Getting deposit and fees back from timeshare after cancelletiln

[ushnish]

We got into a timeshare with Grand Solmar (stupid, I know) but two days later we knew we had to back out. So at the earliest chance we gave our cancellation notice in writing by registered mail and email. We were well within the 5 day stipulation period and we thought we can get the full refund back from the credit card company.

The problem now is, I didn’t realize at the time that one of the pages I initialed had a live which said “all sums paid to seller will be retained by seller as liquidated damages”. Now the credit card company is asking for a copy of the contract because they already contacted the timeshare company and were told that we already signed a contract which says that exactly this.

How do I get out of this situation? I really thought that Mexico law clearly says that in the event of cancellation we sold get everything back, and I’m shocked that the credit card company does not have our back on this when they have cancelled and refunded charges in the past.

 

[TheTimeTraveler]

You should get in touch with Profeco and discuss the document you signed which said "all sums paid to seller will be retained by seller as liquid damages".

My opinion? It "could be" an illegal document that they made you sign at time of sale as Mexico has a 5 day right of rescission at time of sale and a document you signed giving up those rights on the day of sale (i.e. retained monies as liquidated damages) just may not cut it in a Mexican Court of Law.

Contacting Profeco is your best bet in my opinion. And the cheapest option.

Best of luck!




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[bjones9942]

I agree with TheTimeTraveler. Just because there's a clause in the contract doesn't make it legal. Although if they gave you any 'perks' for signing they might try to consider the value as a recoverable item.

 

[ushnish]

You should get in touch with Profeco and discuss the document you signed which said "all sums paid to seller will be retained by seller as liquid damages".

My opinion? It "could be" an illegal document that they made you sign at time of sale as Mexico has a 5 day right of rescission at time of sale and a document you signed giving up those rights on the day of sale (i.e. retained monies as liquidated damages) just may not cut it in a Mexican Court of Law.

Contacting Profeco is your best bet in my opinion. And the cheapest option.

Best of luck!




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Hi TimeTraveller, thanks so much for your thoughtful reply! Yes I was looking into contacting Profeco, however I see that they have an online form and I’m not sure if that’s the best way to contact them or phone number is better? And also do you know if they are good at following up with consumer complaints? I thought maybe there would get 1000s off such complaints and wouldn’t really deal with them?

thanks again for your time!

 

[ushnish]

I agree with TheTimeTraveler. Just because there's a clause in the contract doesn't make it legal. Although if they gave you any 'perks' for signing they might try to consider the value as a recoverable item.

That’s a good point, if this is illegal anyway I don’t know why they made us sign an illegal contract. I did get one perk from them, in exchange for agreeing to go to the presentation they gave a free scuba dive. So we went to the presentation and I did the dive the next day. But nowhere did I sign anything in writing that a scuba dive is part of the contract so I don’t think it should count?

 

[TheTimeTraveler]

You want cancelation and you're acting within the legal five day rescission allowed time frame per Mexican law,

With that said, contact Profeco any and all ways possible and plead your case to them. Telephone, Registered Mail and eMail. Let them run with the ball and see what drops out of the tree.

It's YOUR money and I assume you likely worked very hard for it. Protect it!

Best of luck!



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[rebel11]

That's a valid point; if it's illegal in any case, I wonder why they forced us to sign the document. I did receive one benefit from them; they gave me a free scuba dive in return for my consent to attend the presentation. So we went to the presentation, and the following day I went diving. However, I never acknowledged in writing that a scuba dive was a requirement of the agreement, so I don't believe it should count.

 

[LannyPC]

That's a valid point; if it's illegal in any case, I wonder why they forced us to sign the document. I did receive one benefit from them; they gave me a free scuba dive in return for my consent to attend the presentation. So we went to the presentation, and the following day I went diving. However, I never acknowledged in writing that a scuba dive was a requirement of the agreement, so I don't believe it should count.

They get you to sign this waiver even though the waiver isn't necessarily legally binding. They do that in hopes that you don't know this and perhaps decide not to rescind. As for the gift they give you for attending the presentation, that is yours to keep. You fulfilled your end of the deal by attending the presentation. They can't take that away from you.