Contacts

Playa Grande
Avenida Playa Grande #1
Cabo San Lucas, BCS
Mexico 23450
P: 011 52 1 (624) 145 7575 (Mexico)
F: 011 52 1 (624) 143 6655 (Mexico)
P: 1 (310) 459 9861 (US)
F: 1 (310) 454 1686 (US)
E: info@solmar.com.mx

Playa Grande Sales
P: 1 (619) 819 7522 (US)
F: 011 52 1 (624) 143 1733 (Mexico)
E: pgrsales@prodigy.net.mx

ResortCom International
404 Camino Del Rio S
San Diego, CA 92108
P: 1 (619) 683 2470
F: 1 (619) 683 2077
E: memberservices@resortcom.com

PROFECO
Av. Jose Vasconcelos no. 208, 6 piso
Col. Condesa. Del. Cuanhtemoc
C.P. 06140, Mexico D.F.
P: 1 (800) 468 8722 (US)
P: 011 52 1 (555) 211 1723
F: 011 52 (555) 211 1537 (Mexico)
E: extranjeros@profeco.gob.mx

If I were to cancel, I would send an email to all email addresses listed above, send faxes to Playa Grande and ResortCom, and send the same cancellation letter certified mail return-receipt to Playa Grande and ResortCom. Follow up with a phone call. If they refuse to cancel, start a formal complaint with PROFECO. If you are within the 5 day allowed by Mexican law, there's no way you can lose.

The Contract

It has been almost a year now since our problems started with Grand Solmar Land's End. After we won the case, we were surprised that they didn't ask for their contract back, like most other resorts I have read about. Therefore, I will post here the contents of the contract that they make you sign.

First is the Verfication and Acknowledgement Form. They make you initial each line item, so as to scare you from canceling your contract. See items #9 and #13 below. Note that #9 explicitly goes against what is written in Exhibit A.

EXHIBIT B
#1 We understand that we purchased a XXXX unit in XXXX season, and our first year of use begins in the year 2011.

#2 We paid an initial deposit of XXXX, and the remaining balance of the initial deposit in the amount of XXXX must be paid by XXXX. The balance to be financed shall be paid in XX equal monthly installments of XXXX interest included, with the first installment due by XXXX. There is no pre-payment penalty.

#3 We understand that we may sell or rent our weeks at any time during the term of our contract. Grand Solmar Land's End Resort & Spa does not handle resale or rentals.

#4 We acknowledge that this purchase does not cause any financial burden on me or my family.

#5 We understand that we shall pay an annual maintenance fee of XXXX per week purchased. All maintenance fees shall be paid no later than XXXX of every calendar year throughout the duration of my contract. Maintenance fees may be increased by "SELLER" according to inflation.

#6 We understand that the rules and regulations set forth in Exhibit "A" are mandatory for every membership owner, their guests, renters and any person occupying our unit during my weeks at Grand Solmar Land's End Resort & Spa.

#7 We understand that we can exchange our weeks through Interval International with approximately 2600 affiliated resort worldwide. Grand Solmar Land's End Resort & Spa will pay our one time initiation fee and the first two years of Interval International annual dues. Exchange fee and future annual membership dues will be our responsibility. We have filled out an Interval International enrollment form and shall receive by mail from the exchange company our Members Kit within 60 days.

#8 We understand that my unit at Grand Solmar Land's End Resort & Spa accomodates XXXX persons and exchanges for XXXX persons through Interval International.

#9 We understand that there are no rescission provisions in this Agreement.

#10 We are aware that there are no tax benefits involved in this purchase.

#11 We understand that "SELLER" will not honor any verbal offers made by any sales representative unless made in writing.

#12 All reservations are subject to availability and will be confirmed on a first come first serve basis.

#13 "BUYER" acknowledges that "SELLER" has incurred several expenses such as promotion, publicity, comissions and other costs, therefore, if this agreement is cancelled by "BUYER", "BUYER" agrees that all sums paid will be retained by "SELLER" as liquidated damages.

#14 We acknowledge having received certain goods and services rendered by Grand Solmar Land's End Resort & Spa.

#9 violates Mexican consumer protection law. When I was on the phone with Diane Wilson from ResortCom, she pointed to this. However, as I will show in Exhibit A, there is provision for cancellation (see Clause II E). They just make you initial this to make you think that you can't cancel. Also, #13 is meant to make you think that you can't get your deposit back when in reality Mexican law allows you a full refund of your deposit.

EXHIBIT A
CLAUSE I Maintenance Fees Billing and Collection Policy
a) Maintenance fee is a personal obligation of each owner when it becomes due and payable.

b) All maintenance fees must be paid before making a reservation or requesting an exchange for any future year, even if it's prior to billing date.

c) Maintenance fees will be mailed to all owners for the next calendar year. Payment is delinquent if not received by XXXX of each year until duration of this agreement.
CLAUSE II Rights
a) The right to use and enjoy the unit with its furniture, facilities and services.

b) To receive from "SELLER" under the Vacation Ownership Purchase and Sale Agreement when paid in full, a certificate of membership to "BUYER"

c) To permit relatives, friends or guests the right to use and enjoy the unit, its furniture, services and facilities, under the terms by "SELLER" in accordance with this agreement.

d) To receive the services detailed Verification and Acknowledgement Form.

e) The cancellation of your membership, in a period of no more than five days from the day of purchase. The mentioned cancellation should be delivered in a written form at the address of the "SELLER".

f) If for any imputable reason "BUYER" rescinds this agreement after mentioned guidelines, "SELLER" has the right to collect up to 40% of the total purchase price. Should "BUYER" receive any services rendered, "SELLER" has the right to retain all monies paid.

g) Should "BUYER" default in any payment when is due or fail to perform any other obligations required of the "BUYER" hereunder, including paying the annual maintenance fee, this agreement may be terminated immediately by "SELLER". Upon such termination, all sums paid by "BUYER" will be retained by "SELLER" as liquidated damages.

h) Grand Solmar Land's End Resort & Spa has executed an agreement with Interval International, Inc. (Interval) a Miami, Florida corporation, whereby Interval has agreed to provide an exchange program to the holders of vacation ownership and rights in this resort development. Interval is a service provider corporation, independently owned. Grand Solmar Land's End Resort & Spa is not an agent of Interval, and has no interest with this company, nor any of its directors or officers have any rights or interests in the promotion, sale, or administrating entity of this resort development. The extent of the responsibility of Interval in reference to representations regarding the Interval exchange program and any present or future services offered by Interval, is limited to what is specifically set forth in the written documents provided by Interval International. Therefore, you acknowledge and accept that Interval International shall not be held responsible for any claims or losses arising from or relating to your vacation ownership purchase agreement.

i) "BUYER" of this vacation ownership purchase agreement entitled to receive payments of principal interest pursuant to this vacation ownership purchase agreement shall be reflected at all times upon books maintained by Resortcom International LLC (together with its successors and assigns, the "Transfer Agent"), as agent of "BUYER" for such purpose, and all transfers, including pledges, of the ownership of this vacation ownership purchase agreement, or any interest herein, must be reflected in a book entry in the record if ownership maintained by Transfer Agent that identifies the owner of the principal and interest payable pusuant to this vacation ownership purchase agreement. For purposes of this paragraph, a "book entry" is defined as a written record ownership (maintained on paper and/or in magnetic or electronic media) that identifies the holder of an interest in principal of, or stated interest on, the evidence of indebtedness represented by this vacation ownership purchase agreement. This vacation ownership purchase agreement may not be endoresed in blank, made payable to bearer or otherwise transferred in such a manner that the vacation ownership purchase agreement could become a bearer instrument.
CLAUSE III Obligations
a) To make timely payments of the amounts stipulated in the vacation ownership purchase and sale agreement. A 10% late fee will apply for any delinquent payments.

b) To make timely payments of all maintenance fees, according to CLAUSE I no later than XXXX of each year.

c) To accept responsibility for any damages caused by "BUYER", co-occupants or guests of the unit authorized by "BUYER", whether damage or harm is voluntary or involuntary.

d) "BUYER" shall not remain in the unit longer than the period of time, permit occupancy by more than authorized number of persons specified in the vacation ownership purchase and sale agreement.
CLAUSE IV Restrictions
a) To destroy, paint or in any way alter the installations, roofs or terraces, corridors, patios or facades.

b) To perform any type of construction or alteration, whether inside or outside the unit.

c) To in any way obstruct passage for enjoyment of the gardens, corridors, or common facilities by placing objects of any kind.

d) Pets are not allowed.

e) To hold parties or meetings inside or outside the unit, that constitutes and annoyance or disturbance to neighboring occupants or guests.

f) To neglect to keep the unit and common facilities clean and tidy, by throwing trash or litter in any place other than the bins specially provided for this purpose.

g) To disturb the peace of other guests or members by creating noise of any kind that can be a disturbance in other units.

h) To store inflammable, corrosive and dangerous materials.

i) To carry weapons of any kind.

j) To put up any sign or notices that in "SELLER's" opinion is detrimental to the resort and its members.

k) To ride on vehicles of any kind not permitted by "SELLER" along the corridors and other common areas.

l) To hang, spread or place any garment or objects in the common areas or in the unit's terrace.

m) To commit any action that is immoral, indecent, improper or disgraceful.

n) To allow occupancy by more people than the number authorized by "SELLER" for each type of unit. Seriousness of any possible breaches of these restrictions or failure to comply with obligations stipulated herein, "SELLER" is empowered to act as follows:

1) To expel the persons responsible from our premises during the period usage.

2) To deny use of the rights conferred by the vacation ownership purchase and sale agreement one or more years.

Home Stretch

We kept pretty quiet between the time that we received the meeting date and the time that we received confirmation from PROFECO that our case has been resolved. But in fact, quite a bit happened, mainly threatening letters from ResortCom. On June 8th, we received the following email from Diane Wilson:

Dear X

I tried to call you regarding your membership but unfortunately I could not reach you on the phone. Your account is past due. Please contact me regarding your monthly payment.

Your account is not with in the payment terms of the contract. Please remember your payments are due on the 1st of each month and you do have a grace period through the 10th at close of business before late fees generate. I can accept payment over the phone via a credit / debit card free of charge.

Thank you,

Diane Wilson
Portfolio Management
Resort Com International
404 Camino Del Rio South, 4th Floor
San Diego, Ca 92108

She obviously knows the situation but continues to press for payment. We replied back:

Dear Ms. Diane Wilson,

As you are aware, we have cancelled the contract as of February 8, 2009 and have requested a full refund in accordance with Mexican law. PROFECO, the Mexican consumer protection agency, confirmed that we were within our right to cancel without penalty and has scheduled a hearing with Grand Solmar on ----. As such, we are asserting that Grand Solmar and Resort Com International have breached contract terms are past due on our refund. Please send a check for US$xxxx to the following address:

----

Regards,
X and Y

Instead, we receive a response from their legal department. Two months later, we receive another threatening letter in the mail from ResortCom. We were not going to pay because we knew that we would not be able to recover money paid out to ResortCom. At this point, we were tired of their hounding and filed a complaint to the California state attorney general's office (http://ag.ca.gov/contact/complaint_form.php?cmplt=CL) and the US Federal Trade Commission (https://www.ftccomplaintassistant.gov/) against Playa Grande's business practices. We sent the following email to ResortCom, Playa Grande, and the US Consulate in Mexico:

We are writing to acknowledge the receipt of Resort Com's letter, dated July 20, 2009. As stated in previous correspondence, we deny this debt as we canceled the contract with Grand Solmar on February 8, 2009. As such, we will not be making any payments. In fact, we are waiting for a full refund of our deposit of US$xxxx.

It seems that Grand Solmar has so far failed to acknowledge our cancellation because of a dispute about what "5 days to cancel" means. Grand Solmar stated that we have 5 calendar days to cancel, but the law clearly states that it is 5 business days. Our cancellation falls within the 5 business days, and PROFECO has confirmed that our cancellation falls within the 5 business days allowed by Mexican Consumer Protection Law. Please see the attachment. Furthermore, as
you are aware, we have a meeting date in early August with Grand Solmar representatives and PROFECO. We have also filed a complaint with the California State Attorney General and the US Federal Trade Commission about Grand Solmar's business practices.

We expect Grand Solmar and Resort Com to stop harassing us with letters requesting payment, and expect a full refund of our deposit immediately.

Regards,
X and Y

The US Consulate was very responsive this time, compared to the last time we contacted them. However, according to them we have already taken the necessary steps in contacting PROFECO. We received a much calmer response from Diane, though I don't understand why they need to forward our emails to Playa Grande instead of getting us in touch with them directly.

X and Y,

Your correspondence has been forwarded to the resort as it has been received. Your membership is not cancelled. From my understanding there is a hearing scheduled with PROFECO on ----. Is this correct information?

Thank you,
Diane Wilson

We replied:

Dear Diane Wilson,

We don't understand why you neglect to acknowledge our cancellation. The proof is in the email correspondence. Why is this contract's cancellation still in dispute? The first hearing date is scheduled for ----. In the meantime, we await your refund of our deposit in the amount of US$xxxx.

Regards,
X and Y

Again, she forwards the emails into an abyss.

X and Y,

The cancellation and or refund is not processed here at Resort Com. I have forwarded your information, as received, to the resort and will do the same with this correspondence.

Regards,
Diane Wilson

In the meantime, we never receive a response from Playa Grande or ResortCom about why they don't believe the correspondence I received from PROFECO about the cancellation date.

Success

Thanks to PROFECO for helping us out.

Dear X,

Regarding your complaint against Playa Grande, we would like to inform you that during the meeting the legal representative of the company agree you the following:

• To cancel your contract &
• To refund 100% of the amount paid.
  

Next meeting is scheduled for -- at -- (México City Time); please respond before that date; otherwise in accordance with the article 112 of the Federal Consumer Protection Law we will assume that is not interest to follow our conciliation procedure and your complaint will be filled as a concluded matter, to satisfaction.

Thank you in advance!!

Meeting Date Scheduled

We now have a file number and meeting date thanks to PROFECO.

It Will End Soon

We received confirmation from PROFECO that they have analyzed our complaint documents and will hold a hearing date soon.

Dear Sir/Madam,

Your complaint has been analyzed and we hope that this or next week we can get your file number and meetings date.

Thank you for your patience

Sincerely,

Laura Mejía
Department of Conciliation
Services for Foreign Residents

Welcome Call Agent?

Over the past week, I was out of town but was contacted by a "Welcome Call Agent" at ResortCom.

Hi,
My name is Rita and I have been trying to reach you. If you could please call me at 1-866-891-4579 Ext 1675

Thank you,

Rita Barron
Welcome Call Agent

ResortCom International
404 Camino del Rio South
Suite 400
San Diego, CA 92108
Phone: (619) 683 2470 ext 1675
Fax: (619) 683 2077
Email: ritab@resortcom.com

I replied back:

Dear Rita,

Thank you for contacting me. I have received a bill from ResortCom, however I will not be paying the balance as the contract is still in dispute. I have been in contact with Dulce Calleros from Playa Grande as well as Diane Wilson from ResortCom and they are familiar with the case. We canceled the contract on February 8, 2009 yet Dulce claims that our right to rescission ended on February 6, 2009. We have contacted and filed a complaint with PROFECO, the Mexican consumer protection agency. PROFECO confirmed with us that our right to cancel ends on February 9, 2009 as you can see from the attached email. PROFECO has received and analyzed our documentation and will have a hearing soon. In sumary, PROFECO agrees that we canceled the contract within the 5 business days allowed by Mexican law.

Regards,
X and Y