Vacationer098
Guest
- Joined
- Jan 13, 2023
- Messages
- 11
- Reaction score
- 12
- Points
- 3
Hi, I entered into an agreement this week while abroad at Azul Beach and purchased a membership with Prestige Travelers. Part of the agreement was to also trade in my weeks that I got at Grand Sirenis (Ultimate Leisure Club). However, after sitting with the decision for a while, we decided to rescind and sent our request in the next business day (signed on Saturday, rescinded Monday).
My email to them indicated my desire to rescind and that I understood that under Article 56 I am allowed to do so without any penalty and so expected a full refund, despite the contract having the following wording:
“Prestige will retain 100% of the administration fee, and the full amount of any incentive received as part of the agreement.”
I spelled out that this clause doesn’t hold water as I can’t waive my rights to rescission with full refund and so I expected to receive the administrative closing fee back in addition to the down payment (well, technically only 1/6 of the down payment has been paid by me, as I had gone through a financing offer with them).
The Verification Legal Officer that we had initially done our documents with at the time of signing the contract responded to me, reminding me that my contract had the terms outlined above. They wrote, “ Let me remind you how the Cancelation Policyworks for this membership.
According to ARTICLE 56 of our Federal law & the Consumers Protection Laws, the cancellation period to cancel a legally binding contract in México is only the first 5 working days.
I know you are within 5 days as I explained to you when I read your contract aloud,” at which time I replied reiterating that article 56 is clear about being able to cancel the contract without *any* penalty, and I should receive a *full* refund. After that, radio silence for a few days.
Last night I wrote back and asked for confirmation this is being processed on their end and that I was expecting a full refund, and asked them to update with an expected timeline by which I should be receiving that.
They wrote back again today, saying, “Just remember that you signed a legal contract. As I notified you in my last email; You signed a contract where it clearly says the penalty for cancellation. I read it both of you out loud. You signed two promissory notes of which the first has already processed the first monthly payment as agreed shortly, I am going to send a cancelation letter agreement, through the Doc Hub sign Platform, eventhouhg I dont know your reason of cancelling. Also, I am going to tell FBGS conpany to process the refund of that monthly payment. So please, let's speed up this procedure and terminate it.”
So my questions are:
1. Am I not entitled to a full refund, and need to pay the administrative closing cost, despite the fact that the contract shouldn’t even really be closed yet given the rescission period? Is it possible to waive these rights, contrary to my understanding?
2. Is it odd that I’m being asked to sign a new contract in order to have this one cancelled? My immediate thought is that this is their way to get me to sign a new binding contract and waive my rights. I can’t imagine needing to sign anything in order to dissolve the original.
3. Even if the contract states the fee, shouldn’t the fact that I’m rescinding the contract also mean that clause is not binding?
4. Does anyone know a way I can contact Profeco? I included them in my initial emails to the resort, financing company, timeshare equity company, basically every email address I found in my packet, but they haven’t yet responded. I opted to include them in the first email so that they’d have unambiguous proof that I’d contacted the resort within the 5 days, but I was trying to get into contact with them to ask about the above without luck. I did find a toll free number 800-468-8722 but when I called it, it was all in Spanish and pressing zero didn’t get me through to anyone.
For reference, the closing fee was $1310 USD and the down payment was $2670 USD over 6 months with a 2.99% fee, so 6 payments of $458.31, only one of which has currently been paid.
Also relevant is the new contract I’m being asked to sign is only visible for one day now that I’ve accessed it (red flag to me, encouraging me to sign immediately without thinking too hard), doesn’t specifically mention having FBGS refund me (that was only in the email), and also releases them of liability for all past, present, and future claims and bank disputes, and demands that we don’t disparage them online, and never talk about the contents of the settlement. The settlement offer has a $0 refund and a $0 fee for incentives.
Any help, tips, etc. for navigating the next phase of this? Am I out the $1310, or worse yet the full $4059.86?
My email to them indicated my desire to rescind and that I understood that under Article 56 I am allowed to do so without any penalty and so expected a full refund, despite the contract having the following wording:
“Prestige will retain 100% of the administration fee, and the full amount of any incentive received as part of the agreement.”
I spelled out that this clause doesn’t hold water as I can’t waive my rights to rescission with full refund and so I expected to receive the administrative closing fee back in addition to the down payment (well, technically only 1/6 of the down payment has been paid by me, as I had gone through a financing offer with them).
The Verification Legal Officer that we had initially done our documents with at the time of signing the contract responded to me, reminding me that my contract had the terms outlined above. They wrote, “ Let me remind you how the Cancelation Policyworks for this membership.
According to ARTICLE 56 of our Federal law & the Consumers Protection Laws, the cancellation period to cancel a legally binding contract in México is only the first 5 working days.
I know you are within 5 days as I explained to you when I read your contract aloud,” at which time I replied reiterating that article 56 is clear about being able to cancel the contract without *any* penalty, and I should receive a *full* refund. After that, radio silence for a few days.
Last night I wrote back and asked for confirmation this is being processed on their end and that I was expecting a full refund, and asked them to update with an expected timeline by which I should be receiving that.
They wrote back again today, saying, “Just remember that you signed a legal contract. As I notified you in my last email; You signed a contract where it clearly says the penalty for cancellation. I read it both of you out loud. You signed two promissory notes of which the first has already processed the first monthly payment as agreed shortly, I am going to send a cancelation letter agreement, through the Doc Hub sign Platform, eventhouhg I dont know your reason of cancelling. Also, I am going to tell FBGS conpany to process the refund of that monthly payment. So please, let's speed up this procedure and terminate it.”
So my questions are:
1. Am I not entitled to a full refund, and need to pay the administrative closing cost, despite the fact that the contract shouldn’t even really be closed yet given the rescission period? Is it possible to waive these rights, contrary to my understanding?
2. Is it odd that I’m being asked to sign a new contract in order to have this one cancelled? My immediate thought is that this is their way to get me to sign a new binding contract and waive my rights. I can’t imagine needing to sign anything in order to dissolve the original.
3. Even if the contract states the fee, shouldn’t the fact that I’m rescinding the contract also mean that clause is not binding?
4. Does anyone know a way I can contact Profeco? I included them in my initial emails to the resort, financing company, timeshare equity company, basically every email address I found in my packet, but they haven’t yet responded. I opted to include them in the first email so that they’d have unambiguous proof that I’d contacted the resort within the 5 days, but I was trying to get into contact with them to ask about the above without luck. I did find a toll free number 800-468-8722 but when I called it, it was all in Spanish and pressing zero didn’t get me through to anyone.
For reference, the closing fee was $1310 USD and the down payment was $2670 USD over 6 months with a 2.99% fee, so 6 payments of $458.31, only one of which has currently been paid.
Also relevant is the new contract I’m being asked to sign is only visible for one day now that I’ve accessed it (red flag to me, encouraging me to sign immediately without thinking too hard), doesn’t specifically mention having FBGS refund me (that was only in the email), and also releases them of liability for all past, present, and future claims and bank disputes, and demands that we don’t disparage them online, and never talk about the contents of the settlement. The settlement offer has a $0 refund and a $0 fee for incentives.
Any help, tips, etc. for navigating the next phase of this? Am I out the $1310, or worse yet the full $4059.86?
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