Enclosed is the big long current story. I mailed it on 6/17/08 which is still in the 5 day period. Since they would not give me an email, I faxed to them and emailed it to the home office and Porfeco registered mail also on the 17th. This morning I received a harassing phone call from Carlo saying I lied and he was being reprimanded (I doubt) but he still wants us to sweat it... So he said he'd get to it in the order of his work. I asked if he did not reach me by Monday I would assume nothing has been rescinded. He said he would get back to me.
The information on your web site and a few others really helped Thank you.
Rita K.
Request for Cancellation of my Mayan Palace Regency Vacation Club Agreement CRAA Dated June 12
06/17/08
Membership Services
Desarrollo Marina Village
Dba “Groupo Mayan”
PO Box 27701-464
Houston TX 77227
This is day 4 since we signed this contract. I am faxing this request because of timeliness and sending by mail the entire package to the directions as given on Section 12 of the Agreement.
We are hereby requesting cancellation of our Mayan Palace Regency Vacation Club Agreement CRAA 2311 since it was based on illegal sales practices and fraudulent information.
We arrived at my Mayan palace in the Riviera Maya on June 6 through a private Grand Mayan Rental. We attended a timeshare sales presentation on Wednesday June 11. We cancelled and signed a new contract on June 12.
We have had wonderful experiences here at the Mayan Grand in Playa del Carmen. We explained to our Mayan Palace sales representative, Patricia Manzi that we would only agree to the 90 minute presentation for future travel. I, Rita Kronen, also explained I have Parkinsons disease and could not walk very far and tire easily as well as it would not be possible for me to travel for quite awhile as I am expecting DBS (direct brain stimulation) surgery in the next six months. WE AGREED TO 90 MINUTES ONLY!
She dismissed my concerns as a small detail and rolled right on with several lies (scam) promises
1. Lie owners guaranteed rental from the Mayan for $3400.00 a year so even if we didn’t use the property soon we could have it paid for by their rent back policy. This was offered for the first 5 years. This has proved to be wrong and nowhere in our paperwork...
2. Lie the property they brought to us was supposedly cheaper because someone had just traded it in. (a regular scam practice from your training manual.)
3. Lie our ninety minutes presentation went was well into six hours and I was shaking so bad, she brought me a blanket and a drink that I asked for. No sticking to original agreement. I said I needed to take medication now.!
4. Lie Never answered question on right of refusal. She said you will really want this and that won’t be an issue.
5. Lie two different associates, the second one was named Arturo, came and sweetened the deal by adding weeks (which I do not see in the contract) a free cruise with upgrades to a suite on any ship (no record of) free golf (form says 50% discount) and a value trade in on our current timeshare in Los Cabos. And he lowered the price.
6. We asked if we could go outside and speak to each other but were followed out by sales person.
7. Lie no mention ever of cancellation policies. We did not feel well and asked to continue the next day and were given a firm no! Almost done, almost done.
We agreed to sign just to leave, by then I was in tears and they offered to walk me back to my room and the sales person offered to buy dinner to celebrate. We went back to our room shell shocked. This was now 3:00 P.M. At the room we were very upset. I called my broker, my mortgage lender and my doctor. All who said this is not a good idea for you at this time, both financially and especially for my health. With upcoming surgery, not a good time for stress or travel out of the country.
We went back to the sales office at 5:00 P.M. And waited to see Carlo Truzzolino. He did all the final papers originally and we waited over another hour to tell him we could not buy the vacation package. He told us to sleep on it, and see him at 9:00A.M. The next morning, he assured us it could all be worked out, “this is just a vacation, not life or death”.
The next morning we arrived at 8:30 A.M. And waited till almost 10:00 A.M. To meet with Mr. Truzzolino. Now the lies begin again!
8. Lie He told us there are no 5 day cancellation policies in Mexico and why didn’t I say I had Parkinsons the previous day. (which I had repeatedly.) ARTICLE 56 of Ley Federal de protectccion al Consumidor says we Have 5 business days not to include Saturday or Sunday.
9. Lie. Then upon doing some research, I discovered on www.teimesharebeat.com/mex-fraud.htm that the cancellation rights can not be waived according to Mexican law. I was intentionally lied to, to make me believe I could not cancel this contract. He stated he wanted to help us but he was not allowed because we traded in property. We actually sold our Pueblo Bonito timeshare to the Mayan Palace and then were allowed to purchase the time share back for $1. The Mayan Palace could then take could take the loss on their taxes, and it would reduce of cost on my Mayan palace timeshare.
Because of this “Equity Exchange Agreement” we had to waive our right to any cancellation or cool down periods. I even said “why don’t I get the normal 3-5 days” Exchange Agreement” and using that agreement was not under the same rules.in section 12, General Provisions, of the Recitals page states we could cancel. Carlo Truzzolino told us that we waived our cancellation period.
10. Lie He told us We could not cancel because their legal department would eat us alive and the Mexican PROFECO means well but rarely gets involved with tourist/timeshare problems. He assured us we would loose any legal actions and be out our legal fees as well as the cost of the vacation package.
Final offer of a new deal to HELP US OUT he lowered the price to $16,520.00 and changed the room to a one bedroom, then gave us back our timeshare in Los Cabos, two weeks at the Sea Garden and he says I am so sorry but this is best for us. He even offered to lend us the monies for 48 months at 8%. Told us no commissions would be paid, transfer fees, or taxes.
I am hereby requesting you to rescind our contract since it was based on illegal sales practices and fraudulent information: I was very ill those last 3 days of our vacation and even now feel physically ill from the pressure.
This item alone is reason to grant a cancellation of the agreement. This practice is illegal. I am also in contact with several other people that have been placed in the same or similar situations.
Patty also said that members were getting great rental prices out of Resorts Int’l Marketing which was on their list of referrals. I was asked to sell my next 5 years of Value Fair weeks back to my Mayan palace. (But now it seams odd that my contract does not mention selling the weeks back to my Mayan palace I was told that the two LA PLAYA weeks could be rented for $1700 each. Timeshare User group have these weeks listed for as little as $700 and you still need to pay maintenance, http://www.tug1.org/tugads/1-8dname2.html#ad26709
Also:
Excerpt from rci listing: a maximum of two units per week allowed per member account in 4 years * no consecutive weeks allowed* 2nd unit must have a guest certificate * can not confirm space to my mayan palace or xxx xxxxxx members *exceptions to these rules can be cancelled* ]resort enforces ¼ yr rule] were never mentioned.
My Mayan palace Resorts had a great reputation and I was very excited to make my first stay with you at the Riviera Maya resort. Your resort is beautiful and according to reviews, so are some of your other locations.
I am sure you are working on all of the recent complaints I have seen about your sales tactics, I know you have settled some of them, and I hope you can straiten out the remaining complaints very soon. But after the outright fraudulent lie about the cancellation period, other lies, half truths and omissions - your sales practices reflect on your entire chain as being “questionable” to put it mildly. Bottom line is you scammed my husband and myself with false promises, outright lies and took advance of me as I was very physically ill both days of trying to return this property and It will have long term repercussions on my health as Parkinsons deals with my nervous system.
I have copied and contacted every organization in your field and will recon tact them as soon as you do the right thing and resend this contract and return all monies deposited. The agreement CRAA 2311 is cancelled and send me verification of cancellation. Also credit the $5775.00 down payment as well as your release of our Pueblo Bonito timeshare. I will then return any original documents you so request. I will be sending this document through the mail and carbon copy the addresses below.
I feel it is my duty to tell you I have started a Dispute with my Visa card, and have started a claim with the California Attorney General Consumer Protection Agency who will be contacting you directly in the next few weeks.
I will also be filing a case with Profeco, Texas Attorney General, US Dept of Justice, and the Federal Trade Commission, RCI, Travelocity, Delta, ASTA, and a few others in the next few days.
Thank you in advance for your cooperation. I hope this unpleasant situation will be resolved ASAP. I look forward to a quick response.
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