Resort Changed to All Inclusive - Do I have options?

[Amy Edwards]

Hello. I'm looking for some guidance. I purchased a bi-annual timeshare membership at Avalon Resort in Isla Mujeres, MX. I think I purchased it in 2011.... it was a normal timeshare (floating week - every other year through like 2038 or something like that). We pay the maintenance fees every other year and use it every other year. 2013 was fine - 2015 was fine but we were informed that Avalon sold the resort or something transpired to where they were no longer affiliated with it and it was now called Mia Reef - Isla Mujeres. When we booked our week for 2015 we were told that the resort had changed to All Inclusive but since we were old members under the original agreements we did not have to do all inclusive - so we paid individually for the meals we ate on premise and everything was fine. Now we are trying to book our 2017 week and are told that it's now a MANDATORY all inclusive... so in addition to the maintenance fees I've already paid for 2017 I will have to pay the all inclusive feed for my family when we go there. They told us that they will try to convince us to change our membership type from paying maintenance fees to some sort of all inclusive membership type. I am not sure I want to do that - I'm waiting on all the details to arrive via email to help make the decision. The change kind of makes sense because I had a horrible time trying to pay the maintenance fees for 2017... I got no bill, I spent a week calling the resort and owner services TRYING to get someone to allow me to pay... I finally paid but it was an ordeal. Just wondering for all the other Avalon Reef owners out there - what have you done or what have you been told? At this point I will probably just try to walk away and get out of the original contract (if that's possible) but I'm really curious what others have done or what options or recourse we may have. Anyone have any thoughts?

 

[theo]

In a Mexican RTU contract situation (like yours), you don't actually own anything at all. Instead, you have a "right to use" contract providing access and use at the property and you are essentially at the mercy of the property owner-imposed policies and practices. If the resort ownership changes, so can RTU terms and conditions. Whatever you were "told" (orally) is completely meaningless, legally speaking, and whatever it is that imitates and passes for "contract law" in Mexico is likely something very (...ahem) "dynamic" anyhow. I do not envy your predicament or choices.

I respectfully suggest being very wary of putting your signature on any new and / or different contract. Your current RTU contract (which I would bet does not actually address the "all-inclusive" issue in any way) at least has a known end date. You would not want to inadvertently sign a contract with a much later expiration date (or agree to pay more money and / or agree to future mandatory all inclusive fees) if any option exists to not do so.

P.S. You might better reach Mexico-focused and informed participants (about Mexican timeshares) over in the "Mexico Timesharing" forum, rather than in this more generic "Buying, Selling & Renting" discussion forum. Perhaps a moderator will move your post over there for you. Good luck, in any case.

 

[Amy Edwards]

In a Mexican RTU contract situation (like yours), you don't actually own anything at all. Instead, you have a "right to use" contract providing access and use at the property and you are essentially at the mercy of the property owner-imposed policies and practices. If the resort ownership changes, so can RTU terms and conditions of membership. Whatever you were "told" (orally) is certainly legally meaningless and whatever it is that imitates and passes for "contract law" in Mexico is likely something "very dynamic". I do not envy your predicament or choices.

I respectfully suggest being very wary of putting your signature on any new and / or different contract. Your current RTU contract (which I am nearly certain does not address the "all-inclusive" issue in any way) at least has a known end date. You would not want to inadvertently sign a contract with a much later expiration date (or pay more money and / or agree to future mandatory all inclusive fees) if any option exists to not do so.

P.S. You might better reach Mexico-focused and better informed participants over in the "Mexican Timesharing" forum, rather than in this more generic Buying, Selling & Renting discussion forum. Perhaps a moderator will move your post over there for you. Good luck.

Thank you.. I found a really interesting thread of conversation on this specific topic on Tripadvisor of all places. It is a mess but I at least now can see what others are experiencing and how they are dealing with things. I guess we'll see how it goes... thanks again for the reply.

 

[WalnutBaron]

Theo has given you excellent advice regarding the particular nuances of a Mexican timeshare contract and its distinct differences from a contract in the USA. I echo his comments that you not sign any other contract that might override or invalidate the contract you have.

In addition, you might consider contacting this consumer protection agency which is located in Miami Beach, FL but which specializes in timeshare contracts in Mexico. Importantly, they do not require any upfront fees. I do not have personal experience with this company, but I have a friend who did use this service a year ago with good results.

 

[Clen]

I am experiencing the same issue at Mia Reef Club. I've been a member for 10 years and have enjoyed going every year, but when booking for 2017 I was given this mandatory All Inclusive nonsense. I reviewed my contract and it does state that the All Inclusive option is optional. Does anyone know if there is any sort of legal action being brought upon the resort for breaking this contract, or if there is any other recourse we may have. Please advise if you have any info. Thanks.

 

[tschwa2]

I am experiencing the same issue at Mia Reef Club. I've been a member for 10 years and have enjoyed going every year, but when booking for 2017 I was given this mandatory All Inclusive nonsense. I reviewed my contract and it does state that the All Inclusive option is optional. Does anyone know if there is any sort of legal action being brought upon the resort for breaking this contract, or if there is any other recourse we may have. Please advise if you have any info. Thanks.

Are you saying that while booking your home resort you were informed that stays now require a mandatory AI? If so I would contact the resort and provide copies of your contract to make sure it isn't a mistake before escalating further.

If you are exchanging back into your home resort through II, I am not sure if your contract would protect the optional nature of the AI program unless the contract specifically mentions exchanging back in through an external exchange company.

 

[bogey21]

I respectfully suggest being very wary of putting your signature on any new and / or different contract. Your current RTU contract (which I would bet does not actually address the "all-inclusive" issue in any way) at least has a known end date. You would not want to inadvertently sign a contract with a much later expiration date (or agree to pay more money and / or agree to future mandatory all inclusive fees) if any option exists to not do so.

I agree with the above. Do nothing and see how the dust settles. IMO best case is they allow you to pay the MF. Then see what you can do to handle the "all inclusive" stuff each year when you use the Week.

George