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Canceling a Contract

J

jlew

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Feb 12, 2011
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cancel contract

I just got back from playa da carmin at tresrios very nice place but decided dont want to buy. we signed up last sunday and from what I understand its 5 buisness days starting at midnight on first buisness day after you sign contract?
I hand delivered a letter that I stated I wanted to cancel unless he did everything I wanted in writting taht day. he did not . That letter was delivered a few days after signed contract. I think that will cover me?
What do you all think?
I also sent email today explaining that my other letter said we formally canceled contract i should be protected correct?

any help
 
1. Did you keep copies of everything?
2. Did you get a signed receipt for your cancellation?

If you have no proof of cancellation, you may have a problem.
 
You needed to follow exactly and cancellation instructions in your contract in order to be protected. Was any such information there?
 
You have to have a "proof" that you sent a cancellation notice.
Usually, people send cancellation by fax and also through registered mail with delivery confirmation.
Some company can void your cancellation letter if it didn't follow the cancellation policy - to which address by mail or fax by which date.
 
Your cancellation is at best, conditional.
That they haven't met your conditions may not be sufficient for it to comply with the terms of the contract and applicable law.

I suggest that you send an unequivocal cancellation as outlined in your contract or other disclosures.
 
Sounds like you gave a "you must x, y, z or I cancel." I'd be very surprised if anything with conditional wording like that is enforceable, unless they just choose to accept it.

I've cancelled contacts (not ts except once) and never even leave the tiniest opening. People understand such letters must be direct.

I hope you get it rescinded successfully.
 
Hope you get it rescinded

You should check your package and see if there is any paperwork to cancel contract. If you waived your right to rescind, the waiver is not valid and you CAN still rescind.

That being said I am not sure whether the right to rescind in Mexico is 5 days or 5 business days. However the rescind letter must follow exactly what is required in your paperwork or if nothing was present in the paperwork, it should clearly state that you want to cancel and not be conditional. Keep a copy of the letter and you should also have proof that you mailed the letter like a certified mailing receipt. In any case even if the period has passed you can still send the letter ASAP and hope for the best.

All the Best and hope you get it cancelled. I have made a rule for myself - if anyone offers a "now only" deal, I refuse. The only reason for a "now deal" is because when you think hard about it like on the next day or so, you will realize that its "no deal"
 
cancel

I saved all contracts and have all teh emails
there is nothing in all parts of contract taht says how to cancel except a few sentance in middels of contract that says i have
5 business to cancel however no where at all
where to send notice to cancel also no real address so I cant mail all i have is the VIP travel club email and fax I sent letter to all of them
saying to cancel
will see what happens
have any of you ever dealt with VIP travel club?

Thanks

learning leson
one thing will recomend to anyone NEVER Ever go on sales pitch on first day
they want you to that so you cant come home and cancel
if do first day by time vacation is over you cant cancel
lucky our trip was short trip
hope i get this cancelled
 
Thank you so much what a pain. they did write back to me a few minutes ago saying sorry its past 5 days and the mexican goverment says they can only wait 5 days
i said that is not true the govermnet says you have to wait at Least 5 days they are saying they did not get my formal reques to cancel to 6 th day
I was told 5 days started at midnight the first buisness day after I signed of course not in fine print on contract. These people are sharks

now they just said will cancel my contract for $4000.00 fro 10 weeks/10 years but said I will have to pay 799 and will get 5 night dstay at there place and its beautiful and that includes all inclusive fees
i am willing to do that but told him i want in writting
he said i will have to do another tour i said no problem
 
Hope you get it all in writing , too bad you didn't get a copy of your rescind letter with their stamp of being received. Pretty had to follow rescind with no directions included too .
 
Did you deliver your cancellation letter WITHIN 5 days of SIGNING the contract?

If so, I ABSOLUTELY would not give in to their demands, because it is illegal for them to deny you the right to rescind.

Have you disputed this with your credit card? That's your next step.

Before you dispute it, take some time to exactly summarize what happened. Make it clear, concise, and brief. Make sure you include times, dates, and names. As someone who writes well to edit it for you and make sure it's clear to other people.

Once you dispute this with your credit card, the next step is to contact the Mexican consumer agency Profeco - again, you need to be clear, concise, and brief.

Here is a brochure from Profeco, with contact info.

Good luck!
 
They basically want you to go back to subject you to more high pressures sales.

Given the circumstances (conditional cancel, etc) the $799 for a 5 night stay which includes a tour and high pressure sales is not bad as long as you :
- Go there only after you receive the rest back
- Once you go for the presentation just say No and keep saying "No" till the presentation is over


Ask them when your refund will be processed - they may just be stalling for time. If it is not soon, as Denise suggested dispute with your credit card company and contact Profeco.

Just my opinion..
 
Thanks everyone for all the ideas. When i wrote them back asking in writting taht everything was cancelled and i will pay the $799.00 for my stay they said will only give me 4 night stay not 7 and cant gauertee but i can use in next 24 months. That is not what i wanted i said just refund my money now they say cant do that This is what they wrote below

The certificate is for 2 people for 5 days and four nights with potion to upgrade to more nights when you make the reservation at the website or phone Lumber that will be provided to you.

This certificate is for a studio suite (no exceptions) and is valid for 2 years , this includes your food and drinks and amenities .

I can not make the reservation for you but, you can request it to get the date that you want, the only problem is that can not guarantee what you are asking me , which is the reservation for that particular date, t and the unit size . It has to be as I presented, the certificates are already made and can not be changed. And this is what I will agree in order to finalize this and avoid any dispute



I dont trust them as they could of made reservation and when I said that to them i need it they said that " sorry and wont cancel contract".
I already called credit crard company as they also had fraud allert because of the charge and in mexico.
i told credit card company that i am desputing and dont release funds they said they will dispute and will not pay them
I hope they will help get this nighmare done

I also have another question in there contract like i said I never recieved any information on recending contract or any way to get out. however there was one little paragraph that said the following and I am quoting word for word

"The member may accelerate termination of this contract with consequence refund of amounts paid within 15 days, provided he/she gives written notice to the Club at its domicile,that of it's representative,or that where this operation was executed, and within five buisness days, counted from and after the buisness day following signature of the contract. if the accelerated termination is made outside term, the Club shall retain amounts paid thereby as contractual penalty."

wow a mouth full of double talk. but from what i see if says i can have 5 business days and the business days start after the first business day following when i signed.
so that means if i signed on Sunday first business day is Monday and first day after that is Tuesday so 5 business days would be till follwing monday or tuesday correct
i hope this makes sense and apprecite everyones help on this.
i am learing my leson
 
I think the fifth business day would be midnight Friday. Nevertheless, do not give them another dime. Do not sign up for another stay. That has nothing to do with your recision.
 
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