Canceled within 5 days but company refusing refund saying we waived our right? - Premier Resorts Cancun

[kernhills]

My wife and I purchased a timeshare on April 29, 2024 in Cancun at Temptations Resort while staying there. We had a very old and existing membership at this property already. We decided to purchase a new contract. The new timeshare required a $11,598.00 down payment and $500.00 admin fee, for a total of $12,098.00 (paid with American Express). We were assured we had 5 days to cancel the contract without liability/penalty which is also stated in the contract. I sent the cancellation request on May 2, 2024 via email to customerservice@premier-experience.mx (which is the address listed on the contract). A person in that department acknowledged receipt. On May 3, 2024, I also sent the signed request via both registered mail and DHL separately. All notices were sent within the required 5 days.

On Friday May 3, 2024, I was contacted by a person on WhatsApp from the resort who said she was my salesperson supervisor. She stated in WhatsApp that if I canceled my new purchase, my old existing contract would be reinstated, although the deposit was non-refundable. I told her I believed this to be against Mexican law, and confirmed at the end of the conversation that I was proceeding with the cancellation.

Today May 8, 2024, we received a message from a person in WhatsApp stating he was with the cancellation department. He stated we signed an additional form (not part of the contract, and one which we were not given a copy of to take home) that waived our right to a full refund of our deposit. He also stated that our old existing/previous contract also cannot be reinstated, and we will not be refunded the $12,098.00 since we chose to waive our right to a refund on the separate form. This form he sent me a photo of is a "checklist" which my wife initialed for both her and I while I was away in the bathroom. One item on the list says our deposit will be non refundable. I never saw this form, and they asked my wife to sign it for me while I was gone from the table. Our actual contract clearly states we have five days with no penalty/liability, but he is saying that Article 56 of the Mexican Consumer Law does not apply because we signed this form. Also, the contract sent home with us was missing several pages which they claimed they “take out when they don't apply”.

I sent an email to Profeco today with the form filled out, copies of all correspondence, copies of my cancellation letter sent registered mail and DHL, but I'm worried now that my wife initialed the extra form which was outside the contract that I did not see. I'm hoping somone might have experience with the company having you sign something like this, and then refusing to honor what the contract actually states? Thank you!!

 

[dioxide45]

Your right to rescind can not be waived. Call them out on it. Good to start communicating with Profeco.

 

[kernhills]

Your right to rescind can not be waived. Call them out on it. Good to start communicating with Profeco.

Thank you. When I said I was going to go ahead and speak to a Mexican attorney and file a complaint with Profeco, the tactic of the second person was to just try and keep pacifying me, saying he's on my side, and wants to make something work to save my money from going to waste etc... He left it at he will "speak with a supervisor tomorrow" now but does not think he can help me with the refund of the down payment and reinstatement of our old existing contract.... I did find the name of a mexican attorney on another forum whom I emailed tonight, so maybe a better directed letter to the resort will help. I hope the form my poor wife signed when I wasn't at the table (and she wasnt paying attention) doesn't hold any water - she feels terrible about it but I know they were distracting and smoothing it all over without me there. Thanks for all the advice on this forum also, been reading posts most of the day.

 

[simpsontruckdriver]

You should also request American Express refund the $. Even if the resort says no refunds, they'll be forced to give up the money to AmEx, since you canceled according to the contract and the addendum was not signed by you.

TS

 

[dioxide45]

Thank you. When I said I was going to go ahead and speak to a Mexican attorney and file a complaint with Profeco, the tactic of the second person was to just try and keep pacifying me, saying he's on my side, and wants to make something work to save my money from going to waste etc... He left it at he will "speak with a supervisor tomorrow" now but does not think he can help me with the refund of the down payment and reinstatement of our old existing contract.... I did find the name of a mexican attorney on another forum whom I emailed tonight, so maybe a better directed letter to the resort will help. I hope the form my poor wife signed when I wasn't at the table (and she wasnt paying attention) doesn't hold any water - she feels terrible about it but I know they were distracting and smoothing it all over without me there. Thanks for all the advice on this forum also, been reading posts most of the day.

It is all a ruse to try and scam you out of your down payment. I would not deal with any attorney, even in Mexico. You can file a complaint directly with Profeco. Not sure what email address you used there, but here is a PDF with some information.

https://consulmex.sre.gob.mx/nuevayork/images/departamentos/Tiempos-compartidos.pdf

 

[WorldT]

The exercise with Profeco may not even be needed. You have cancelled correctly. Contact Amex and request a charge back and show them the cancellation clause and what you have done to cancel it.
As has already been stated, even if they had given you something to sign saying you waived your cancellation, that waiver isn't valid.
But I will wager that since this message is on Whatsapp, it is likely someone trying to keep their commission and trying to confuse you to keep the unit.

 

[dioxide45]

But I will wager that since this message is on Whatsapp, it is likely someone trying to keep their commission and trying to confuse you to keep the unit

So should also reply every time that they want to cancel.

 

[kernhills]

THANK YOU ALL for the excellent advice. I'll certainly sleep better. I think I will wait then to see how my dispute with Amex is settled, whether there is a response from Profeco, or if they just agree to do the right thing since I have insisted they proceed with the cancellation I have notified them about. If not, maybe I will seek advice of an attorney in Mexico that can help, but it sounds like I probably don't need to throw anymore good money at the problem now until I have more answers. Thank you again!

 

[ScoopKona]

If not, maybe I will seek advice of an attorney in Mexico that can help,

That will not help. That will be the very embodiment of "throwing good money after bad."

Going forward, stop attending timeshare presentations. Whatever they offered you to sit through their presentation clearly wasn't worth this aggravation.

 

[TUGBrian]

just stick to your guns and retain the proof you cancelled in time, they are simply hoping you will give up and let them win! so many do!

if they continue this course of action, file a dispute with the credit card and provide the proof you exercised your right to rescind within the time allotted in the contract!

 

[Skyyblueplaya]

Im starting to think that Mexican timeshares really just want your down payment, and then people are going to have Buyers Remorse, then stop making payments, etc. and give up the down payment.

Im so happy TUG is here. I love hearing the stories of people getting their money back, when people are being deceived! I hate that you have to go through the turmoil of bad decision making but Im also sooo happy to see people come out on top!