Can I still get a refund within 5 days if I’ve used part of the timeshare/vacation-package?

[RopedIn]

I bought a vacation package and as part of the sign-up bonus, they upgraded my room and gave me resort credits—which was reflected in the contract. I am now home (and still within 5 days of signing), and have notified them via email and certified mail that I’m cancelling the contract, as per all the great advice I’ve read here.

This morning I received an email saying I can not cancel due to accepting the room upgrade and credits. They say I’ve already used benefits of the package, so it can not be cancelled. Conspicuously, they removed PROFECO from being copied on the email, and offered 2 additional weeks “in appreciation of my investment”.

Any advice?

 

[Passepartout]

I bought a vacation package and as part of the sign-up bonus, they upgraded my room and gave me resort credits—which was reflected in the contract. I am now home (and still within 5 days of signing), and have notified them via email and certified mail that I’m cancelling the contract, as per all the great advice I’ve read here.

This morning I received an email saying I can not cancel due to accepting the room upgrade and credits. They say I’ve already used benefits of the package, so it can not be cancelled. Conspicuously, they removed PROFECO from being copied on the email, and offered 2 additional weeks “in appreciation of my investment”.

Any advice?

Copy PROFECO and re-send it

 

[RopedIn]

Copy PROFECO and re-send it

Should I not bother in answering any of their questions and just resend the initial email?

And am I right in assuming this can’t prevent me from cancelling? What’s the worst they can *legally* do, cancel and refund the contract, but charge me for the upgrades and credits I received?

Thank you so much for your help!

 

[amycurl]

Yes, I would ignore them. You sent the certified letter. I would think the worst they could do is charge you for the upgrades and credits you received.

 

[tschwa2]

I would think you could still rescind but they may send you a bill for the full rack rate of upgrade and resort credits that you used or take that out of whatever deposit you paid.

 

[RopedIn]

Thanks everyone for your help! I’ve sent the email and will update here when they reply.

 

[easyrider]

Thanks everyone for your help! I’ve sent the email and will update here when they reply.

Contact your credit card company to let them know that the transaction is canceled.

Bill

 

[dioxide45]

The benefits you used after you purchased won't disqualify you from rescinding, but you may be on the hook to pay the value of those benefits and the value can be held back from the refund. Be firm.

 

[Ty1on]

The benefits you used after you purchased won't disqualify you from rescinding, but you may be on the hook to pay the value of those benefits and the value can be held back from the refund. Be firm.

And boy can they attach some rack rate value to that upgrade.

 

[Pathways]

bought a vacation package and as part of the sign-up bonus, they upgraded my room and gave me resort credits—which was reflected in the contract.

You are not clear in explaining the order of your upgrade/purchase.

If you just bought a 'package' and are within 5 days, then how could you have been upgraded already b/c you 'bought' a package?

If you bought this earlier, and then took a trip with upgraded room and credits, then you will most likely owe that value.

However, if you took the trip, and were promised the upgrade and credits to 'attend' a sales presentation at which you made a purchase, then no, you owe them nothing if you rescind.

There are also vacation packages sold for a discount that make it clear you must 'attend' a sales meeting, but those do not require a 'purchase' at said meeting

 

[dioxide45]

You are not clear in explaining the order of your upgrade/purchase.

If you just bought a 'package' and are within 5 days, then how could you have been upgraded already b/c you 'bought' a package?

If you bought this earlier, and then took a trip with upgraded room and credits, then you will most likely owe that value.

However, if you took the trip, and were promised the upgrade and credits to 'attend' a sales presentation at which you made a purchase, then no, you owe them nothing if you rescind.

There are also vacation packages sold for a discount that make it clear you must 'attend' a sales meeting, but those do not require a 'purchase' at said meeting

Quite often an incentive to buying is an upgrade from the room you are currently in to a better room. Perhaps some dinners and other freebies that you wouldn't have received just for attending the presentation. They do this to lock you into the deal more because if you rescind you may be on the hook for the value of those incentives that you no longer qualify for after rescinding.

 

[Pathways]

Quite often an incentive to buying is an upgrade from the room you are currently in to a better room. Perhaps some dinners and other freebies that you wouldn't have received just for attending the presentation. They do this to lock you into the deal more because if you rescind you may be on the hook for the value of those incentives that you no longer qualify for after rescinding.

Agreed, but that's why more info is needed. The OP say they are now 'home' and still within '5 days of signing'.

I think it would be out of the norm to arrive at a resort and get settled, get a sale presentation scheduled, attend, purchase, then move to another room, use other incentives, then leave for home, find TUG, learn to rescind and complete the paperwork and already get a response back and STILL be within 5 days of signing and getting that fancy room.

That's why I think more info is needed

 

[easyrider]

I think incentives to purchase are not considered purchases with visa or they may have been able to charge us for the incentives on a couple of our cancelations.

Bill

 

[TheTimeTraveler]

I believe the OP is a bit confused on his/her posting.

You can not send anything Certified outside of the USA, so I am really not sure what they are trying to say. The US Postal Service would have declined accepting a Certified letter going to Mexico into the mail system.

Now, if they sent it Registered Mail then that is a different story.............





.

 

[RopedIn]

You are not clear in explaining the order of your upgrade/purchase.

If you just bought a 'package' and are within 5 days, then how could you have been upgraded already b/c you 'bought' a package?

If you bought this earlier, and then took a trip with upgraded room and credits, then you will most likely owe that value.

However, if you took the trip, and were promised the upgrade and credits to 'attend' a sales presentation at which you made a purchase, then no, you owe them nothing if you rescind.

There are also vacation packages sold for a discount that make it clear you must 'attend' a sales meeting, but those do not require a 'purchase' at said meeting

Sorry for explaining this poorly.

I was on vacation at the resort when I was pitched the package, which included additional credits and an upgraded room for the rest of my stay *only if* I signed the deal. The upgrades were in the vacation package contract specifically.

Hope this clears it up!

 

[RopedIn]

Agreed, but that's why more info is needed. The OP say they are now 'home' and still within '5 days of signing'.

I think it would be out of the norm to arrive at a resort and get settled, get a sale presentation scheduled, attend, purchase, then move to another room, use other incentives, then leave for home, find TUG, learn to rescind and complete the paperwork and already get a response back and STILL be within 5 days of signing and getting that fancy room.

That's why I think more info is needed

Funny enough, you described exactly what happened, haha. I spent the entire plane ride home (free Jet Blue Wi-Fi is great) researching how to cancel and was extremely lucky to find this website.

They’ve been replying to emails the morning of the following day after each time I’ve contacted them, likely due to me pointing out PROFECO has been notified and is CCed.

 

[RopedIn]

I think incentives to purchase are not considered purchases with visa or they may have been able to charge us for the incentives on a couple of our cancelations.

Bill

Can you describe this more please?

 

[RopedIn]

I believe the OP is a bit confused on his/her posting.

You can not send anything Certified outside of the USA, so I am really not sure what they are trying to say. The US Postal Service would have declined accepting a Certified letter going to Mexico into the mail system.

Now, if they sent it Registered Mail then that is a different story.............





.

I apologize, I meant registered mail via USPS, though I also sent via UPS as well.

 

[RopedIn]

I got a reply via email, where they removed PROFECO’s email address from being CCed again.

Here is their reply:

“Thank you for your response, in this case that article that you are mentioning is valid as long you haven used any benefits given. which this is not the case you used the benefits attach in this email.”

And then they attached the two pages of the contract that include the upgraded room and the resort credits as part of the deal. Any advice on how to proceed?

 

[Ty1on]

Respond with an email copying profeco, demanding that they rescind the contract and that they cease removing profeco from their responses. Make sure their responses to you are visible in the email chain you copy back to them and profeco.

 

[Pathways]

Funny enough, you described exactly what happened, haha. I spent the entire plane ride home (free Jet Blue Wi-Fi is great) researching how to cancel and was extremely lucky to find this website.

They’ve been replying to emails the morning of the following day after each time I’ve contacted them, likely due to me pointing out PROFECO has been notified and is CCed.

If the sequence is as you describe, there is a lot of 'gray' area. There are certainly products sold that are essentially short 'prepaid' vacations where in Mexico you MAY not even have a ROR at all.

How much your purchase cost and any ongoing fees will dictate whether to rescind even if you may owe for your incentives. Most reputable organizations I believe (when pressured) would write it off. Public pressure always helps, but since you have not yet named the resort, you don't appear to be ready to go down that path.

Good Luck!

 

[easyrider]

Can you describe this more please?

Visa cards offer protection and you can call the card company to dispute the charge up to 14 day from the purchase date. Any product given to you for this purchase is an incentive to purchase and not a purchase. In other words they are gifts. I would call Visa and dispute the charges.

Bill

 

[RopedIn]

If the sequence is as you describe, there is a lot of 'gray' area. There are certainly products sold that are essentially short 'prepaid' vacations where in Mexico you MAY not even have a ROR at all.

How much your purchase cost and any ongoing fees will dictate whether to rescind even if you may owe for your incentives. Most reputable organizations I believe (when pressured) would write it off. Public pressure always helps, but since you have not yet named the resort, you don't appear to be ready to go down that path.

Good Luck!

This was with Palace Resorts.

The downpayment was $2,500 so far, and it looks like the used benefits would likely be charged at something like $3,250, while the total cost of the purchase will amount to $15,100.

 

[RopedIn]

Visa cards offer protection and you can call the card company to dispute the charge up to 14 day from the purchase date. Any product given to you for this purchase is an incentive to purchase and not a purchase. In other words they are gifts. I would call Visa and dispute the charges.

Bill

Upon looking at the contract further, it’s stated that the room rate would be charged at the “public rate” of $2,500 total for the nights if I no longer retain member benefits at any period over the next 25 years. It also states the same for the resort credits, though it doesn’t say the value.

 

[Pathways]

This was with Palace Resorts.

The downpayment was $2,500 so far, and it looks like the used benefits would likely be charged at something like $3,250, while the total cost of the purchase will amount to $15,100.

Upon looking at the contract further, it’s stated that the room rate would be charged at the “public rate” of $2,500 total for the nights if I no longer retain member benefits at any period over the next 25 years. It also states the same for the resort credits, though it doesn’t say the value.

Was it a cash stay originally? B/c you do have the value of that to arguably offset the full 'public rate'.

It's one thing for the new contract to address the 2500 + 750, but remember, if you rescind, that contract is null and void. It takes you back to the beginning.

If you didn't sign anything outside of the contract, I would argue for all your money back