New contract required to rescind?

[Vacationer098]

A little over 3 weeks ago, I was convinced to sign on the dotted line while vacationing in Mexico. Had cold feet almost immediately. Asked to rescind and get a refund. Today marks the 15th business day since I rescinded my vacation club membership.

And good (?) news. They’ve finally agreed to provide the full refund.

What I’m a bit confused about is: they sent a new contract (settlement and release) offering the refund. I’m still a bit hesitant to sign a new contract agreeing to cancel - shouldn’t the original contract being void without a new contract being signed?

The contract also gives them 45 days from the day I sign it to provide the refund. So that’s 45 days over and above the 15 business days they’ve already had to process the refund.

It also releases them from all past, present, and future complaints and disputes, requires me to keep the existence of such a contract confidential, retract all negative comments I’ve made about them, and notify anyone who has received such a complaint that the matter has been satisfactorily resolved - with penalty of making me repay the refund back to them if violated.

Is this normal? What is the “right” move here?

 

[Vacationer098]

They also want to collect my credit card details over the phone. Can’t they just reverse the existing transaction?

 

[goaliedave]

Not sure. But I'd contact profeco

 

[bjones9942]

That sounds an awful lot like the documents timeshare companies used to (still do?) make the people, who had spam posted bad reviews, sign to make them go away. If you're getting what you want in return for signing it, then I don't see an issue. As to the credit card - it depends on how they process them. Some software saves your card info and allows changes later, some software doesn't. You already gave them your card info once - and now that you want your $$ back, why wouldn't you give it to them again? 45 days is a little long, and may be outside of what is required by law (I don't know), but even if it is - by the time Profeco gets involved and talks to them, it's likely to take that long. Honestly, I'd just sign and give them my card info. But I'd document everything that's happening in case day 45 comes along and they haven't refunded your money.

 

[Vacationer098]

The matter has now been satisfactorily resolved with the resort.

 

[Passepartout]

The matter has now been satisfactorily resolved with the resort.

I betcha had to post this everywhere you posted negative reviews of their process. We understand. You aren't the first. Glad you got satisfactory result.