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Moonster

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We really appreciate all the information. so my update is, I have reached out to our agent as he gave his cellphone number to us. Also sent formal cancellation letter, to all emails attached in contract and profeco’s email.
We won’t be going to any of the tours, and won’t be using any gifts/ certificates. And I mention that feel free to take us back to our main resort(ocean spa) so we’ll see how the next few days will bring us!
But this is unbelievable, we came here to have fun and now we have to deal with all this. We appreciate you for giving us steps to what to do, it makes me feel at ease somehow.

So after the dispute to the bank, did you get the full refund of all the money that they charged already, and how about the next payments, we they not able to deduct from ur account anymore?
I got the entire amount back, but I paid the entire balance in full so it was pretty straight forward to get everything back in my case.

As for payments, I haven't dealt with this personally but if the payments are coming off a credit card I would just cancel the card and get your bank to issue you a new card number, I wouldent take sunset at their word that they won't take anymore payments. They still send me emails asking for the annual fee for the account I cancelled ages ago.
 

Yelpmytravel

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We really appreciate all the information. so my update is, I have reached out to our agent as he gave his cellphone number to us. Also sent formal cancellation letter, to all emails attached in contract and profeco’s email.
We won’t be going to any of the tours, and won’t be using any gifts/ certificates. And I mention that feel free to take us back to our main resort(ocean spa) so we’ll see how the next few days will bring us!
But this is unbelievable, we came here to have fun and now we have to deal with all this. We appreciate you for giving us steps to what to do, it makes me feel at ease somehow.

So after the dispute to the bank, did you get the full refund of all the money that they charged already, and how about the next payments, we they not able to deduct from ur account anymore?
Oh my!!

I just made a recent purchase,
And already made the transfer from ocean spa to sunset royal.

now im stressing out, do i send letter personally, im afraid i will get harass here.
i could not find what the email or the physical mailing address as well.
 

kreeket

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The other thing that I’m over thinking too are the tours, as there’s about two tours they booked us for, during our stay. since we will not be talking to an agent/manager during our stay and will probably wait the 5th day(day of our check-in) should we cancel those tours? And they might ask to why we aren’t going to those tours.
But I just don’t want them to use this against us that we used their, gifts/ certificates and tours. Has anyone actually gone to those tours and was able to dispute through their bank, and got their money back.
So in our case, we moved from sunset marina to sunset royal. We weren't a 100% sure about cancelling until the day before we left so we made use of one of the tours they gave us. I was also worried about those getting deducted from our down payment but they refused to refund it and we won the entire amount by credit card dispute.

When I spoke to those booking the tours that we didn't want to make use of one of the tours, she said, just to not show up since it's already been paid for. I also didn't make use of the free massage or spa treatments offered I also asked one of the guys there to take it off under what we signed.

As we decided to cancel the day before we left, I just thought to make use of the airport transfer as well.
 
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When should I be contacting my bank for credit card dispute? I have already sent a cancellation letter to all emails attached and also direct messaged our agent about the cancellation.
The only thing is we are still here for next 4 days, this is our day 2nd from purchasing the membership contract. Now they want to meet with us in person here tomorrow at their office.. Knowing they will negotiate and offer other package, WHICH I WILL STICK TO MY INTENTION TO CANCEL.
Also after reading some of the stories here, they may also be easy on us and tell us that they will refund us, within next business days!
So my question is, should I wait till we meet tomorrow to see if they will refund and give them the 15 days before contacting my Bank for credit card dispute or should I do it as soon as possible. As I have proof to back up my dispute, from following steps from this thread.
 

kreeket

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When should I be contacting my bank for credit card dispute? I have already sent a cancellation letter to all emails attached and also direct messaged our agent about the cancellation.
The only thing is we are still here for next 4 days, this is our day 2nd from purchasing the membership contract. Now they want to meet with us in person here tomorrow at their office.. Knowing they will negotiate and offer other package, WHICH I WILL STICK TO MY INTENTION TO CANCEL.
Also after reading some of the stories here, they may also be easy on us and tell us that they will refund us, within next business days!
So my question is, should I wait till we meet tomorrow to see if they will refund and give them the 15 days before contacting my Bank for credit card dispute or should I do it as soon as possible. As I have proof to back up my dispute, from following steps from this thread.
Usually, with disputes with your credit card, they would want you to resolve it with the merchant first. And if after about 15 days that it's been unsuccessful, then file a dispute with the credit card company.. they will guide you through the process..
 
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Oh my!!

I just made a recent purchase,
And already made the transfer from ocean spa to sunset royal.

now im stressing out, do i send letter personally, im afraid i will get harass here.
i could not find what the email or the physical mailing address as well.

So in our case, we moved from sunset marina to sunset royal. We weren't a 100% sure about cancelling until the day before we left so we made use of one of the tours they gave us. I was also worried about those getting deducted from our down payment but they refused to refund it and we won the entire amount by credit card dispute.

When I spoke to those booking the tours that we didn't want to make use of one of the tours, she said, just to not show up since it's already been paid for. I also didn't make use of the free massage or spa treatments offered I also asked one of the guys there to take it off under what we signed.

As we decided to cancel the day before we left, I just thought to make use of the airport transfer as well.
Did you ended up canceling in person? as you mentioned you canceled the day before you left? And just stayed at sunset royal where they moved you. or you just stayed their and tried canceling by sending emails?
 

kreeket

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Did you ended up canceling in person? as you mentioned you canceled the day before you left? And just stayed at sunset royal where they moved you. or you just stayed their and tried canceling by sending emails?
So we decided we were gonna cancel the day before we left and we ended up just staying in sunset royal. I used mexlaw to cancel and they did all the paperwork. But that's one thing I regretted since you could just actually diy..
 

iladeia18

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Hey guys,

I'm new to this forum, but i come to you with some information that may be useful here. I'm very sorry if this type of post is not allowed, if my post violates any of your rules please accept my apology and delete the thread.

I would like to start out by saying this is going to be quite a long post, however I believe it to be worth the read to prevent yourself from being defrauded or if you're looking for updated information on how to get back your money dealing with Sunset and their merry band of bandits.

anyways I digress...

On January 2023 me and my girlfriend we're staying at Ocean Spa Resort in Cancun Mexico, we were offered a heavily discounted vacation package in exchange for attending a presentation. The concierge arranged for us to attend the presentation at Hacienda Tres Rios in Playa Del Carmen (one of their much nicer resorts). I actually enjoyed the presentation, the salesmen wasn't aggressive and they seemed very forthcoming with information even going as far to show me their booking website, how to use it, etc.. I decided to buy for a couple thousand [I wont disclose the amount due to the confidentiality clause in the contract, but the amount was rather insignificant for me] which was to include 4 weeks a year, plus an additional 4 extra free weeks, cruise certificate and a two for one airfare, 50% cashback on all purchase made through their booking site.

After leaving I decided to do some research into the program and Sunset as a whole and to say the least I was petrified, nobody and I mean nobody has anything good to say about Sunset or their program. I immediately contacted them via e-mail and CC'd PROFECO for evidentiary purposes stating I wanted to cancel my contract pursuant to Article 56 of the Mexican Consumer Protection Law. I was ignored for a few days until the salesmen contacted me via WhatsApp to try and reason with me, I stuck to my guns, he eventually relented and told me he would forward my request to the cancellations department. So I'm thinking everything is fine, I got back home to Canada, but still nobody is reaching out. I contact them via email again stating that they're approaching their 15 day limit to issue the refund and I may be forced to dispute the transaction with my card issuer. They stated that my case has been referred to the board of directors for a resolution and I will be contacted shortly. Imagine my shock when I wasn't contacted shortly, I decided to call them and they gave me a WhatsApp number for the person handling my case, I contacted her and she told me she would phone me the next day, well... she didn't (Keep in mind we're in mid February by this point). I wrote her again and she said she would phone me the following day and that "The money invested would be retained" I stated that this was completely unacceptable and not legal under Mexican law and that not only would I file a complaint with PROFECO I would also dispute the charges with my card issuer which could potentially have their merchant account flagged/closed for fraud. This rather bright and intelligent individual said to me "that law is for timeshare, you are not purchase a timeshare you purchase a package of discounts", She also has some ramblings about how I waived my rights, etc.. I Kept trying to explain to her how the law works and its scope, the impossibility of waiving your rights and as you may have guessed that didn't work. I told her that if she was not going to comply with the law I will just go ahead and file the dispute and she has the audacity to say to me "ok we will send the page that you sign, that not apply any refund" after I had already explained that my rights cannot be waived.

I contacted my card issuer and filed the dispute, I wrote up a very long summary of events(I will post the example template a little later when I remove any identifying information, its very good and I believe may help some people in the same situation). I am also in the process of filing a formal complaint with PROFECO, I don't believe this will do much good, but keeping them bogged down and busy with complaints may help keep the heat on them and eventually the Government may get sick of wasting resources on this criminal origination and hold their feet to the fire. Lastly, I am in the early process of finding a lawyer to sue for punitive and moral damages, not expecting much but any amount won would be great.

I hope my post helps somebody out there, or at least makes it to google for the people researching. I will post the template tomorrow after I have some time to comb through it. If you take anything from my post please under no circumstances buy from these people, if they cant respect the law, They most certainly will not respect your contractual rights of your agreement when you try to use it?

TLR Sunset World Resorts is a borderline criminal organization that will not honor the law, do not buy anything from them.

Thanks for reading guys, if you have any questions or want to discuss anything about my post I would love to chat.

[Sunset World link removed at request of poster]
I had same situation, can I please connect?
 

iladeia18

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Hey guys,

I'm new to this forum, but i come to you with some information that may be useful here. I'm very sorry if this type of post is not allowed, if my post violates any of your rules please accept my apology and delete the thread.

I would like to start out by saying this is going to be quite a long post, however I believe it to be worth the read to prevent yourself from being defrauded or if you're looking for updated information on how to get back your money dealing with Sunset and their merry band of bandits.

anyways I digress...

On January 2023 me and my girlfriend we're staying at Ocean Spa Resort in Cancun Mexico, we were offered a heavily discounted vacation package in exchange for attending a presentation. The concierge arranged for us to attend the presentation at Hacienda Tres Rios in Playa Del Carmen (one of their much nicer resorts). I actually enjoyed the presentation, the salesmen wasn't aggressive and they seemed very forthcoming with information even going as far to show me their booking website, how to use it, etc.. I decided to buy for a couple thousand [I wont disclose the amount due to the confidentiality clause in the contract, but the amount was rather insignificant for me] which was to include 4 weeks a year, plus an additional 4 extra free weeks, cruise certificate and a two for one airfare, 50% cashback on all purchase made through their booking site.

After leaving I decided to do some research into the program and Sunset as a whole and to say the least I was petrified, nobody and I mean nobody has anything good to say about Sunset or their program. I immediately contacted them via e-mail and CC'd PROFECO for evidentiary purposes stating I wanted to cancel my contract pursuant to Article 56 of the Mexican Consumer Protection Law. I was ignored for a few days until the salesmen contacted me via WhatsApp to try and reason with me, I stuck to my guns, he eventually relented and told me he would forward my request to the cancellations department. So I'm thinking everything is fine, I got back home to Canada, but still nobody is reaching out. I contact them via email again stating that they're approaching their 15 day limit to issue the refund and I may be forced to dispute the transaction with my card issuer. They stated that my case has been referred to the board of directors for a resolution and I will be contacted shortly. Imagine my shock when I wasn't contacted shortly, I decided to call them and they gave me a WhatsApp number for the person handling my case, I contacted her and she told me she would phone me the next day, well... she didn't (Keep in mind we're in mid February by this point). I wrote her again and she said she would phone me the following day and that "The money invested would be retained" I stated that this was completely unacceptable and not legal under Mexican law and that not only would I file a complaint with PROFECO I would also dispute the charges with my card issuer which could potentially have their merchant account flagged/closed for fraud. This rather bright and intelligent individual said to me "that law is for timeshare, you are not purchase a timeshare you purchase a package of discounts", She also has some ramblings about how I waived my rights, etc.. I Kept trying to explain to her how the law works and its scope, the impossibility of waiving your rights and as you may have guessed that didn't work. I told her that if she was not going to comply with the law I will just go ahead and file the dispute and she has the audacity to say to me "ok we will send the page that you sign, that not apply any refund" after I had already explained that my rights cannot be waived.

I contacted my card issuer and filed the dispute, I wrote up a very long summary of events(I will post the example template a little later when I remove any identifying information, its very good and I believe may help some people in the same situation). I am also in the process of filing a formal complaint with PROFECO, I don't believe this will do much good, but keeping them bogged down and busy with complaints may help keep the heat on them and eventually the Government may get sick of wasting resources on this criminal origination and hold their feet to the fire. Lastly, I am in the early process of finding a lawyer to sue for punitive and moral damages, not expecting much but any amount won would be great.

I hope my post helps somebody out there, or at least makes it to google for the people researching. I will post the template tomorrow after I have some time to comb through it. If you take anything from my post please under no circumstances buy from these people, if they cant respect the law, They most certainly will not respect your contractual rights of your agreement when you try to use it?

TLR Sunset World Resorts is a borderline criminal organization that will not honor the law, do not buy anything from them.

Thanks for reading guys, if you have any questions or want to discuss anything about my post I would love to chat.

[Sunset World link removed at request of poster]
can you please connect with me? iladeia18@gmail.com need help. thanks
 

Moonster

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I had same situation, can I please connect?
You can ask any questions you have here in the thread, most of everything you should need is probably been discussed already in this thread

That being said if you need any clarification on something feel free to ask.
 

iladeia18

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You can ask any questions you have here in the thread, most of everything you should need is probably been discussed already in this thread

That being said if you need any clarification on something feel free to ask.
Do you have any suggestion how to re-dispute my capital one refund claim? They charged back my credit card cause they said I used the credit card chip upon paying the sunset TS. So, technically its a scam not a fraud thats why they cant return my money, any thoughts? Also I did the dispute after 15days upon returning in Canada. Now, Finco was asking for my missed scheduled payment. Signed the contract April 2024.
 

Moonster

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Do you have any suggestion how to re-dispute my capital one refund claim? They charged back my credit card cause they said I used the credit card chip upon paying the sunset TS. So, technically its a scam not a fraud thats why they cant return my money, any thoughts? Also I did the dispute after 15days upon returning in Canada. Now, Finco was asking for my missed scheduled payment. Signed the contract April 2024.
That's a tricky situation, seems to me like the person handling your fraud dispute used the wrong dispute code, did your bank happen to ask you to supply any proof or a detailed letter describing what happened? I'm not sure on your bank's policy in regards to re-disputing, I know Visa/MC allow appeals but only if you have new evidence to submit. You should speak to the dispute department at your bank, the ones I've dealt with the few times I've done charge backs have always been knowledgable and helpful.

https://www.chargebackgurus.com/chargeback-reason-codes This website outlines all of the different reason codes payment processors use, might be if some help to you.
 

ulay

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Do you have any suggestion how to re-dispute my capital one refund claim? They charged back my credit card cause they said I used the credit card chip upon paying the sunset TS. So, technically its a scam not a fraud thats why they cant return my money, any thoughts? Also I did the dispute after 15days upon returning in Canada. Now, Finco was asking for my missed scheduled payment. Signed the contract April 2024.
Hi,
We're like in the same situation. May I know what's your resolution?
 

JOLO0815

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Hello everyone in the group. I'm wondering if anyone here has had their time share cancellation with Sunset World approved? I filed a dispute last June 2024, and it's still in progress. The bank has temporarily refunded my money, but I canceled the contract within five business days, and the merchant continues to refuse the cancellation. I would appreciate hearing any positive news from those of you who might have experienced something similar. Thank you.
@Moonster
 

Moonster

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Hi! I’ve been searching on how to cancel contract of what they claimed to be “ club membership” in Mexico, I guess they call it that nowadays instead of timeshare. I have purchased membership last March 13,2023 unfortunately I am past the rescission period. Do you by chance have any idea how to deal with it? I have been reading threads here but most that I see are within the 5 days period when they cancelled, so I guess you both @Moonster & @Rpvc have better chance of cancelling the contract. The solution that I only know of at this moment was to just stop paying. I am not sure how it will turn out if I stop but I have been considering that. The monthly payment hasn’t started yet but of course I have already paid a hige amount of down payment from my CC. I still tried to send the company a mail to cancel contract,thru the address written in the contract which was in Florida, last March 23. I think that office is tied up with them. Then tried to contact the company itself yesterday, but unfortunately I was told I can’t cancel it and it’s already in term. I was trying to make settlement but the person I have spoken with would want me to speak again with their representative who I believe would just offer to lower the amount but not to cancel the contract so I declined to speak with them. So the phone call needed up threatening me that this will be legal case and that they will embark all my properties which I don’t really have ‍♀️
Your downpayment short of a miracle is unfortunately forfeit. However if you stopped the finance payments they'll unlikely come after you through collections, I've never heard of it happening based off the research I've done in the past and I highly doubt even the worst collections agency would take on international debt from a Mexican timeshare company, and even then they would have to get a judgement in court before collections would take the debt.
 

Moonster

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Hello everyone in the group. I'm wondering if anyone here has had their time share cancellation with Sunset World approved? I filed a dispute last June 2024, and it's still in progress. The bank has temporarily refunded my money, but I canceled the contract within five business days, and the merchant continues to refuse the cancellation. I would appreciate hearing any positive news from those of you who might have experienced something similar. Thank you.
@Moonster
So they might try to appeal the dispute, this is unlikely because Visa/MC/AX all require new evidence that hasn't been submitted previously to be granted one. They also have to spend around 500USD to even attempt one. It's most likely just them trying to grasp at straws to keep your money.

Just stick to your guns, worst case if it does get appealed it goes to arbitration it will be the the payment processor itself deciding and not your bank which is better because they have more experience dealing with complex disputes and are more likely than your bank to make the correct call.

You've got it in the bag, just make sure to advocate for yourself should they be given an appeal. But your bank will help you out with the process if it comes to that.
 

JOLO0815

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So they might try to appeal the dispute, this is unlikely because Visa/MC/AX all require new evidence that hasn't been submitted previously to be granted one. They also have to spend around 500USD to even attempt one. It's most likely just them trying to grasp at straws to keep your money.

Just stick to your guns, worst case if it does get appealed it goes to arbitration it will be the the payment processor itself deciding and not your bank which is better because they have more experience dealing with complex disputes and are more likely than your bank to make the correct call.

You've got it in the bag, just make sure to advocate for yourself should they be given an appeal. But your bank will help you out with the process if it comes to that.
So they might try to appeal the dispute, this is unlikely because Visa/MC/AX all require new evidence that hasn't been submitted previously to be granted one. They also have to spend around 500USD to even attempt one. It's most likely just them trying to grasp at straws to keep your money.

Just stick to your guns, worst case if it does get appealed it goes to arbitration it will be the the payment processor itself deciding and not your bank which is better because they have more experience dealing with complex disputes and are more likely than your bank to make the correct call.

You've got it in the bag, just make sure to advocate for yourself should they be given an appeal. But your bank will help you out with the process if it comes to that.
@Moonster Thank you for your response. I truly appreciate it. May I ask how your situation turned out? Is it possible for my case to be resolved as well?
 

Moonster

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@Moonster Thank you for your response. I truly appreciate it. May I ask how your situation turned out? Is it possible for my case to be resolved as well?
Mine went mostly smoothly, I filed the dispute with my bank, they asked me to write up what happened and to send them along any evidence I have to support what I wrote. That went on for months and months with nothing it seemed, but I did eventually have the refund become permanent.

Your best bet would be to phone your bank and ask for next steps, I'm certain there's time limits for how long these disputes can go on for. My bank was very helpful, but YMMV.
 

Ncf

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Hello @Moonster I’m currently here still in Mexico and we signed a contract today. But now we want to cancel. Would an email be okay to cancel? We are still within the 5 business days to cancel. They offered us tours/gift certificates and room upgrade. They moved us to the upgraded room. I was planning on going to talk to them tomorrow and to move us back to our previous room and cancel all our planned tours/gift certificates. We already canceled the tour for tomorrow morning but there’s no representative to talk to about moving us back to our previous rooms. Also, should I already dispute the down payment I made with AMEX? We are here in Mexico until Tuesday. It is Friday night right now. Just trying to get some advice on what to do next. Thank you
 

Moonster

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Hello @Moonster I’m currently here still in Mexico and we signed a contract today. But now we want to cancel. Would an email be okay to cancel? We are still within the 5 business days to cancel. They offered us tours/gift certificates and room upgrade. They moved us to the upgraded room. I was planning on going to talk to them tomorrow and to move us back to our previous room and cancel all our planned tours/gift certificates. We already canceled the tour for tomorrow morning but there’s no representative to talk to about moving us back to our previous rooms. Also, should I already dispute the down payment I made with AMEX? We are here in Mexico until Tuesday. It is Friday night right now. Just trying to get some advice on what to do next. Thank you
Definitely send your cancellation letter through email, WhatsApp also if possible (good for evidence later on). After that I would phone Amex and make them aware, they'll probably just wait to see if they refund you however.

The difficult part is Sunset won't be helpful and the moment they realize they're not going to win you back over they can become combative and rude, if they become uncooperative just enjoy your vacation and let Amex handle it, which will be easy so long as you have evidence you cancelled.

The only issue I could see coming from your situation would be if they stipulated your hotel upgrades / "gifts" in the contract, if they did it may reduce the amount refunded to you. Just make sure you reference the consumer protection legislation discussed in this thread in your explanation to AMEX and that should help your case quite a bit should they try that.
 

Ncf

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Definitely send your cancellation letter through email, WhatsApp also if possible (good for evidence later on). After that I would phone Amex and make them aware, they'll probably just wait to see if they refund you however.

The difficult part is Sunset won't be helpful and the moment they realize they're not going to win you back over they can become combative and rude, if they become uncooperative just enjoy your vacation and let Amex handle it, which will be easy so long as you have evidence you cancelled.

The only issue I could see coming from your situation would be if they stipulated your hotel upgrades / "gifts" in the contract, if they did it may reduce the amount refunded to you. Just make sure you reference the consumer protection legislation discussed in this thread in your explanation to AMEX and that should help your case quite a bit should they try that.
Thank you! I didn’t see anything about upgrades/gifts in the contract but there was a separate paper we signed that says “this service will have no cost for you as a new member/as a first visit in incentive and in the understanding that if you decide to give up your status as a member, it will have a cost.”
I am canceling all the tours and spa they scheduled us. I also plan to move back to our previous room tomorrow if they allow us.. So if they do deduct from the amount hopefully it won’t be too much.
 

Moonster

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Thank you! I didn’t see anything about upgrades/gifts in the contract but there was a separate paper we signed that says “this service will have no cost for you as a new member/as a first visit in incentive and in the understanding that if you decide to give up your status as a member, it will have a cost.”
I am canceling all the tours and spa they scheduled us. I also plan to move back to our previous room tomorrow if they allow us.. So if they do deduct from the amount hopefully it won’t be too much.

I feel like an argument can be made to AMEX that you shouldn't be responsible for the hotel upgrades considering that there is a legislated cooling off period after a contract for a reason. I would outline in your cancellation letter that you've offered to forego everything offered to you and are willing to go back to your old hotel, also state that it's not listed in your original contract and what they had you sign has nothing to do with getting a refund on a service you purchased(seperate issues/debts)

ARTICLE 56 of Federal Consumer Protection Law(Mexico) states.

“The contract will be perfected within five working days from the delivery of, or the company/signature of the contract, which ever occurs the latest. During this period, the consumer will have the right to revoke his consent without any responsibility. The revocation will have to be by means of warning or delivery of notice, in person, by registered mail, or another method of average reliability. The revocation according to this Article, will terminate the contract. In this case, the costs of shipping and insurance will be the responsibility of the consumer. If the contract is for services, this article will not be applicable if the date of receipt of the service is less than ten working days from the date of the order of purchase.”

The part stating "During this period, the consumer will have the right to revoke his consent without any responsibility." I feel like this means that you shouldn't be liable for any costs within the cooling off period.

They'll try in a few different ways to say you've waived your consumer protection rights in some way but ARTICLE 1 of Federal Consumer Protection Law(Mexico) states

“This Law is of public order, intended to render a social benefit, and shall be observed in all of the Mexican Republic. Its provisions cannot be waived, and no customs, uses, practices, covenants or stipulations to the contrary shall be asserted against the observance hereof. The purpose of this Law is to promote and protect the rights and culture of consumers, and to seek fairness, assurance, and legal certainty in relations between suppliers and consumers.”

They'll also try to pull some semantics saying this legislation only applies to timeshare contracts and not vacation clubs, also false

ARTICLE 51 states “A door-to-door, nonimmediate or indirect sale shall be understood as the sale offered or carried out outside the facilities or commercial premises of the supplier, including the lease of personal property and the rendering of services. The provisions of this Chapter shall not apply to the purchase and sale of perishable goods received by the consumer and paid in cash.”

Just make sure you make the best case for yourself with AMEX, this is what will make or break your case with them in terms of getting your full refund.
 

Ncf

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I feel like an argument can be made to AMEX that you shouldn't be responsible for the hotel upgrades considering that there is a legislated cooling off period after a contract for a reason. I would outline in your cancellation letter that you've offered to forego everything offered to you and are willing to go back to your old hotel, also state that it's not listed in your original contract and what they had you sign has nothing to do with getting a refund on a service you purchased(seperate issues/debts)

ARTICLE 56 of Federal Consumer Protection Law(Mexico) states.

“The contract will be perfected within five working days from the delivery of, or the company/signature of the contract, which ever occurs the latest. During this period, the consumer will have the right to revoke his consent without any responsibility. The revocation will have to be by means of warning or delivery of notice, in person, by registered mail, or another method of average reliability. The revocation according to this Article, will terminate the contract. In this case, the costs of shipping and insurance will be the responsibility of the consumer. If the contract is for services, this article will not be applicable if the date of receipt of the service is less than ten working days from the date of the order of purchase.”

The part stating "During this period, the consumer will have the right to revoke his consent without any responsibility." I feel like this means that you shouldn't be liable for any costs within the cooling off period.

They'll try in a few different ways to say you've waived your consumer protection rights in some way but ARTICLE 1 of Federal Consumer Protection Law(Mexico) states

“This Law is of public order, intended to render a social benefit, and shall be observed in all of the Mexican Republic. Its provisions cannot be waived, and no customs, uses, practices, covenants or stipulations to the contrary shall be asserted against the observance hereof. The purpose of this Law is to promote and protect the rights and culture of consumers, and to seek fairness, assurance, and legal certainty in relations between suppliers and consumers.”

They'll also try to pull some semantics saying this legislation only applies to timeshare contracts and not vacation clubs, also false

ARTICLE 51 states “A door-to-door, nonimmediate or indirect sale shall be understood as the sale offered or carried out outside the facilities or commercial premises of the supplier, including the lease of personal property and the rendering of services. The provisions of this Chapter shall not apply to the purchase and sale of perishable goods received by the consumer and paid in cash.”

Just make sure you make the best case for yourself with AMEX, this is what will make or break your case with them in terms of getting your full refund.
Thank you so much again! I’ll include all those in my letter. Now it just sucks cuz we still have a few days on this trip… I hope it all works out
 

Moonster

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Thank you so much again! I’ll include all those in my letter. Now it just sucks cuz we still have a few days on this trip… I hope it all works out
It will for sure, you just gotta be persistent and know your rights, make sure to explain everything to AMEX in as much detail as possible.

You might have some luck approaching Sunset and making them know that you understand your rights and you've been talking to others online who've also cancelled their contracts, might help change their tune, and make them refund your money easily.
 

Ncf

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It will for sure, you just gotta be persistent and know your rights, make sure to explain everything to AMEX in as much detail as possible.

You might have some luck approaching Sunset and making them know that you understand your rights and you've been talking to others online who've also cancelled their contracts, might help change their tune, and make them refund your money easily.
I forgot to mention, when I spoke to the representative earlier if I was to cancel how do I do that. He told me that I can’t because it’s a “resale” and that I’ll have to talk to the legal team.
 
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