On May 12th, I returned from a trip to Los Cabos where a friend and I stayed at the PB Pacifica resort. This was my fourth time at a PB resort, having stayed previously in the Mazatlan hotel. During our stay, we were pushed quite forcefully into attending a presentation at the PB Sunset Bay resort. We took part in the tour on Wednesday, May 7th and were toured around the resort by Stefano and Louis. I was persuaded into purchasing 200 points in the timeshare (or “premiere membership”) program because of promises made about how much less expensive a vacation to the resort would be under the program. I gave a deposit of $5370 USD that was charged to a Visa. The following day (May 8th), I spoke to my family and discovered that situations had changed with some finances and they were very unhappy with the timeshare investment. I immediately returned to the PB Sunset Bay and asked to speak to Eddy about my contract. He told me that there was simply no way I could get my deposit back. He said I could cancel my contract and forfeit my deposit, but that’s the best he could do. I specifically asked if there isn’t a period that allows for a person to rescind and he told me no. As a newly divorced 31 year old woman, I don’t have the luxury of being able to forfeit more than five thousand dollars. I asked if – and only if there was no way that I could receive my deposit back – I could possibly drop down from 200 points to 100 points, getting part of my deposit back and owing less on the remainder. He said he needed to speak to someone to find out and, when he returned, agreed that I could do that. It was at that point, however, that he told me they would still not be providing me any kind of refund for my deposit – I would simply owe less on the remainder. I have come to learn that Eddy was either incorrect or intentionally dishonest about the legality of the contract. I have become aware that my right to cancel and request a full refund is NON WAIVABLE under law and that even if a person is made to sign something to say the opposite, the signed contract is not a valid document to waive that right (verified by PROFECO). By speaking to Eddy and requesting my deposit back less than ONE full business day prior to initial signing of the contract, I provided adequate notice of wanting out of my contract within the legal allowable period. As per IAW Article 56 OF LEY Federal de Protección al Consumidor. (Article 56 of the Federal Consumer Protection Law states: “The contract will be perfected within five working days from the delivery of, or the signature of the contract, which ever occurs the latest. During this period, the consumer will have the right to revoke his consent without any responsibility. The revocation will have to be by means of warning or delivery of notice, in person, by registered mail, or another method of average reliability. The revocation according to this article, will terminate the contract. In this case, the costs of shipping and insurance will be the responsibility of the consumer. If the contract is for services, this article will not be applicable if the date of receipt of the service is less than ten working days from the date of the order of purchase.”) I have since been informed by a Barbara in member services that the reason I don’t qualify for a refund is because they are not a timeshare. Apparently, their new premiere membership program is different than a timeshare – despite the fact that I have several documents with the words “time share” right on them. Clearly it’s just semantics and a way that this company is trying to use a loop hole to evade the law. PROFECO has confirmed with me that they are in fact required to return my funds and have said I should file a formal complaint. As of today’s date, I have given Pueblo Bonito Travel 2 weeks to refund my money or I will proceed with a formal complaint with PROFECO and my credit card company.
This complaint and/or review was posted on HolySmoke.org on 13:47 pm, February 05, 2019 (CST) and is a permanent record located at: https://www.holysmoke.org/scam/pueblo-bonito-travel-review/.
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