Dear X,
I have read the letters that you provided to Diane Wilson at Resortcom and I see that your reason for canceling the membership at Playa Grande Resort arethe Ice Weeks. Please allow me to explain to you that Ice Gallery Membership is a benefit that you purchased and paid for on top of your actual membership at the Grand Solmar Resort. Your actual agreement to Grand Solmar is for Membership #XXXX which is for a Floating Platinum Membership in a Studio Unit for Winter Season.
Ice Gallery Membership was sold to you as an additional program that you could acquire for just $399 usd and I am sure it was an atractive program to buy as it allows to buy additional weeks and those weeks are not part ofyour ownership and you have no mandatory yearly maintenance fee to pay for them.
I just contacted Patty in Ice in order to be provided with further information in regards to this additional weeks, she informed to me that once you access their website, if you click on the last minute deals you will see Resort Weeks that go anywhere from $199 usd to $399 usd. She also explained to me that you may also find Resort Vacations for $149, $179 but that they were usually 3 or 4 days stays. Something that I believe is very important for me to mention is the following: Ice Gallery promotes Resort Vacations and when they are 90 days or less (last minute vacations) they guarantee the $199-$399 pricing but, that their website also allows diverse Resorts to promote their own Resort Vacations and that Ice does not have anycontrol as far as the requested pricing. Patty also mentioned that their pricing are subject to changing from time to time without notice so if todaythey are $199-$399 or $149, $179 as mentioned before, maybe in 5 years they will be different.
I would be more than happy to assist you with further information but, please feel free to contact Patty at 1-888-320-4234 at ext. 4307
Regards,
Dulce Calleros
Sales Owner
Services
Playa Grande Resort
pgrsales@prodigy.net.mx
Okay thanks, but so what? I canceled and you're changing the subject. Dulce only re-affirmed that Mr. Salesperson wasn't upfront about all the details. We replied back:
Hi Dulce,
Thank you for your response. However, this does not change our decision to cancel. As you are aware, a reason for cancellation is not required when exercising our right to cancel within the 5 business day window. As I stated in our previous correspondence, we signed thec ontract on February 2, 2009, and canceled on February 8, 2009. We contacted PROFECO and verified that we have until the end of the business day on February 9, 2009 to cancel. Let me reiterate what Mexican law says:
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."
We have already submitted a formal complaint letter to PROFECO and they have confirmed that they are in the process of reviewing the complaint.
I have also started a blog to document our cancellation process: http://mexisham-timeshare.blogspot.com/
Please do your part and honor our right to cancel for a full refund.
Regards,
X and Y
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