- Report: #715245
Report - Rebuttal - Arbitrate
Complaint Review: Promotora Sunset Beach Clubs, S.A. DE C.V.
Promotora Sunset Beach Clubs, S.A. DE C.V.Kukulcan Boulevard, KM. 10, Lot 13-B, Hotel Zone Internet United States of America
Promotora Sunset Beach Clubs, S.A. DE C.V. Club Sunset, Royal Sunset, Sunset Lagoon Hotel & Marina, Sunset Fishermen Spa & Resort Be Alert: STAY AWAY FROM ANY SUNSET GROUP RESORTS IN CANCUN, MEXICO, ALL LIES Cancun, Internet
In the presentation Ricardo teamed with Sales Manager, Marco Olivera presented us an amazing way to have vacations free or have positive cash flow with the ability to exchange other worldwide resorts with their timeshare system. Before we knew the 90 minutes presentation had become 5 to 6 hours sales pitch. Be Alert: All are nothing but lies.
LIE No. 1: Vacation free and positive cash flow
Ricardo and Marco explained to us how to rent timeshare weeks so we can have vacations free. Pay $699/week maintenance fee and rent it for $2,399/week. A profit of $1,700 per week rental!!! Not only we have our maintenance fee paid by somebody else but also we have $1,700 to spend on our vacation. If we have 4 weeks rental we can net $6,800. Except they are all lie, scam and fraud.
Be advised it is all based on rental. This is how they sell the timeshare. Rental is a part of the offer and is the only reason we bought it. It is completely a LIE.
WARNING to everyone: RUN as fast as you can as soon as you hear the word rental because it has never worked.
1. We have the form with Ricardo Figveroas handwriting of the rental price and net proceeds as well as his signature.
2. Sunset Group sales practice violated Article 92 of Mexican Consumer Protection law by presenting to the consumers the fraudulent rental information and misled the consumers to believe something that is not true. This is cheating and fraud. Such unethical sales constituted them in breaching the Contract.
3. They brought in their business partner, Resorts International Marketing Corp. (RIMC) which is a fraudulent company. RIMC has never rented out even one week for us.
4. Additionally we paid RIMC the lifetime membership of $549 and they took all the money, closed the business and opened a new company with a different name doing exactly the same scams to avoid the investigation of Florida General Attorney.
5. RIMC President, Ms. Phaedra Almstead was married to the manager of Cancun Sunset Group. She gives them a kick back on the fee that a client pays to. They shared money in this dirty deal.
Below is the information of the new company that Phaedra Almstead registered in her mothers name.
The new company is called Luxury Resort Management, www.luxuryresortmanagement.com, operating under the Florida LLC, Resort Advertising Network, LLC with her mother Barbara McVay as the President. Then she transferred the company to her own name after it is established.
The new company name, address and phone number are as follows:
3032 East Commercial Blvd. Suite#14
Fort Lauderdale, Fl. 33308
Tel: (954) 642-2480 and (888) 772-2480
The vacation package we received did not contain the same quality and specifications offered us at the sales presentation. As the consumer, we have the right to replacement, to discount, receive compensation or return, at our election, if the products do not meet the conditions of quality, brand or specifications offered. (Article 92 of the Federal Consumer Protection Law states: The consumers will have right to the replacement of the product, to the advantage, compensation or return of the paid amount, to their election, in the following cases:
I. When the net content of a product or the given amount is smaller than indicated in the package or the packing, considering the limits of tolerance allowed by the government;
II. If the item does not correspond to the quality, it marks, or substantial
specifications and other elements under which it has been offered; and
III. If or repaired it is not left in state adapted for his use or destiny, within the term of guarantee.
LIE No. 2: All-Inclusive
During the sales we confronted them with All-Inclusive clause. Sales man, Ricardo Figveroa and his manager, Marco Olivera interpreted that All-Inclusive is for Corporate Weeks only. For the regular weeks we can choose to have All-Inclusive or not to have All-Inclusive.
When I got home I rechecked the Contract and it says: All-Inclusive: Mandatory, The member must pay when they use Cancun.
Immediately I emailed the Sales Manager, Marco Olivera and confronted him with the discrepancy in the Contract in the morning on 06/24/2005. I emphasized it is critical for us to get the answer back in the afternoon on the same day so we could exercise our cancelation right within 5 working days. Marco did not reply until 06/26/2005 and his reply was not clear at all. I had to email him back to clarify the answer. Finally I got his clear answer on 06/27/2005. Immediately I called their office and spoke with Hector Tornell. After the phone call I sent the contract cancelation fax. Since I contacted them within 5 working days and the reply time was beyond my control they should be responsible for the delay completely.
1. First they lied to me in the sales.
2. They delayed the reply on purpose to avoid the cancelation of the Contract.
3. We have Marcos emails to prove that we contacted them for canceling the contract if there is discrepancy in the contract within 5 working days.
Once again Marco lied in sales and in his emails. We have the proof from RCI that all the weeks deposited by Sunset Group are All-Inclusive and RCI said such weeks cannot be exchanged with Non All-Inclusive weeks.
Below is what Marco said in his emails:
In his email Marco said The all-inclusive benefit is mandatory only at our two resorts in Cancun, but if you want to try local food you can choose any other resort in our system in Cancun or anywhere in the world with the option all inclusive.
When we confronted him with the name of the third resort he replied in the email The third resort is the Sunset Fisherman that you can use with your reg. wks only, and it is not a mandatory all inclusive.
We have never used any weeks. To prevent the expiration 2006, 2008 and 2010 weeks are currently deposited in RCI.
LIE No. 3: Contract Price
The total Contract price is $13,900 plus $795 Administration costs. We paid 50% of the Contract price, $6,950 plus $795 with the credit card. They charged our credit card of $5,784.55 + $2,135.01 = $7,919.56.
For the other 50% it is paid in 12 month installment with 0% interest. Below is the amortization in the Contract:
Month 1 Month 11 $587.17
Month 12 $587.13
In fact they charged us $587.17 in month 12 too. That gives the total of $7,046.04. The 50% of the Contract price is $6,950. They overcharged us $96.04.
We request full refund of everything we paid including the RMIC membership fee.
Total Contract Price: $14,975.60 ($7,919.56 + $7,046.04 = $14,965.60)
Five Year Fee: $411.00
2006 Maintenance Fee: $719.00
2008 Maintenance Fee: $838.00
2010 Maintenance Fee: $881.00
We have filed the complaints with Profeco, www.econsumer.gov, US Embassy in Mexico, Florida Attorney General, The Mexican Ministry of Tourism.
This report was posted on Ripoff Report on 04/07/2011 06:30 PM and is a permanent record located here: http://www.ripoffreport.com/r/Promotora-Sunset-Beach-Clubs-SA-DE-CV/internet/Promotora-Sunset-Beach-Clubs-SA-DE-CV-Club-Sunset-Royal-Sunset-Sunset-Lagoon-Ho-715245. 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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