First contact

On February 26, 2009, I receive my first contact from ResortCom. A woman by the name of Tanya calls me and asks me about my cancellation letter. I tell her my story and she says that she'll get me in touch with someone from the resort.

On Friday, March 6th, I get an email from a representative from the resort:

Dear X and Y,

I have been provided with a copy of your cancellation request which was email on February 8th, 2009 to Mr. Salesperson. As you know Mexican law allows the consumers to have a 5 day period to cancel your ownership purchase and in accordance to that law, your right to cancel expired on February 6th, 2009. Therefore, we are declining your request for cancellation of ownership XXXX with Grand Solmar Resort.

If you have any questions please feel free to contact me.

Dulce Calleros
Sales Owner Services
Playa Grande Resort
pgrsales@prodigy.net.mx

Fortunately for me, I know more about Mexican law than she does. In fact, I have 5 business days, starting the day after signing. See this post for details. And as a matter of fact, Monday February 2, 2009, is a holiday in Mexico, so it doesn't even count. I have until the end of the day on Monday February 9, 2009 to cancel. So I write her back and copy PROFECO and ResortCom.

Dear Dulce Calleros,

Thank you for your response. However, Article 56 of LEY Federal de Protección al Consumidor states: "The contract will be perfected within five working days from the delivery of, or the signature of the contract, which ever occurs thelatest. 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. Inthis 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."As you are aware, I have been in contact with Profeco and they indicate that I may cancel 5 business days after signing. Business days do not include holidays or weekends. Also note that the day of signing, February 2, 2009 was an observed holiday in Mexico (Día de la Constitución). Therefore I have the right to cancel by the end of day on February 9, 2009.

Regards,
X and Y