- Report: #316581
Report - Rebuttal - Arbitrate
Complaint Review: Grupo Mayan - Mayan Palace
Grupo Mayan - Mayan Palace3422, 2 Piso, COL. . C.P. 45040 Chapalita, Mexico Mexico
Grupo Mayan - Mayan Palace refusing to refund our deposit Nuevo Vallarta Mexico
*Consumer Comment: Mayan Palace Timeshare Scam
*Author of original report: This has been resolved.
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During the next couple of days we reviewed everything in further detail and decided that it was not in our best interest at this time to own a Timeshare. We sent an email and a fax to Grupo Mayan on March 2nd advising them that we wished to cancel our contract and get a full refund of our deposit.
On March 3rd we sent a certified letter and we spoke to Corina Heesh who stated that she would pull our contract and calls us back to discuss. By noon on March 4th we had not received a call so we called Corina again to see when we could expect our refund. Corina stated that they could not process a refund as our 5 business days had expired. We explained to her that Monday March 3rd was only day 4. She said that weekends count as business days therefore our 5 days expired on Sunday. We explained that we had sent an email and a fax on Sunday but she said that it did not go to the international sales department so there was noting she could do. She also stated that we really do not get 5 days because we purchased a resale Timeshare so the prior owners had already exhausted the 5 day period. At that point she said that she had to go and she would call us back on Wednesday March 5th.
After our conversation with Corina we contacted Profeco to find out our rights to cancel the contract and receive a refund. We were advised by Profeco that the 5 days are business days and weekends are not included as business days therefore we had until March 4, 2008 to cancel our contract and get a full refund. We were also informed that it did not matter that we purchased a resale Timeshare we still had the 5 business days to make a decision and that right could not be waived because there were prior owners.
At that point we called Corina again and left her a message and sent an email as well as a fax in regards to this information and asked that they cancel our contract and refund our deposit. We also sent the same email to Profeco.
On March 5th we had not received a call from Corina so we called her and left her another message to call us back. On March 9th we finally spoke to Corina who told us to go ahead and file a Profeco complaint because they were not going to refund any of the money. She tried to sell us a cheaper package as she said that it would be in our best interest since the consumer normally does not win these complaints. She also stated by filling this complaint we will loose our deposit and they will not honor our timeshare contract if we lose so we will be out our deposit as well as our Timeshare.
Corina advised us that it takes Profeco a few months to resolve the issue and that the consumer very rarely wins the disputes so she felt very confident in her decision to deny us our refund. I hope that her statement is inaccurate.
At this time we have no resolution. We have sent everything to Profeco but again they will not do anything until day 20. We have all the documents to support our cancellation as well as all the conversations with Corina were recorded.
We have sent information to the news stations hoping they will do an investigation into it and put it out on air to give people warning about timeshare sales and what to watch out for. Unfortunately we did not know anything about timeshares and now we are battling to get our deposit back instead of enjoying something that could have been great. The Mayan resort is a beautiful location.
This report was posted on Ripoff Report on 03/10/2008 03:08 PM and is a permanent record located here: http://www.ripoffreport.com/r/Grupo-Mayan-Mayan-Palace/Chapalita-Mexico-45040/Grupo-Mayan-Mayan-Palace-refusing-to-refund-our-deposit-Nuevo-Vallarta-Mexico-316581. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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