On June 28, 2008 we traveled to Cancun, Mexico for our vacation. On 06-29-08, we were offered a time share membership tour; conducted by Brian Ackers a representatives of Royal Holiday at the Hotel Hyatt Cancun Caribe, located in Bvld Kukulkan km 12.5, zona hotelera, Cancun, Qroo, Mexico. We advised Royal Holiday at the time that we already owned a time share that was paid in full in Puerto Vallarta and that we did not need another one. We also asked if this was an US Corporation and they said yes, so we felt more comfortable as the sales staff was also from the US. They gave us a letter of appraisal (attached to the purchase agreement) stating the value of the trade-in time share that we owned in Rancho Banderas PV, Mexico was $13,780 and said that they will sell it for us within 90 days and these costs would go towards the reduction of the purchase price of $19,100.00. ). The amount would be netted for the commission that the wholesaler charges in the amount of $499.00 (13,780-499= $13,281). After much negotiation the final amount of the membership was $19,100. (See attached purchase contract). The only requirement on our end was to upon returning to California we needed to send our documentation for the time share in Rancho Banderas which we send via email the day on our return from vacation. As per the agreement in the contract we paid a deposit in the amount of $4,365.00 by credit card at the time of signing the agreement inclusive of $1,500.00 in closing costs.
The $1,500 closing cost was charged the following way - $1,100 by travel Experience S.A de C.V and $400 by Operadora Chula Vista y/o Hotel hacienda Real Savon Tour. The balance remaining $2,954 authorizing to be paid by charging the credit card beginning November 16-2008 in the amount of $98.47 every month (30 payments), as described in the promissory note.
When we got back from vacation on 06-14-08, we sent via e-mail to Ernesto Barberi (email@example.com) the certificate of membership in Puerto Vallarta, and this was confirmed via telephone from Brian Ackers that it was received.
At the end of the month of Oct. 2008 we have been receiving calls from their corporate office in Mexico City, asking us to pay them the amount of $13,281, stated in the promissory note?. On 10-30-2008 we sent a fax to (800) 961-1812 to Miguel Angel Escobedo with the letter of Appraisal which is the addendum to the contract given that was signed by Ryan their sales person who was part of the discussions with the purchase and sale agreement conducted in Cancun. We immediately contacted Brian Ackers and Ryan with respect to the call from the corporate office and was informed that they will get in touch with Miguel to advise him that the amount in question relates to the time share that they are still attempting to sell as the market had slowed in the resale time share market due to the recession in the US. We have made at least 10 calls to Cancun, trying to contact any of the sales man that were present : Bryan Ackers, Ryan and Ernesto Barberi (project director) and we only received one call from Bryan Ackers: He was told from Ernesto Barberi that they had not yet sold our time share in P. Vallarta. So that is why they are attempting to charge us this $13,281 amount which is in contradiction to the contractual and verbal agreement since this was not a best efforts arrangement. On 01-05-09 finally we were contacted by Mr. Ryan, who said that he did not know we were having these problems, and promised that either himself, Brian or Ernesto will call back the next day and resolve the issue. No one called back as promised on 01-08-09. I contacted Brian Ackers on 01-12-09 and he informed me that the best way to resolve this is to call the Manager of the Caribbean Mr. Mustapha who will fix this immediately. I called Paullina Saldana from the Royal Holiday Quality Assurance line (866 287-8214), and she promised to review the contract and call back. Again no one called back. On 01-13-09 again I tried to talk to the director Mr. Mustapha Bousid, and only was able to speak to his assistant Martel Ortega, she said that Mustapha was going to be back in a hour, took my contract number and said she will get him to call me back, Nothing happened and so last week we received a package from Mrs. Nancy D'argence from financial services at the Royal Holiday, attempting to do a modification in terms to our original signed and executed contract. Even the contract they sent had numerous errors including the member name: Edward and Mary Popal? and another contract number, This is all clear evidence of an attempt to do a bait and switch and to constitute a breach of contract for their failure to perform by selling the traded in time share.
There are copious articles from the internet from individuals that have been scammed by Royal Holiday that I find last night doing my research including notifications to credit card companies from the US State Department on scams by Royal Holiday. Under no circumstances are we agreeing to sign any modifications in the terms of the original agreement. We have all of the phone records on file verifying our attempts to resolve this issue.
Today 01-26-09 we received a call from George Morales, from Mexico City: This is the person calling us from the corporate office every other week asking for the $13,281 ( saying that they have another promissory note?), so.. after being very friendly with him he agreed to send me a copy of this other document never given to us. , (what we were explained by Ryan is that ones they sold our time share in P. Vallarta that we will be getting a check for the amount of $13,281 and that this other document had to be sign so we where able to do the bank to bank transfer), lots of lies and tricks these people use.And George finally accepts that the office in Cancun has been unable to sell the timeshare as agreed which has created this issue which is why they are attempted to offer a change in terms: to sell our timeshare "but we will not receive any money from our timeshare that they sale" (unbelievable) and a reduction in the overall points from 30,000 to 15,000. And to send an adittional $1,683.25.We attempted to call to Mr Mustapha Bousid Director of the Royal Holiday Club in Cancun, Mex. on his cell. (998) 845-5389 and he did not answer so we left him a message to call back, he was probably supprised on how I had his cell. number, so he call the next day left a message returning my call. I called very early this morning(01-29-09), he answer and said he was in a metting that he would call back in 2 hrs. 9 hrs has gone by and no call. We sent an e-mail to George Morales firstname.lastname@example.org, rejecting their counter -offer. It is unacceptable. Royal Holiday has commited a fraud, we demand a refund and cancelation of contract,. We will be sending this rejection via register mail also. He replied saying that will be sending the case to their collection agency.
Their coporate Office is in Mexico, city but they have a Mark Dingler (collections Manager) with address PMB #281 5727 nw 7TH sT, MIAMI fL 33126 USA.
These people also work in a group with: Travel Experience PO Box 150, Scottsdale, AZ 85252, and with CONCORD Financial Corporation-travel experience trust (ROYAL HOLIDAY, PO Box 29352, Phoenix, AZ 85038.
WHAT A MASTER PIECE SCHEME