Rescind at Ultimate Vacation Club (UVC) within 5 day period

[klondikekat]

Yesterday I signed up for UVC (in Mexico) and after reviewing the contract it is not for me. My understanding is I have 5 days to rescind/cancel this per the Mexican consumer protection act. Sorry to open yet another thread on this but I want to make sure I have the most up to date information for myself and anyone else who is in this situation.

The contract does not have any cancellation clauses that I can see. It does list the contact addresses in Anguilla, BWI and Miami, FL. It has a clause that has the jurisdiction as the Dominican Republic. There also was a 'no buyers remorse/cancellation' clause in the document.

I am still in Mexico and have drafted the cancellation letters. Sending these letters from where I'm at has proved a bit difficult logistics wise but I can fax / e-mail copies to representatives in the US who will immediately send them (today) via UPS or US Postal service with receipt/tracking.

I paid the entire balance via credit card, it has not posted yet so I can't dispute it until it does but I plan on doing so.

• Are there issues with the jurisdiction clause or the waiver to cancellation rights that could impact my cancellation rights?
• Does it matter that the contract is for a 'club' vs timeshare?
• In addition to sending the cancellation letters via UPS/registered mail, should I also hand deliver and send a copy via registered mail to the sales office where I signed the contract in Mexico (it is very close to me)?
• There is no longer a Profeco office in the city I am in and I am having some trouble reaching them via telephone. I did send them an e-mail but have not heard back yet. Do I need to contact them first or just follow through with the cancellation?
• Are there any recent changes to laws that would take away the 5 day rescission period?

 

[PStreet1]

Can you go back to the timeshare office where you signed and turn in a set of papers--and demand a signed receipt, of course? We did that once and they wanted us out of the office so much they were very cooperative--a raised voice with charges of scam/fraud/etc. seems to speed things along.

Even if you do go back to the office, I would still pursue the other methods of cancelling. Being cancelled in as many ways as possible is a good thing.

 

[oldbuyer]

I'm not aware of any difference between the consumer protection laws in Mexico between a VC and a TS. I would deliver a cancellation letter to the local TS sales office in Mexico. Ask to see the VLO (verification loan officer- the person who did your final payment details) not the salesman as the salesman will not act on your behalf. You can confirm the procedure by calling the PROFECO's main office in Mexico City. Phone number is 52 55 5211 1723. Say timeshare rescission and ask to speak to one of their English speaking attorneys.

Call your CC company and send them a copy of your contract and rescission letter that is within the 5 day cancellation period. You should be fine other than waiting a month or two for it to finally be resolved. I've found in my case the CC companies are also not working for the cardholder but more interested in protecting the merchant and never close a merchant's account as they would do in the US.

 

[PamMo]

Are you really talking about "Ultimate Vacation Club" - not "UNIVERSAL Vacation Club"?

When people mention UVC timeshares around here, they are most often referring to Universal Vacation Club (Villa del Palmar, Flamingo, del Arco, etc). There are many TUG members who belong to UVC, and they should be able to help you if that's what you bought.

 

[klondikekat]

Initial Response

Deleted duplicate post

 

[klondikekat]

Initial Response

It is definitely Ultimate Vacation Club; I reread all the contract documentation to be sure.

Here's what has been done so far:

• I went back to the sales office and did the following:
• Provided to the UVC VLO a letter cancelling the agreement.
• VLO signed a document I prepared beforehand acknowledging receipt of the cancellation.
• UVC provided me a letter saying they had cancelled the contract and will refund my money in full (credit back to the credit card), this was signed by the person who signed my contract.
• They went through the original signed contract, marked each page as cancelled and the original signer signed and dated under the cancellation stamp. This included all exhibits and addendums. They provided me a copy of the cancelled contract.
• They marked the original credit card receipt/authorizations as cancelled and they signed them.

Lastly I sent, via UPS, a letter to the sales office (a duplicate of what they already received) and to the two other locations identified in the contract in the notice clause.

I'm not sure what additionally I should have obtained. I will dispute the charge with my credit card and provide them all the documentation I obtained.

My approach was to be as friendly and professional but as firm as possible. I did bring copies of the PROFECA PDF that gives an overview of the consumer rights and offered to provide it to the customers in the room if they couldn't handle things expediently.

They did keep asking me to go to 'another room' to handle everything (away from the customers) but I insisted that the current room was good enough to sign the original contract and thus also good enough to execute the cancellation.

I don't know if this is the end of it but I sure hope so. In the end they weren't as adversarial as I expected but not friendly either (not that I expected that).

As I sat there were several champagne toasts for customers who had just signed up so I'm sure they won't miss me.

 

[Passepartout]

Looks like you have your ducks in a row. Congratulations. I think you can safely go back to your previously scheduled vacation.

Have a margarita or two and raise a toast to TUG, though it looks like you did it all yourself

Now, if timeshare still seems like something interesting, stick around here and learn how it's REALLY done. Cheaply.

All the best!

Jim

 

[Karen G]

It is definitely Ultimate Vacation Club; I reread all the contract documentation to be sure.

Here's what has been done so far:

• I went back to the sales office and did the following:
• Provided to the UVC VLO a letter cancelling the agreement.
• VLO signed a document I prepared beforehand acknowledging receipt of the cancellation.
• UVC provided me a letter saying they had cancelled the contract and will refund my money in full (credit back to the credit card), this was signed by the person who signed my contract.
• They went through the original signed contract, marked each page as cancelled and the original signer signed and dated under the cancellation stamp. This included all exhibits and addendums. They provided me a copy of the cancelled contract.
• They marked the original credit card receipt/authorizations as cancelled and they signed them.

Lastly I sent, via UPS, a letter to the sales office (a duplicate of what they already received) and to the two other locations identified in the contract in the notice clause.

I'm not sure what additionally I should have obtained. I will dispute the charge with my credit card and provide them all the documentation I obtained.

My approach was to be as friendly and professional but as firm as possible. I did bring copies of the PROFECA PDF that gives an overview of the consumer rights and offered to provide it to the customers in the room if they couldn't handle things expediently.

They did keep asking me to go to 'another room' to handle everything (away from the customers) but I insisted that the current room was good enough to sign the original contract and thus also good enough to execute the cancellation.

I don't know if this is the end of it but I sure hope so. In the end they weren't as adversarial as I expected but not friendly either (not that I expected that).

As I sat there were several champagne toasts for customers who had just signed up so I'm sure they won't miss me.

It looks to me like you've done everything just right! Congratulations and thanks for posting.

 

[oldbuyer]

Good job, you should have no further issues except perhaps a slow credit issuance but that is normal and more a function of your bank waiting for the the required 30 day merchants dispute window to close.
A word of caution for all- be extremely careful about bringing a complaint into the sales room. I threatened to do so once and nearly got in a physical altercation when I threatened to take it inside. Most sellers will call the police and for a small mordita you will spend a few days in jail while the attorney you hire pays a judge another mordita to get you out. You were firm and quiet which is why it worked best for all. You get a rescission and they hook another victim.
Have a nice meal and a few drinks and the headache will be gone by morning.

 

[kenie]

Who or what is the "Ultimate Vacation Club"?

I have heard of Universal Vacation Club (Vill del Palmar) and Unlimited Vacation Club which sells for AmStar (Secrets, Dreams, Zoetry, etc).

All three seem to go by UVC??

 

[klondikekat]

UNLIMITED Vacation Club

My mistake, it was Unlimited Vacation Club. They have credited back my credit card. All in all it was handled very professionally, I don't really have any room to complain. I just made sure to follow all the rules and it seemed to go very smoothly.

It really wasn't a good deal, I don't know if scam is the right word, but I got caught up in the moment and went for it. After cooling after for just a few hours, I knew I'd made a mistake. I should have waited to begin with.

I'll take my time and investigate timeshares as suggested here. This forum and board are very well done and I'll be spending some time here understanding how things work.

Thanks for all of the replies.

 

[pjrose]

. . . . . .

My approach was to be as friendly and professional but as firm as possible. I did bring copies of the PROFECA PDF that gives an overview of the consumer rights and offered to provide it to the customers in the room if they couldn't handle things expediently.

They did keep asking me to go to 'another room' to handle everything (away from the customers) but I insisted that the current room was good enough to sign the original contract and thus also good enough to execute the cancellation.
. . . .

Congratulations. I especially like the parts in bold.

 

[carl2591]

UNLIMITED Vacation Club, Mexico

you did not mention where in Mexico this UNLIMITED Vacation Club is located.. having the town.. ie Cancun or what every in the post and title helps others that may have done the same mistake you made..

when someone searches for the name of resort UNLIMITED Vacation Club, or timeshare in (town) this post might show up and same them the same pain you were going to endure with your purchase.

Spending many THOUSANDS of dollars on something worth a lot less..

good luck and hope you hang around to learn more.

 

[klondikekat]

Here are some additional details (I couldn't find a way to edit my original post):

Unlimited Vacation Club (part of AMResorts aka GBS International)
I was vacationing in Cabo San Lucas, Mexico. Their sales office was in the Dreams Los Cabos. I'll leave out names as there is no reason to call anyone there out by name specifically.

What we signed up for was a vacation club, basically a guaranteed discount on AM Resorts (except Zoetry) except for holidays, 2 weeks per year of exchanges in RCI, and a week per year at either the Me Cabo or Hilton Cabo. There were a couple other items but these were the main components. They threw in two weeks of vacation weeks at their properties as an incentive.

While this may work for some, it doesn't work for us. I don't particularly like the sales tactics but if they didn't work they wouldn't use them. Again, 'scam' is not the right word but it certainly does have the 'used car' type feel with the entire process.

In the end with the help of this board and a little internet research, everything was handled expeditiously and fairly professionally. I think it helped that I was prepared and clear about what I wanted.

I should have walked away before signing and reviewing everything outside of the sales process. This would have made things so much clearer and easier to decide. It was so apparent outside of the sales room that we'd paid too much for something that doesn't work for us that it's embarrassing we didn't see it while we were there.

We were prepared to live with it as we signed a contract and thought there was no way out, thankfully I found this board and quickly came to understand the rules. The shady way that the seller tries to get you to waive your cancellation right or make it seem like you can't change you mind really needs to be changed but I don't see that happening.

 

[oldbuyer]

klondikecat thanks for sharing your experience. One more question if you don't mind. Was this VC sold as part of the original presentation at Dreams or after you said no initially and was handed off to an "exit" or "recovery" salesman who usually says they work for the developer and asks how you were treated etc then offers you a smaller package than what was presented by your salesman?

In the last 2 years we are seeing numerous VCs being offered in Cabo at: Country Club, Los Patios, Cabo Vejho and two others that have come and gone that were at restaurants on the far end of the marina. These appear to be less stable than the traditional TS sales operations as they have no assets, only a rented condo for Cabo Vejo or office for Los Patios or restaurant space.

I'm seeing sold out TS developers selling hybrid VCs that encourage you not to use your home resort week and to trade into their exchange partners and hopefully never come back so they can keep selling. This seems to be the next step after selling first floating, then points and a way to sell more of something that really doesn't exist.

I still can't figure out how a VC can show so much availability, can offer to book a week for you right on the spot in real time yet when you buy the package and try it 30+ days after the sale and long after your rescission period you find little availability at higher prices. It must be magic.

 

[klondikekat]

This was part of a presentation at Dreams. You get passed along several people initially, I don't know if this is part of the assessment process or not, but eventually we were assigned one salesperson who we had breakfast with and he stayed with us the entire time. They did start with a larger and higher priced package at first and then came down dramatically with a smaller package... sold as an 'upgrade' that someone else had traded in, complete with authentic 'upgrade' stamp .

The operation was well put together, lots of slick marketing materials, champagne if you signed, etc. I can't say I was scammed, the fact that it was bad deal was right in front of me but in the moment it sounded great. I knew I should have walked away and if I still wanted it I could have come back but like many others I was caught up in the moment.

When I came back to cancel I was very much to the point, but polite, and they didn't bother try to sell me on staying.

As a side note the 'perks' they provided ($200 off rental car), etc were legitimate so I should have just stuck to my original plan to get in and out quickly. I need to stop worrying about hurting the salesperson's feelings, I'm sure they know the score.

Anyway, this won't happen again to me as the time taken was a real drag on the vacation. I already booked my next reservation for Cabo as in the end we had a GREAT time!

Thanks to everyone for the input on this!

 

[T2man]

They'll try to keep your deposit

I just went though the cancellation process the in March 2014. We were impulsive and got caught up in their hype. That night, I did some online research after signing a contract. I notified my sales agent of my intent to cancel the day after we signed. She brought in her supervisor to our meeting and then she said the only way they could "help" us out to cancel was for us to pay off the entire security deposit of almost $8000. My jaw dropped and I asked them about the five day cancellation policy. They said it only applied to the rest of the contract but didn't apply to the deposit--TOTAL BS!! I then told them I'd talk to my wife and reconsider our options.

That night, I visited this web board and saw the threads where people were successful in getting their security deposit back. I drafted a cancellation notice and the next day I went to drop it off. They asked me to return later in the day with my wife, contract, ID's and credit card for a meeting with one of the supervisors. I had a feeling they were going to try to get me to sign a new contract so I didn't bring any of the requested items except for the cancellation notice. At the meeting, he was very belligerent and threatened legal action if I didn't pay the rest of the deposit. He said, I signed a waiver to the five day cancellation period for the deposit and that Mexican law required that I forfeit the deposit-TOTAL BS!! I told him I spoke to the PROFECO office in Cabo and they advised that Mexican law say's that I'm entitled to a full refund if I cancel within the five days. He said Profeco wasn't a legitimate organization and that the only way he could "help" me was to pay the rest of the deposit and to sign a new contract forfeiting the deposit.-TOTAL BS!!! I gave him our cancellation letter and left his office. I also sent a letter from the Fed Ex location in Cabo.

I tried to not have this situation ruin the rest of our vacation but it was very stressful. We returned home on day three of the five day grace period and I then emailed and faxed the same letter to memberservices@resortcom.com. I also sent an additional letter to ResortCom via Fed Ex.

It's now day five of my cancellation period and I just noticed that my credit card account no longer reflects the "pending" deposit---YEAH!!!

My only suggestion is to NOT go to the presentation without prior research. Their only goal is their commission and they'll say anything for it. If you decide to cancel, DO NOT go back to the timeshare office, they'll only try to get your security deposit and they will ruin your vacation. Just head down to the Fed Ex office and send in your letter. I followed up with emails, faxes and additional copies via Fed Ex. I don't know which notice got the job done but I felt it was better to just scatter gun the notices and thankfully they stuck.

THANK YOU ALL FOR THE INFORMATION ON THE CANCELLATION PROCESS!!

 

[oldbuyer]

Tman you are partially right. You are absolutely correct when you say do not talk to the salesman or their (sales manager) supervisor- their job is to sell at all costs. If you are rescinding in person you must talk to the VLO (verification loan officer) He/she is the only person who can and will rescind a contract. The VLO is the middleman between the lies the salesmen say and the rescision law (and in Mexico that's an oxymoron). Many salesmen say the 5 day rescision is not in effect because you bought a member's trade in or a repo. Mexican law provides a 5 day rescision period for all/any TS purchase types-period.

Many people weigh the question do I do this in person or through fedex? I've done mine in person as it's personal to me and I want the VLO to see it in my eyes (no violence just determination and a lost sale). This also eliminates the angst of: did the fedex carrier deliver the letter to the proper address as several of the Cabo resorts list fake mailing addresses to avoid rescision letters.

If you are no longer in Cabo and still within 5 days then you have to use the Fedex option which should be simultanious with an email to the VLO's attention and making contact with Profeco and your bank.

Lastly, never fall for the line that if I do not purchase now then you will not get this good a deal again. Most resorts will gladly have you back every year until you have said no so many times they NQ you. I find that is usually between 3-4 times in a 5 year period. Every time you say no instead of yes you raise their cost of business which will someday end this sales practice. It's near a tipping point now. They say 20% buy. I think it's now closer to 10% buy and do not rescind. If it gets down to 5% they will have to change or go bust. They have already reduced the value of the "catch" (OPCs commission) and the "budget" (gift allowance) and have started the latest smoke and mirrors (Vacation clubs) after trying floating weeks, EOY weeks, points, no MF if you don't use it weeks etc. It shouldn't be too long before they colaspe because of their total lack of credibility and common knowledge of their scams.

Profeco will not be the cause as they are in on it too. Big money and big employers are the resorts attraction to the Mexican economy. If a few wealthy neighbors get screwed then that's too bad. Even our State dept, Trade dept and banks will not step in and address these consumer protection complaints. Now be carful on the resale market as they can change the MF, special assessments and transfer fees at any time. Is this the final blow or just the next scam?

My plan: acclerating my contracts and selling a few that can not and once I've recouped all the cost by attending presentations (41 and counting) I'll become a renter only and walk away from any remaining contracts if/when they become overpriced.

BUYER BEWARE

 

[ExtremeSkiBum]

First of all, I would like to thank everyone for posting their experience on here, the information you provided was very helpful. My wife and I were sucked in to AM Resorts Unlimited Vacation Club presentation and purchased the Gray Pearl package. Shortly afterwards, we weren't comfortable and had buyers remorse.

I stumbled across this forum and followed your suggestions. We went back to the Business Center where we signed the contract, met with the Sales Manager and the Verifier/Operations Manager. The Verifier cancelled everything, refunded our deposit on the spot, stamped "Cancelled" on our copies of the contract. The Verifier was very friendly and extremely helpful. However, the Sales Manager was an ASSHOLE! I was very courteous with him about cancelling, he then started to say "remember when you signed the contract, you have to pay to an additional 25%..." I stopped him right there and put him in his place. As soon I told him the Mexican 5 day law, article 56, he shut up right away and had the verifer come talk to us.

At this point I don't know if we'll go back to another owned by AM Resorts.

 

[Passepartout]

Congratulations. We're glad you found us too. There are lots of great resorts in Mexico, and elsewhere. Stick around here and learn about buying into them resale, and getting the most for your vacation dollars.

Welcome to TUG!

Jim

 

[PStreet1]

At this point I don't know if we'll go back to another owned by AM Resorts.

Unfortunately, they are all quite similar to the experience you had. Your experience with getting it cancelled quickly and easily and only having to point out the law one time to one man is actually a very good experience.

 

[csxjohn]

It is definitely Ultimate Vacation Club; I reread all the contract documentation to be sure.

Here's what has been done so far:

• I went back to the sales office and did the following:
• Provided to the UVC VLO a letter cancelling the agreement.
• VLO signed a document I prepared beforehand acknowledging receipt of the cancellation.
• UVC provided me a letter saying they had cancelled the contract and will refund my money in full (credit back to the credit card), this was signed by the person who signed my contract.
• They went through the original signed contract, marked each page as cancelled and the original signer signed and dated under the cancellation stamp. This included all exhibits and addendums. They provided me a copy of the cancelled contract.
• They marked the original credit card receipt/authorizations as cancelled and they signed them.

Lastly I sent, via UPS, a letter to the sales office (a duplicate of what they already received) and to the two other locations identified in the contract in the notice clause.

I'm not sure what additionally I should have obtained. I will dispute the charge with my credit card and provide them all the documentation I obtained.

My approach was to be as friendly and professional but as firm as possible. I did bring copies of the PROFECA PDF that gives an overview of the consumer rights and offered to provide it to the customers in the room if they couldn't handle things expediently.

They did keep asking me to go to 'another room' to handle everything (away from the customers) but I insisted that the current room was good enough to sign the original contract and thus also good enough to execute the cancellation.

I don't know if this is the end of it but I sure hope so. In the end they weren't as adversarial as I expected but not friendly either (not that I expected that).

As I sat there were several champagne toasts for customers who had just signed up so I'm sure they won't miss me.

Wow, if you had half as much work before you signed things would have been easier.

Hopefully your post will help others to read and understand it all before they sign.

 

[akam45]

in process of canceling but need help

We signed up two weeks ago for UVC while in Cancun. I realized what i did was stupid so I mailed cancellation letter on day 5 and I also emailed them. Our initial sales rep called and emailed us back. He is saying since we signed a revised form out of the british antuilles that article 56 from profeco doesn't apply here.
I also called the profeco number i saw posted on one of these threads and got no answer . I also emailed them and have not gotten a response. I could use some help here in getting out of this thing.

 

[55plus]

It doesn't matter what they tell you if, and only if you followed the rescinding procedures. Hopefully that is what you did. Gather the instructions for rescinding and the cancellation letter you sent and make sure you followed the instructions to the letter...

 

[tschwa2]

If you bought in Mexico the 5 day period applies.