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What is the address to cancel @ Villa Del Arco Cabo

R

rcheath33

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Joined
Feb 5, 2013
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Location
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I signed my contract with the Villa Group on Feb 1st (FRI) and want to cancel. The back of my contract days I need to mail a written letter to "The Vendors domicile as specified in paragraph A, of the Recitals". However, there are 2 addresses and it doesn't give the full address. Can anyone please tell me what the address is? Again, it's for the Villa Group and my membership type says Villa Del Arco Cabo. I tried to call the company that does set up the in-house financing, but they didn't have me in there system yet. Also, I put down $1,000.00 and would like that back. Some of the things I've been reading say I can get it back... while others, say I can't. PLEASE HELP!

RICK
 
You are certainly within your five business days right-of-rescission period if you signed on February 1, and you need to get that letter off to cancel ASAP. You should also notify your credit card company that you are rescinding the contract and you want your $1,000 deposit back.

Hopefully someone will post here with the complete address but in the meantime check every bit of paperwork you have to see if you can find an address. When you contacted the U.S. office that processes payments, wouldn't they give you the address of the developer--whether or not you are in their system doesn't seem to be relevant if you are just asking them for an address.

The important thing is that you have proof that you mailed your rescission letter within the five business days so be sure to send it with some sort of proof from the post office of mailing.

Contact Profeco hereif you need their help.
 
Here's an address I found online:


Villa del Arco – Cabo San Lucas
Km 0.5 Camino Viejo a San Jose
Cabo San Lucas, BCS Mexico 23410
Tel. 011-52-624-145-7200
Fax 011-52-624-145-7201

Is that anything close to the partial address you have?
 
Thank you!

The partial business address I found on the back of one of the contracts reads:

Hotel Villa del Palmer-Cabo
Km 0.5 Camino Viejo San Jose Del Cabo
Cabo San lucas, Baja California Sur, Mexico

I sent the letter off a couple min ago via FedEx. On the back of one of the contracts, it states that if I cancel, I will not get my deposit back due to "liquidated damages for services rendered". Do you know if that is true?

Thanks again!
 
Send a copy of your letter to Profeco as well. It's our understanding that you'll get everything back. They are just making idle threats to keep you from exercising your rights. You might as well challenge the charge to your credit card as well.- if not cancel the card and have them re-issue a different number.
 
Rick, if you are in Cabo now you can get over to the Profeco office tomorrow (located on the 3rd floor in the Golden Plaza next to the bus station in central Cabo) and they should be able to help. Many TS contracts do not include their complete (or correct) mailing address so they never get the rescission letter. I always delivered mine personally to the VLO and then followed up with a confirming email to him so it's date stamped. If you are within the 5 business days you get your deposit back unless you stayed there for free a few nights or took some additional goodies besides the initial presentation gifts in which case they might charge you $500/night or $100/bottle of booze etc as an additional expense against your deposit. Go get the crooks and never buy a Mexican TS as there are few laws that protect consumers in Mexico
 
You might want to fax them a copy and follow it up with a phone call.

Bill
 
Thank you everyone for the feedback. I am not in Cabo anymore, so I won't be able to drop off my rescission letter. Also, there is no fax number to send the document to. I will contact Profeco to make sure I can get back my partial deposit back as well. We did not stay there, but did get normal gifts for attending the presentation.
 
rcheath33 said:
We did not stay there, but did get normal gifts for attending the presentation.
Click to expand...
You shouldn't have to pay them anything then, and according to Mexican timeshare law you are entitled to a full refund of your deposit. Get Profeco involved if they try to give you anything less. Plus the gifts you received for attending the presentation are yours to keep because you upheld your part of the deal by showing up & going through the presentation.
 
Need help for rescind for Villa De Arco too

Hi.
I just signed contract on Sep. 3 and want to cancel after thinking about it.
So which address is correct and working for you?

i'm at Marina, is it close to PROFECO?
Thinking of going to the sales office to cancel, but don't really want to see them. Anyone done that and succeed?

when I go back home on Monday, would be very close to last day to cancel.
please advice what steps I should do.
should I send mail in Cabo? do they have certified and return receipt?

thanks. betty
 
bsun888 said:
Hi.

Thinking of going to the sales office to cancel, but don't really want to see them. ..when I go back home on Monday, would be very close to last day to cancel.
please advice what steps I should do.
should I send mail in Cabo? do they have certified and return receipt?
Click to expand...
The sales dept. probably won't even be there over the weekend, but usually it would be painful to try to deal with them anyway.

I believe you have five business days to rescind. If you signed Sept. 3, I believe Sept. 10 would be your last day. If the Mexican post office is open on Saturday and some bilingual person is available to help you mail a letter of rescission with some kind of receipt from the post office showing the date you sent it, that would be good. But, if not, get yourself to your local post office on Monday or Tuesday and send your letter with a receipt showing the date of mailing.

Your letter can be just a simple statement that you wish to rescind the contract dated Sept. 3. Be sure everyone who signed the contract signs the rescission letter. If you have more than one address to send it to and you're not sure which one is correct, send letters to all of them. Notify your credit card, if you used one to pay for the timeshare, that you are disputing the charge and rescinding the contract. Cancel the card if you think the timeshare people might make future charges on it.

Let us know how it turns out.
 
If you get stuck or need help, the Cabo Profeco office is on the 3 floor on the north side of Golden Palace (office park near the main bus station). Office hours are on the door and they know all about rescission letters. Saturday should be a work day but you need to check.
 
Karen G said:
The sales dept. probably won't even be there over the weekend, but usually it would be painful to try to deal with them anyway.

I believe you have five business days to rescind. If you signed Sept. 3, I believe Sept. 10 would be your last day. If the Mexican post office is open on Saturday and some bilingual person is available to help you mail a letter of rescission with some kind of receipt from the post office showing the date you sent it, that would be good. But, if not, get yourself to your local post office on Monday or Tuesday and send your letter with a receipt showing the date of mailing.

Your letter can be just a simple statement that you wish to rescind the contract dated Sept. 3. Be sure everyone who signed the contract signs the rescission letter. If you have more than one address to send it to and you're not sure which one is correct, send letters to all of them. Notify your credit card, if you used one to pay for the timeshare, that you are disputing the charge and rescinding the contract. Cancel the card if you think the timeshare people might make future charges on it.

Let us know how it turns out.
Click to expand...











THanks alot Karen. i will need to do it on Tuesday because postal office will be closed when I get back. Is it just a letter is enough? do i need to send copy of contract or return the whole documents? Betty
 
oldbuyer said:
If you get stuck or need help, the Cabo Profeco office is on the 3 floor on the north side of Golden Palace (office park near the main bus station). Office hours are on the door and they know all about rescission letters. Saturday should be a work day but you need to check.
Click to expand...


Thanks oldbuyer.
I may not visit the office since I'm not sure where exactly it is.
Also saw some website says it's closed. there's one in La Paz.
should I mail a copy to profeco from US?
 
bsun888 said:
Is it just a letter is enough? do i need to send copy of contract or return the whole documents? Betty
Click to expand...

A letter should be fine, but you might include a copy of the page you signed or one that shows any kind of contract number. Keep the original document for yourself.

bsun888 said:
should I mail a copy to profeco from US?
Click to expand...
Hopefully you won't need to get Profeco involved if you send your rescission letter on Tuesday and be sure to get proof from the post office that you mailed it. Should the timeshare people not honor your rescission, that would be the time to get Profeco involved. Hopefully you won't need to do so.
 
bsun888 said:
Thanks oldbuyer.
I may not visit the office since I'm not sure where exactly it is.
Also saw some website says it's closed. there's one in La Paz.
should I mail a copy to Profeco from US?
Click to expand...

Golden Palace (big yellow building) is on the main road from the marina going north as in going to Todo Santos. The plaza is on the left side near Los Michoacanos, the bus terminal and across from the large grocery store (Chedrui or Sorianos). Profeco's main number in Mexico City is 52 55 5211 1723 and several of the folks there are English speaking. Call them they will help you but they only get involved directly (by complaint) when the developer does not issue a credit WHEN the rescission was properly filed.
In person is difficult on all parties as the sales folks will tell you all sales are final. Not True- you do have 5 and only 5 days to deliver them a rescission letter or the sale IS FINAL......
 
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oldbuyer said:
In person is difficult on all parties as the sales folks will tell you all sales are final. Not True- you do have 5 and only 5 days to deliver them a rescission letter or the sale IS FINAL......
Click to expand...

Thanks again. I will mail it from US and involve PROFECO only if they don't refund. Will update and let you know how it goes.
 
Karen G said:
A letter should be fine, but you might include a copy of the page you signed or one that shows any kind of contract number. Keep the original document for yourself.

Hopefully you won't need to get Profeco involved if you send your rescission letter on Tuesday and be sure to get proof from the post office that you mailed it. Should the timeshare people not honor your rescission, that would be the time to get Profeco involved. Hopefully you won't need to do so.
Click to expand...

Thanks again. I will mail it from US and involve PROFECO only if they don't refund. Will update and let you know how it goes.
 
may I just ask what type of mailing to use? USPS, Fedex?
Is just priority with registry mail is fine? no need for express mail?
thanks.
 
I believe the letter must be delivered to the developer within five business days so it would need to be sent overnight guaranteed with signature required.
Address it to the VLO or Sales Manager. Confirm the rules by calling Profeco today.
 
The letter just needs to be postmarked within the rescission period, not delivered within the rescission period. If you send it USPS certified mail where you get a receipt from the post office showing the date it was mailed, you should be fine.
 
oldbuyer said:
I believe the letter must be delivered to the developer within five business days so it would need to be sent overnight guaranteed with signature required.
Address it to the VLO or Sales Manager. Confirm the rules by calling Profeco today.
Click to expand...

What is VLO stands for?
Thanks.
 
Karen G said:
The letter just needs to be postmarked within the rescission period, not delivered within the rescission period. If you send it USPS certified mail where you get a receipt from the post office showing the date it was mailed, you should be fine.
Click to expand...

Hi.
Now I'm reading some people says to send 3 copies.
one regular mail certified, one express mail, one to the financial office.
I'm worry now not having enough time to cancel.

should I send one to PROFECO? Maybe also try FAX.

Thanks.
 
bsun888 said:
Hi.
Now I'm reading some people says to send 3 copies.
one regular mail certified, one express mail, one to the financial office.
I'm worry now not having enough time to cancel.

should I send one to PROFECO? Maybe also try FAX.

Thanks.
Click to expand...
If it makes you feel better to send multiple copies, then do so. But, according to Mexican consumer protection laws, you have five business days to cancel your contract in writing.

Send your letter of rescission to the address shown in your contract. The key thing is to get proof that you mailed it within the rescission time period, which is the end of the day on Tuesday.

If you want to involve Profeco now, go ahead, but there is no reason to unless the timeshare company fails to refund your money once you have rescinded within the specified time.

Here's a quote from Profeco's brochure:

By law, you have five business days to cancel the contract after you have signed it. If you decide to cancel the purchase within this period, notify the developer by email and certified mail. Keep the receipt as evidence you cancelled on time.
You should receive a prompt refund of all the money you have paid, without any cancelling penalties, within fifteen business days.
If the developer refuses to do so or agruments you resigned to this right when signing the contract, you may contact extranjeros@profeco.gob.mx. To submit a formal complaint, you must send the following paperwork: a brief description of the problem, copy of the contract and of your ID.

Notice it says to send the rescission by email AND certified mail. If you don't have a good email address for the company, don't worry about it. But do send your letter by certified mail and keep the receipt as your evidence of mailing it within the rescission period.
 
Thanks again Karen.
It's just another thread I saw, the Villa Group count weekend as business day.
I'm worry that they're going to do that to me. Let me check the other thread.
 
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