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Pueblo Bonito - Getting Out of a Mexican Timeshare

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Elise and I were “suckered” into buying a timeshare at the Pueblo Bonito Sunset Beach Resort and Spa.

In hindsight we were very lucky that we waited until Wednesday to go to the timeshare presentation. The Saturday after returning to our home in Austin I contacted the resort customer service manager in an attempt to get out of our timeshare. I began researching ways in which to cancel a timeshare contract. I found the MESCAM website and learned that under Mexican law, if you buy a timeshare you have an un-waiveable right to cancel your contract for no reason within 5 business days. Thankfully my contacting the resort fell within those 5 days. John from MESCAM says that you may also be able to get out of your contract if the 5 days is up.

Elise and I attended the timeshare presentation and were subjected to a high pressure, and very convincing, presentation. I felt as if I was lied to in that our saleswoman told us that she’s sold her timeshare week on eBay and turned a profit. That was one of the selling points for me. I thought we could make money by renting out our week on eBay if we weren’t able to travel to Cabo San Lucas one year.

Upon returning home I quickly found that she lied to me. I found people renting their week at luxury resorts on eBay for a significant loss. There are many 7-day vacation packages at Pueblo Bonito resorts for ~$500!

I had buyer’s remorse. Elise and I are 30-years-old. We’re not poor, but we also don’t have a money tree. I like to think we’re intelligent young adults. We pay our bills on time, have minimal debt (car, mortgage and a student loan) and try to save for our retirement. A timeshare just wasn’t for us. I decided come hell or high water we were getting out of this timeshare. I was not going to lose.

Here is how I got out of a timeshare contract with Pueblo Bonito Sunset Beach Resort and Spa via e-mail:

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From: Josh Janicek
Date: July 30, 2005 1:30:51 PM CDT
To: @pueblobonito.com.mx
Cc: @pueblobonito.com.mx
Subject: Sunset Beach timeshare contract #xxxxxx

Mr. Timeshare,

My wife and I were on vacation in Cabo San Lucas from July 22, 2005 through July 29, 2005 and stayed at Pueblo Bonito Blanco in room 204.

On July 25, 2005 we were the recipients of a timeshare presentation at the Pueblo Bonito Sunset Beach Resort & Spa given by XXXXXXX. We were shown around the resort, the spa, restaurants, pools and floor plans. We were escorted to a patio where pen was put to paper and the sales presentation began.

After being pitched to for over four hours, we put a $2,045 down payment on a bi-annual Junior Suite at Sunset Beach.

Since we have returned home and spoken with our credit union we have decided that we did not make the correct decision when we purchased a timeshare at Pueblo Bonito Sunset Beach. We feel we were subjected to a very high-pressure sale. Our inclination was to think about the offer, contact our credit union and do further research on this potential purchase. We didn’t have convenient internet access for research or US phone access to contact our credit union for advisement. We were told that we had to make a decision as we would not be able to execute the contract at a later date without traveling back to Mexico to sign the necessary paperwork. We were also on vacation and feel that we were not in a position to make a sound financial decision such as a timeshare purchase. We were also enticed to purchase a timeshare with activities such as a charted deep sea sport-fishing outing, a sunset cruise, spa treatments, ATV rentals, parasailing and a free meal with drinks included.

My wife and I are young and are enjoying our lives together as a married couple. We look forward to the decades we have together in the future. We try to make decisions that best interest us, our families and future generations. Many of these decisions are financially-based. After giving it much thought, we have agreed that purchasing a timeshare at Pueblo Bonito Sunset beach was not the correct decision for us.

In the eight years that Elise and I have been together, we have not taken a “special” vacation like the one we just returned from in Cabo San Lucas. Our vacations are limited to obligatory family trips to Des Moines, Iowa and Okeene, Oklahoma for Thanksgivings and Christmases. We have never experienced a resort vacation and both feel that we were taken advantage of in a very high pressure timeshare sales presentation. Despite being convinced otherwise, we do not have the disposable income nor the inclination to frivolously pay for a timeshare. We wish we did, but we’re regular people; we have a mortgage, car payments, student loans and regular recurring bills that take precedence.

We both do not want to look back at our vacation in Cabo San Lucas and our stay at the wonderful Pueblo Bonito resorts in a negative light so it is here that I ask to have cancelled contract number xxxxxx for one Junior Bi Annual Suite at Pueblo Bonito Sunset Beach. I also ask to have returned the total sum of $2,045.00 that was paid as earnest money by my MasterCard, account ending in xxxx, in full. We feel that retaining this fee as “liquidated damages” is not justifiable because as of July 30, 2005 our ownership account has not been created per a phone conversation I had this morning with George at RCI. The number I called was 1-888-909-4399.

I appreciate your immediate attention to this matter. Should you have any questions, please feel free to e-mail me directly: e-mail. I can also be reached by phone at home: (555) 555-5555, mobile: (666) 666-6666, or work: (777) 777-7777.

Regards,

Josh Janicek
1234 Our Street
City, TX 12345 USA
(555) 555-5555

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From: Josh Janicek
To: @pueblobonito.com.mx
Cc: @pueblobonito.com.mx ; Josh Janicek
Sent: Wednesday, August 03, 2005 5:49 PM
Subject: Fwd: Sunset Beach timeshare contract #xxxxx

To Whom It May Concern:

I sent the message below on Saturday, July 30, 2005. Today is Wednesday, August 3, 2005 and I have not yet received a response. I wanted to make sure someone received my request.

I would appreciate a response so I know that my e-mail was received and that this issue is being handled efficiently.

Please see attached message below.

Sincerely,

Josh Janicek

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On Aug 4, 2005, at 11:06 AM, Mr. Timeshare wrote:

I am sorry but we can not honor your reqeust for cancellation according to the terms of your contract….

Sicnerely,

Mr. Timeshare

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From: Josh Janicek
To: Mr. Timeshare
Sent: Thursday, August 04, 2005 8:28 PM
Subject: Re: Sunset Beach timeshare contract #xxxxxx

Mr. Timeshare,

This evening I left messages at the phone numbers listed below:

52-624-143-6620

and

52-624-143-4643

Both phone numbers were indicated on pueblobonito.com as contact numbers at which you could be reached. I am aware that it is most likely after working hours for you but wanted to at least leave a message to make phone contact and leave a phone number at which I could be reached.

I would like to discuss the e-mails below in further detail. I have read our contract (#xxxxx) and nowhere can I find in aforementioned contract that we cannot cancel our contract.

I left my toll free number on your voice mail as well but you can reach me at 1-777-777-7777 between the hours of 8 a.m. and 5 p.m. Central Standard Time. I can also be reached at home at 1-555-555-5555.

Regards,

Josh Janicek

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On Aug 5, 2005, at 11:17 AM, Mr. Timeshare wrote:

I am sorry but thereis not much to discuss, please look at the Pueblo Bonito New Owners VErification Form NUmber 10..

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From: Josh Janicek
To: Mr. Timeshare
Cc: @profeco.gob.mx ; @prodigy.net.mx ; @prodigy.net.mx ; @yahoo.com ; @pueblobonito.com.mx ; @pueblobonito.com ; mescam ; Josh Janicek ; Elise Janicek
Sent: Saturday, August 06, 2005 8:55 AM
Subject: Re: Sunset Beach timeshare contract #xxxxxx

Mr. Timeshare,

August 6, 2005

Pueblo Bonito Sunset Beach Resort and Spa
Predio Paraiso Escondido s/n
Cabo San Lucas, B.C.S.
C.P. 23450

I am writing you again today to cancel Josh and Elise Janicek’s contract #xxxxxx for one Bi-Annual Junior Suite at the Pueblo Bonito Sunset Beach Resort and Spa that was purchased on 7/25/2005 and to get a FULL REFUND for the $2,045.00 which you have already charged to my MasterCard; account ending in xxxx. I am providing you with notice that I have cancelled this contract within five working days from (the delivery of, or the signing of) the contract IAW Article 56 of ARTICLE 56 OF LEY Federal de Protección al Consumidor. (Article 56 of the Federal Consumer Protection Law states: “The contract will be perfected within five working days from the delivery of, or the signature of the contract, which ever occurs the latest. During this period, the consumer will have the right to revoke his consent without any responsibility. The revocation will have to be by means of warning or delivery of notice, in person, by registered mail, or another method of average reliability. The revocation according to this article, will terminate the contract. In this case, the costs of shipping and insurance will be the responsibility of the consumer. If the contract is for services, this article will not be applicable if the date of receipt of the service is less than ten working days from the date of the order of purchase.”)

I am aware that my right to cancellation and a full refund is non waivable (the buyer cannot give it up) and even if the buyer is convinced to sign a document to give it up (waive the right) that waiver is not valid and the buyer still has the 5 day right. Any argument you have claiming that my enrollment fee is non-refundable is invalid according to Mexican law and this has been verified with PROFECO.

I have been in contact with other Americans and know what my rights are under Mexican law. If you plan on sending me an email stating “As indicated in our agreement - you may cancel your membership at any time but the enrollment fee is non-refundable, I am afraid I cannot comply with your request. You must comply with this request by law or face fines. Please do not send me an email saying that filing a complaint with PROFECO will tie up my refund for months. I know this is not true.

Any attempt to refuse this request will be immediately forwarded to PROFECO. I am also sending a copy of this e-mail and previous correspondences to PROFECO.

As indicated in the dated e-mails below, I have made a good faith effort within 5 working days to resolve this issue and request a full refund in a professional, polite manner and with full intent.

Please comply with the law, cancel my contract and send me my refund immediately.

Your timely response is greatly appreciated.

Regards,

Josh and Elise Janicek
1234 Our Street
City, TX 12345 USA
555-555-5555
email@email.com

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From: “Mr. Timeshare” < @pueblobonito.com.mx
Date: August 6, 2005 12:34:31 PM CDT
To: "Josh Janicek" <
Cc: <@profeco.gob.mx, <@pueblobonito.com.mx, <@pueblobonito.com, "mescam" <@verizon.net, "Josh Janicek" "Elise Janicek"
Subject: Re: Sunset Beach timeshare contract #xxxxxx

The refund of the deposit will be issued within the next 15 days as stated on the contract.

Mr. Timeshare

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From: Josh Janicek
To: Mr. Timeshare
Cc: Josh Janicek ; Elise Janicek
Sent: Saturday, August 06, 2005 1:54 PM
Subject: Re: Sunset Beach timeshare contract #xxxxxx

Mr. Timeshare,

Thank you for your prompt response. For my records, will you please respond to this e-mail to verify that Josh and Elise Janicek’s Bi-Annual Junior Suite at the Pueblo Bonito Sunset Beach Resort and Spa contract #xxxxxx has been cancelled.

Thanks in advance,

Josh Janicek

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The contract will be cancelled within the next 13 days, when we credit back your card for the initial deposit

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Corresponding via e-mail was great in that it was instant and everything was timestamped. I made sure to carbon copy (CC) myself, my wife and anyone else that this issue might pertain to. I wanted to make sure there was a good paper trail. Upon receiving the e-mail in which Mr. Timeshare told me my deposit was going to be refunded, I contacted my credit card company and told them what was going on. The put the charge in dispute and I was not liable for the $2,045. They sent paperwork for me to fill out to justify the dispute. I filled out the paperwork and mailed a print out of the e-mail correspondence I had with Mr. Timeshare.

My money was refunded within two weeks.

I couldn’t help but laugh when I received the e-mail stating: “The refund of the deposit will be issued within the next 15 days as stated on the contract.” Mr. Timeshare originally told me that “there wasn’t much to discuss” and couldn’t cancel our timeshare “according to the terms of your contract”.

So that was a lesson learned. I made sure I was polite and professional. I decided I wasn’t going to lose this battle. I was ready to hire lawyers and travel back to Mexico if I had to. Thankfully we paid with our MasterCard so we had the credit card company on our side.

I sent John over at MESCAM a little cash for helping me out. It’s great to have a resource like that when you think you’re at a loss.

Next time we go to Cabo San Lucas, we’re buying some other sucker’s rental week on eBay at their loss.

 

Submitted by: Josh & Elise - http://pueblobonitotimeshare.com/

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