still goes to the same Member Services. Continue to post here, however, if you don't get resolution.


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## Perrykins

What a nightmare this is...
Still have not heard back from this Carlos. 
Contacted customer service at Vida and asked how I could contact member services. I was told only sales can handle cancellations. 
Of course, like all numbers I've been given this is another dead end. 
So, Grupo Mayan and Vidanta this is why you have an F BBB rating.


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## LannyPC

Perrykins said:


> We were there 8.5 hours, and told we could not leave their sight or we would lose the whole offer...
> What is the best way to go about canceling the timeshare?



Eight and a half hours?!?!  Wow, that has to be close to a record.  I have heard of 6-hour sessions but not eight.  And what was this "offer" you stood to lose if you left?

And as for the best way to cancel this, in addition what others have said, do not go contacting, Google searching, or clicking on Google ads from various firms claiming they can get you out of your timeshare, cancel your mortgage, sue the salespeople, etc.  Those are usually scams.


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## T-Dot-Traveller

*Vidanta Member Services*

Dear Perrykins,

Please read the following TUG thread :
Karen Rose - Grupo Mayan ...started by UPALLNITE  July 16 2016 

The OP wanted to have a specific sales promise fulfilled -but was overall a happy recent Vidanta purchaser .

While the circumstances are different , it does show that persistence can lead to positive results and that Vidanta Member Services may be of help 

**********.

Keep posting names and details 
Please elaborate on what you were told vs. what is in the contract .

1)Opening a Barclays credit card for you  probably does not constitute a scam 

2)   " Vida Weeks" do exist  - ( they are  used to exchange into a  non Vdanta resort using SFX and you pay a MF when doing this ) I would consider them an added " benefit" 
for purchaser / new owner - who wishes to not visit the same location /resort system for every vacation . ie -They are basically " pay on use , but no requirement to use / pay . 

*********
I would call Mon - Friday  9:30 am / 10: 30 am Central Time 
to Nuevo Vallarta where the Head Office of Member Services is located 

   ( Sales is busy on presentations at that time of the morning& I believe VMS is not opened on weekends )

.


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## MuranoJo

Perrykins said:


> What a nightmare this is...
> Still have not heard back from this Carlos.
> Contacted customer service at Vida and asked how I could contact member services. I was told only sales can handle cancellations.
> Of course, like all numbers I've been given this is another dead end.
> So, Grupo Mayan and Vidanta this is why you have an F BBB rating.



Have you tried the email address I mentioned in my post #2?  
grupomayanblog@grupovidanta.com

That's the address to Member Services.  If you got Carlos (who sounds like he's  in sales) by using that address, then someone forwarded to sales.  Try again.  Sure, use Karen Rose's name if you want to--I personally don't think it matters, as 'she's' the one who repeatedly encouraged us to use the blog address above.  And 'she' probably doesn't exist.


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## Perrykins

*Update*

Although I hoped this would be resolved- this is still an ongoing situation. 

I did follow all the advice shared above including emails to all the suggested contacts. Fortunately, the way the credit cards were opened was confusing enough that the credit card company closed the accounts and sent the info to their fraud department. 

So far, from Vidanta the only option given is a reduced price to stay in the contract or forefeit the whole deposit. We are not comfortable doing business or visiting a place that is willing to lie and take people's money when the guests have taken nothing from them. With so many 'happy and satisfied' customers I don't understand why they feel the need to lure people by lying to them verbally- while entrapping them contractually. It was even admitted to me that they know the salespeople lie. So, as enticing as it sounds it seems much better to see Cirque du Soleil in the states.


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## Passepartout

Perrykins said:


> So far, from Vidanta the only option given is a reduced price to stay in the contract or *forefeit the whole deposit*. We are not comfortable doing business or visiting a place that is willing to lie and take people's money when the guests have taken nothing from them.



The highlighted bit above may be the best you can do. I know how that will seem unacceptable, but it's preferable to being in their money-grubbing clutches with ever increasing monthly and annual costs that go on until you finally decide to stop the bleeding and sever your relationship regardless of cost.

Sorry for the reality check.

Jim


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## Karen G

Obviously I'm not a lawyer, but I always wonder why these Vidanta contracts can't be considered voidable. Here's the definition:

In contracts, voidable is a term typically used with respect to a contract that is valid and binding unless avoided or declared void by a party to the contract who is legitimately exercising a power to avoid the contractual obligations.
A contract may be voidable on the grounds of *Fraud*, mistake, *Misrepresentation*, lack of capacity, duress, Undue Influence, or abuse of a fiduciary relationship. *A contract that is based on one of these grounds is not automatically void but is voidable at the option of the party entitled to avoid it.* For example, a person who was induced by fraud to enter into a contract may disclaim the contract by taking some positive action to disaffirm the contract. Or the victim of the fraud may ratify the contract by his or her conduct or by an express affirmation after acquiring full knowledge of the facts.

In post #18 above the OP said Vidanta admitted that they know the salesmen lie.


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## Perrykins

They did admit that the salespeople lie for the sale, but said that it is too difficult to prove as it is your word against theirs. "What do you think they [sales]will say if I ask them did you tell her this, this and this? Of course they will say 'No, I didn't say that'. And that is why we have you sign the contract."

So, basically because we trusted what they told us from beginning to end it is our fault. As Vidanta Member Services told us we will learn a very expensive lesson.


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## Passepartout

Perrykins said:


> They did admit that the salespeople lie for the sale, but said that it is too difficult to prove as it is your word against theirs. "What do you think they [sales]will say if I ask them did you tell her this, this and this? Of course they will say 'No, I didn't say that'. And that is why we have you sign the contract."
> 
> So, basically because we trusted what they told us from beginning to end it is our fault. As Vidanta Member Services told us we will learn a very expensive lesson.



Yup. That's basically it. And there's that line in the fine print about verbal agreements not being binding and the only thing that matters is what's in the printed contract. Also why they won't let you record the sales presentation or take any of those papers with all the circles and arrows.

Like I said, the best you may do at this point is to surrender the deposit you made and consider it an expensive lesson you'll never repeat. Sorry.

Jim


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## Perrykins

They do try to trap you with the contract wording. 

Luckily for us we did make it out with two pages of the confusing sales notes with various prices and deals etc. 

The sad part is that true customer service would be admitting when your employees make mistakes and then making them right ie our salesman who was still in training.


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## LannyPC

Perrykins said:


> As Vidanta Member Services told us we will learn a very expensive lesson.



Try not to beat yourself up over this.  Unfortunately, many here on TUG have "[learned] a very expensive lesson".  Those "freebies" offered to attend a sales presentation are not free nor do they come with "no strings attached".  Many here on TUG have purchased (and overpaid) when thinking "I'm not going to purchase today.  What could be the harm in attending a 90-minute presentation?"

So you are not alone.


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## GeorgeB

The hand written note by the salesman is a critical piece of evidence that just may get all of your money back when everything is over and done with. Please scan it in color.  It will be needed soon.


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## JD58

I signed a contract on July 5 at their Riviera Maya location.  I emailed a rescission to them this morning (July 11) with an attached pdf document that is signed by me.  There is no physical address for sending a rescission letter via postal service.  The email went to the sales person and to owner services.


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## T-Dot-Traveller

I would be sure to  snail mail a copy to  Vidanta Member Services and get a post office receipt .
MUST DO before rescission time is over .

Here is a Nuevo Address from the website :

Vidanta
Av Paseo de las Moras
Fracc Nautico Turistico
Nuevo Vallarta Nayarit
CP 63735

Mexico

attn Member Services

( head office for Member Services is at Nuevo )


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## JD58

I'll send a letter to that address today (July 12), since this is the fifth business day after the contract date.  I did get a response to my email from Vidanta, as follows:

Thank you for contacting Member Services  at Grupo Vidanta Riviera Maya. Your message has been received and your case will be directed to one of our Member Services Representative who will be contacting you within the next 48 hours regarding your request. 

All messages are responded to in the order they were received. 

Respectfully Yours

Member Services Riviera Maya


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## Karen G

JD58 said:


> I'll send a letter to that address today (July 12), since this is the fifth business day after the contract date.  I did get a response to my email from Vidanta, as follows:
> 
> Thank you for contacting Member Services  at Grupo Vidanta Riviera Maya. Your message has been received and your case will be directed to one of our Member Services Representative who will be contacting you within the next 48 hours regarding your request.
> 
> All messages are responded to in the order they were received.
> 
> Respectfully Yours
> 
> Member Services Riviera Maya


Have you notified your credit card company that you have rescinded the contract? Be sure to do that if you haven't already.


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## JD58

Karen G said:


> Have you notified your credit card company that you have rescinded the contract? Be sure to do that if you haven't already.


I'll be doing that by this weekend.  Just to cover all bases, even though I have emailed Vidanta and the Mexican agency that oversees the industry, I also sent a letter via DHL (so that I can track it) this morning.


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