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#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.
#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.
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.
I am going through this currently and would like to discuss hire to go about getting my full refund back. None of this was mentioned during signing.
ReplyDeleteIt is intentionally left out of discussion so that you don't realize your rights. They don't want you to cancel. I suggest contacting PROFECO to see if they can help.
Delete