# AM Resorts, Unlimited Vacation Club



## Abeeson (Aug 26, 2014)

I just went to Secrets Marquis in Los Cabos part of AM Resorts and honestly, the hotel was great, the service was great, the food was great, it really was a five start experience, fantastic spot, heaven vacation. 

I just had the misfortune of going to one of their Unlimited Vacation Club presentation at their Dreams Los Cabos after sleeping barely 4 hours and what was supposed to be a 1.5 hr presentation became a 4 hour deal. 

I am a single mom with 2 kids who had not had a real vacation in 4 years. I was living the dream and they saw it! Believe me, they are good at what they do and I was very vulnerable, I just had received my divorce judgment. They drowned me in offers and beautiful promises of more perfect vacations explained to me in 25 different ways how I would be saving money on trips for the rest of my life, how this was a legacy program that I could pass on to my children, how privileged I would be by being a member of the club with preferred services and VIP status, and I bought into it. What can I say?  Every time I said no they came back with a better deal, free vacation days, extension of privileges you name it, I gave up and signed. 

The contract process is so long, probably on purpose, that I did not notice 3 essential things: 1/ that was entering in agreement with a company from Anguilla electing Dominican Republic law for litigation, 2/ that there was no clear mention of cancellation nor rescission time 3/ there is no real guarantee by agreement to truly have a great deal on any of the trips they offer. 

Upon my return I showed the agreement to a lawyer friend who told me the promissory note I signed fell under NY law so they could have leverage to collect the remainder of the fee but for the rest of the agreement, if I wanted to sue them, I would have to do it in Dominican Republic! 

So I called them to cancel, and then the nightmare began. Of course they told me it was not possible, they in was in their policy, that they would keep the money they collected etc. They told me someone would call me back, from the resort but no one did. 

I put a dispute with my credit card company, and am waiting on them to do their part. I have called everywhere, am about to send certified mail letters to all their contact offices. I am ready to fight this since I asked for cancellation within 10 days of the contract and I have never signed into the website and never used their services. 

I also read this: http://www.complaintsboard.com/comp...es-i-know-because-i-worked-there-c676258.html

Does anybody have experience with this? Thanks.


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## Passepartout (Aug 26, 2014)

Yet another reason 'vacation clubs' are not well thought of here. It matters little that you requested 10 days to be able to cancel. In Mexico, the law allows a 5 day rescission (cooling off) period.

You should open a file with the Mexican Consumer Affairs office, PROFECO, and cc them the contract you signed and any correspondence. I don't know how much they'll be able to help you, but it can't hurt.

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

Good Luck!

Jim


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## DeniseM (Aug 26, 2014)

One glaring problem is that "calling" to rescind has no legal weight.  Rescinding always has to be done in writing.  However, since you are dealing with a foreign entity, and questionable sales practices, putting it in writing may not have made any difference.

At this point, your best bet is to follow the advice of your attorney.


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## oct14puntacana (Jan 6, 2015)

Please let me know how you make out.  I signed up in Oct and have had nothing but trouble since.  I'm WAY past the 5 or 10 day period but I haven't used the club at all.  Everything is so difficult to do.  They make it sound so easy and streamlined.  Every vacation I attempt is met with one obstacle or another.  I'm so fed up and feel like a complete idiot for falling for this.  I have totally paid mine off and really want my money back.


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## theo (Jan 6, 2015)

*Baffled...*

Unlike the "lawyer friend" who reportedly reviewed the associated OP contract materials , I do not have benefit of actually seeing any of those documents. 
Accordingly, I certainly am not rendering any legal opinion or legal guidance of any sort. That being clearly stated, I will however raise a few questions to the OP:

1. On what basis do you (apparently) believe that you ever had 10 days to rescind the contract which you executed? (...I frankly do not believe that you did).

2. Have you submitted a formal complaint to PROFECO in Mexico? While I have (and I claim) absolutely *no* familiarity with foreign laws, I fail to grasp how a contract executed in Mexico can assert Dominican Republic (another country) jurisdiction .  I'd recommend at least *seeking out* PROFECO involvement in this mess. 

3. How a promissory note with New York reference for a foreign club (and OP indicates CA residency) fits into this puzzle at all is a complete mystery to me.   

*P.S.* My error in item 2. My eyes saw Los Cabos, but my brain apparently saw Cabo San Lucas instead; hence my Mexico question / misinterpretation. My bad --- sorry. Just the same, I still fail quite completely to grasp how a Domican Republic entity would possibly have any effective "reach" into the U.S. for collections, unless this "club" also has a physical, business presence here within the U.S. I hope the OP  locked up the checkbook and sought out a different attorney, who *might* (repeat, *might*) just tell OP that she is SOL on any prospect of receiving any refund of any deposit money already paid, but not to send the hungry parasites in Dominica another cent. 
OP definitely needed more (...and perhaps more informed) legal advice on this matter --- and not just from a Internet discussion forum; I hope that she sought some.

*P.P.S.* I just now noticed that the OP's (...one and only) post was 4 months ago. I wouldn't have replied at all or wasted the keystrokes if I had noticed post date.


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## Passepartout (Jan 6, 2015)

The OP just appeared here once, on the day s/he registered and placed the one post, never to return. It looks like the thread was reincarnated by another new guest, distraught that their rescission period passed and (no surprise here) the vacation club is unresponsive. 

My advice: Post anything, and everywhere about false promises, high pressure sales tactics, whatever. Cancel any credit access they might have (it might be paid off, but there ARE maintenance fees they can go after). If Oct18 is a big enough PITA, they'll cancel the contract. Unlikely, though (OK impossible) that they'll get back any money they spent on this dog.

All the best.

Jim


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