NH Krystal Cancun Hotel & Resort Taking legal action against Krystal Resort (Nh Hotels) - SCAM Cancun, Mexico

So like many others, my husband and I are also victims of the Krystal "investment" scam.  Unlike others, we are taking legal action against them.  My lawyer is reviewing the case (I will be out of town until 4/19).  He's trying to see if we can go after Krystal or Nh Hotels (the parent company) - depending on where the company is incorporated.  We should band together to fight this.  If you have won the legal battle against them in the past, please share.  Please find as many travel sites/blogs as you can and simply link people to your Ripoff Report, so that as people search for and book resorts, they are aware of Krystal and it's scam.  Fortunately we have not used the timeshare since we bought it, so that should help with our case.

I will also create a facebook/linkedin (Linkedin is most searchable)page to allow others to publicly share their grievances against them.  If you would like to join the legal action against them, feel free to email me at fairandlegal@gmail.com. 

I'm sure you recall one of the sales guy touting how many people have sign up with them.  This just proves their professional trickery - taking advantage of people when they are on vacation and their guards are down.

I will include my email correspondence with them below in case you are interested.  Here are the Kystal employees and management that are part of this scam and will be herein mentioned in legal proceedings:

Ray Rubio (rrubio@nh-hotels.com.mx) - Martha's boss
Cynthia Saldivar (c.saldivar@nh-hotels.com)
Laura Gonzalez (l.gonzalez@nh-hotels.com)
Martha Gonzalez (qualityassurance@kivc.com)
Sergio Trevino (sjtrevino71@gmail.com)

Emails to and from Martha in QA:

 

-----Original Message-----
From: Martha Gonzalez [mailto:qualityassurance@kivc.com]
Sent: Sunday, April 04, 2010 12:39 PM
To:
Cc: ; rrubio@kivc.com
Subject: RV: CHCC 8795 Krystal Cancun
Importance: High

 

Dear Mr & Mrs.

 

As i explained to you on my previous email, Krystal does not handle the rental of your weeks, a Broker does which is a 3th party company. Please contact your the broker you are enroll with and follow up on your weeks as it states in your Byers Acknowledgement and Understanding In Clause 20th "I/We understand that the Krystal Vacation Club will not rent or resell mu weeks and does not guarantee rental or resale income. Should you choose to contact the services of any rental or resale company, it will be under my responsibility".

 

In the other hand, the contract is very specific in this matter to avoid any misinterpretation or misunderstanding on how your membership works by stating that this is a Vacation Club Membership not an Investment and that is mainly for vacation purposes, to assure this in your Byers Acknowledgment and Understanding in Clause 21 "I/We understands that this purchase is for vacation membership package and that is intended for vacationing rather than profit making". Also in Clause 17th states "Member states that that this purchase is not putting an undue financial burden on themselves or family." In Clause 18th "We/us, and Acknowledge that any Statements whether verbal or written which are not contained in the official documentation provide to the member and signed by the Club Representative will be held invalid in case of dispute". That's why we ask all our members to initial all this clauses so everything is clear for them.

 

We look forward to provide you and your family with years of pleasurable vacations and ask for the opportunity to live up to all the benefits stated in the contract mutually signed.

 

If you have any other question, I will be more than happy to assist you.

 

 

Martha I Gonzalez

Quality Assurance

Krystal International Vacation Club

PASEO KUKULKAN KM 9 LOTE 9 Y 9A Z.H.

77500 CANCUN, Q. ROO

MEXICO

TEL. (988) 848-98-00 EXT 728 & 729

FAX. (988) 848-98-29

qualityassurance@kivc.com

www.kivc.com

 

 

 

 

-----Mensaje original-----

De: 

Enviado el: Viernes, 02 de Abril de 2010 12:51 a.m.

Para: qualityassurance@kivc.com

CC:  sjtrevino71@gmail.com

Asunto: FW: CHCC 8795 Krystal Cancun

Importancia: Alta

 

Hi Martha,

 

Please get back to me as soon as possible on this.  I am meeting with my lawyer on Monday and need to let him know how to proceed.

 

Thanks,

 

 

 

From:

Sent: Wednesday, March 31, 2010 3:34 PM

To: 'qualityassurance@kivc.com'

Cc:

Subject: FW: CHCC 8795 Krystal Cancun

Importance: High

 

 

Martha,

 

I sent over the email on March 7th.  According to my schedule, I need to hear from you by end of day today but I have not heard anything.

 

Please let me know.

 

Thanks,

 

From:

Sent: Sunday, March 07, 2010 11:54 PM

To: 'qualityassurance@kivc.com'

Cc: 'sjtrevino71@gmail.com';

Subject: FW: FW: CHCC 8795 Krystal Cancun

Importance: High

 

 

Martha,

 

 

 

I was corresponding with Sergio in August regarding our property and now I'm taking over again until this issue is resolved.

 

This is indeed very misleading (which I'm sure is part of your Company's intention), and I want to recap exactly what have happened and what was promised to us (which should be no surprise to you and Sargio, whom I've cc'd on this email).

 

At the time of our purchase we were promised 3 things: 

 

 

1) That the purchase is contingent on the finance approval of 3.9% monthly payment.  Sergio again and again reassured us that the credit approval will go through so that we only have to pay a 3.9% monthly payment on our purchase.  However, the financing option did not go through, and since he took another form of payment from us, he went ahead and charged us in full.  As of today, we are still paying a premium for this.  The transition almost took an hour, and he kept telling us that the bank will be able to get back to us 2-3 days later, and that he will charge the total amount on our existing card and then transfer over when the 3.9% credit comes through.  This is obviously a deliberate scam to get us to purchase on the spot.  He reassured us that he's worked in the US and that we have nothing to worry about.

 

2) The other promise we were given is that your Company will sell our timeshare to make the transaction affordable.  We clearly stated that we will purchase the time share only if we can sell our existing one.  Again, we were told over and over that it would not be a problem, that your Company will sell the timeshare for us.  We even ask them to provide the paper work on this, including the value (see attached).  Since then, I've been in communication with Sergio, we again was led on to believe that he is managing the process.  Then all of a sudden, Sargio stopped communicating with us.  Since Aug.  - nothing.

 

So 2 out of 2 what we were promised were not realized!

 

Now 3) We were very skeptical  about your Company's timeshare in the very beginning.  The only reason we bought into this is that the sales people (including many levels of management) kept convincing us that this is really not a timeshare, but really an investment with a "guaranteed" payment.  As indicated in the document it is said that "According to the conversation, we guarantee. . ."  We specifically asked for the written fax and was told again and again this is a no brainer investment because we are GURANTEED to get our money back plus  more.  The managers shamelessly showed us paperwork of how other people have gotten their money and how many have come back to purchase more. 

 

Clearly, when you put together the email below, you know very well how your Company operates and how it tries to deceive its customers.  This is an absolute disappointment and I can't imagine how you can continue to run an unethical operations like this. 

 

We've given you enough chance and time to make good on the deal, so now you have 2  choices:

 

1) Follow through on our initial agreement and pay us $7,000 due for 2009 and then subsequent payment in 2010 and sell our timeshare, which were all agreed.  Even though the payment is late, it will be considered "make good."

 

2) Give us full refund on our purchase immediately.  Even though we've lost in all the finance charges we've paid (thought that we'd make the money back), we'll consider it lesson learned.

 

I need you to agree on one of these two options and provide resolution by March 31, 2010 .  Otherwise I will hire an attorney to 1) recoup my loss (and you'll have to pay the attorney fees), and 2) to make sure  Krystal is on every blog and every timeshare related conversation on the web  ensure that no one else becomes victim of this unethical transaction (you will pay for this too as part of the legal transaction fee).

 

Please let me know what you decide.

 

>

 

 

 From: Martha Gonzalez [mailto:qualityassurance@kivc.com]

Sent: Monday, February 22, 2010 4:25 PM

To:

Subject: CHCC 8795 Krystal Cancun

 

 

 

Dear

 

 

 

We  receive a fax from you asking about the rent of your weeks, many vacation clubs do not allow their members this privilege; we do as we feel it is an alternative that allows our members more enjoyment and freedom from their vacation membership. However, as stated in the buyer's acknowledgement and understanding document you signed on the day of purchase in clause 21 states that the Krystal International Vacation Club does not rent or resell weeks and does not guarantee rental or resale income. Should you choose to contract the services of any rental or resale company, it is under your own responsibility.

 

As well on the date of purchase you were given a list of brokers stating that you understood that the resort does not handle rental or resale and that these companies are acknowledged BUT NOT ENDORSED by Krystal International Vacation Club. 

 

If for any reason the salesmen did or said anything to lead you to believe anything contrary to these above mentioned statements, we are truly sorry. We go through great lengths to prevent these kinds of situations that are the reason you meet with Mr. Rubio the Quality Assurance Manager who help you go over the paper work on the day of purchase. Our main responsibility is to ensure that every new member understands all the privileges and obligations of acquiring our membership. 

 

We look forward to providing you and your family with years of pleasurable vacations and ask for the opportunity to live up to all the benefits stated in the contract mutually signed.

 

Again we are truly sorry for this misunderstanding and would be delighted to have the opportunity to have you experience the first class vacations our club has the ability to offer providing your membership account is returned in good status.

 

For more information please contact the broker you are enroll with.

 

 

 

Martha I Gonzalez

Quality Assurance

 

Krystal International Vacation Club

 

PASEO KUKULKAN KM 9 LOTE 9 Y 9A Z.H.

77500 CANCUN, Q. ROO

MEXICO

TEL. (988) 848-98-00 EXT 728 & 729

FAX. (988) 848-98-29

 

quialityassurance@kivc.com

 

www.kivc.com

Here's the email correspondence with Ray Trevino:

Hi ,

 

Ok got the info i will start the proses and keep you inform..

 

Regards

 

Sergio

 

On 7/30/09,  wrote:

> Hi Sergio,

>

 

> I'm not sure if you received the information below regarding the  resell of our Sunset Resort timeshare.

>

 

> We recenly received a notifcation that we didn't get the Bank of America credit card approval to refinance the Krystal purchase.  Our purchase of Krystal was contingent on the 3.9% monthly credit payment as a financing option until revenue from the sale of Kyrstal units come in.  We simply cannot pay the entire amount in full, and we will  not pay 20%+ to our current credit card to finance this.  The only option is to sell the Sunset Resort quickly to cover some of that cost, then it could be doable.

>

 

> Please let me know ASAP where you are with the sale of our Sunset  Resort timeshare, so we keep or need to return our Krystal purchase. 

> Again, the reason we were able to purchase this was when you provided  the small monthly payment option through Bank of America/RCI credit card.

>

 

> Please let me know ASAP if you can sell the Sunset Resort in less than 2 weeks.  Attached is the document you shared with us regarding the Sunset Resort.

>

 

> You may reach me via this email or at 909-910-8386.

>

 

> Thank You.

>

 

>

>

 

> -----Original Message-----

> From:

> Sent: Friday, July 17, 2009 10:45 AM

> To: rrubio@nh-hoteles.com.mx;

> Subject: Paperworks for the Sunset Timeshare---Please forward to

> Sergio

>

 

> Hi Ray,

>

 

> Here are our paperworks for our Sunset timeshare ownership in Cancun.

> Could you please help to forward this paperworks to Sergio for the sale of the timeshare.  Also, could you also have him send us an email  confirmation that he has received the information without any problems?

>

 

> Thank you for your help,

>

>

>

 

 

 

--

Sergio Trevio M.