Sunset Group, Hotel Sunset Fishermen's, Royal Fishermen's Ripoff Illegal Tactic concerning right to rescind contract and misinformation Miami, Florida
I was on vacation in Mexico from April 13, 2006 to April 20, 2006. On April 14, 2006 I attended a time share presentation at the HOTEL SUNSET FISHERMEN'S located in Playa Del Carmen. The female sales representative told me that if I wanted to take advantage of the great deal that I was getting, I had to sign a statement waiving my right to rescind the contract within the 5-Day cooling off period.
After returning home, I learned through the Procuraduira Federal del Consumidor (PROFECO), the Mexican Federal Consumer Protection Agency, that the waiver statement is illegal and that I do have every right to cancel the contract and receive a full refund of my deposit. I paid a $3,915.27 deposit via my VISA card.
Now about that great deal. The sales rep told me that I would only have to pay a maintenance fee every other year even though I could use my weeks every year. Before signing the contract I asked her again about Item 9 on the Membership Verification form where the line for BIENNIAL Use was checked off. She again said this only meant I would pay a maintenance fee every other year. In reality it means I was purchasing a share that can only be used every other year, in my care odd number years.
I am embarrassed that I fell for these lies. On April 21, 2006 I sent an e-mail to SUNSET requesting that the contract be cancelled and that my money be refunded. The contract, Item Number 13, page 6, reads: "ANTICIPATED TERMINATION OF THE CONTRACT: MEMBER may declare anticipated termination of this contract within five business days of the business day following the signature hereof with the resulting reimbursement of the amounts paid, within a maximun 15 business day period after the date in which Member gives written notice thereof to the Developer, at its own or at its representative's address, or at the address where this present operation had taken place." My April 21st e-mail to SUNSET was sent on the 5th business day as described.
I also sent a follow up fax to their fax number and sent a letter by FedEx to their U.S. address in Florida. According to the Better Business Bureau of Southeast Florida, the address is a mail-drop. I filed a complaint at www.econsumer.gov and will file a complaint with PROFECO and the Florida Attorney General's Office.
I hope this information prevents other US citizens from becoming a victim of the SUNSET GROUP.
Hildred
Long Branch, New Jersey
U.S.A.
CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
5 Updates & Rebuttals
Hildred
Long Branch,New Jersey,
U.S.A.
settlement agreement
#6Author of original report
Sat, July 08, 2006
Update July 7, 2006: SUNSET forwarded via the U.S. Embassy a revised Settlement Agreement, which reads:
This letter is in regards to your April 21, 2006 cancellation request concerning contract number 26-1-6542, signed on April 14, 2006 with the ROYAL FISHERMEN'S S.A. de C.V. Your cancellation request is in accourdance with Item Number 13, Page 6, of the Membership Purchase Agreement, "Anticipated Termination of the Contract."
We hereby notify you that you are entitled to a full refund of $3,915.27 USD. This amount represents a downpayment toward a membership with the ROYAL FISHERMEN'S S.A. de C.V. We received the payment via your credit card account with the Capital One Bank VISA.
We, the SUNSET HOTELS GROUP, apologize for the inconvenience incurred by you in resolving this matter. It appears that there was a misunderstanding on our behalf. Upon execution of this Settlement Agreement, we request that you notify the internet sites "The SqueakyWheel and Rip-Off.com" of the misunderstanding and that, this matter has been amicably resolved and that you removed any other similar complaints and refrain from putting others in the future or this agreement will be considered null and void and any refunded monies will be due and payable on demand. All rights, which you had in the membership contract, will be terminated.
We would like to thank the American Embassy in Mexico City for bringing this oversight to our attention.
Signed by: Ferida Barreiro, Corp. Manager Customer Services & Reservations
Hildred
Long Branch,New Jersey,
U.S.A.
update
#6Author of original report
Tue, June 20, 2006
JUNE 20, 2006: As a result of contacting the U.S. Embassy in Mexico City, SUNSET sent a "Settlement Agreement" for me to sign. After consultation with the credit card company, who agreed that I should not sign SUNSET'S document, I requested that the Embassy advise SUNSET of my decision not to sign.
Here is some of the language from the "Settlement Agreement": "You agree to publish in the websites specified below, that all has been a misunderstanding about our membership programs and everything has been solved in an amicable way to your benefit."
In the next paragraph: "You also agree that you won't promote any other bad comments regarding the Sunset Group either on these websites or any other websites or communication system or any international and national government institution. In the same way you won't contact any other member or third parties for legal advice in anyway and at anytime. If you violate this agreement, this cancellation option will be voided automatically and we may proceed against you...etc, etc"
An ILLEGAL ACTION on their part is a "MISUNDERSTANDING" ??
FACTUAL information is "BAD COMMENTS" ??
I DON'T THINK SO !!
Hildred
Long Branch,New Jersey,
U.S.A.
alleging that they didn't get my e-mail
#6Author of original report
Wed, April 26, 2006
April 24, 2006 I received an e-mail from ROSALIA SILVA CAMPOS from SUNSET. IT was in Spanish but the gist of it is they are alleging that they didn't get my April 21, 2006 e-mail.
Hildred
Long Branch,New Jersey,
U.S.A.
alleging that they didn't get my e-mail
#6Author of original report
Wed, April 26, 2006
April 24, 2006 I received an e-mail from ROSALIA SILVA CAMPOS from SUNSET. IT was in Spanish but the gist of it is they are alleging that they didn't get my April 21, 2006 e-mail.
Hildred
Long Branch,New Jersey,
U.S.A.
alleging that they didn't get my e-mail
#6Author of original report
Wed, April 26, 2006
April 24, 2006 I received an e-mail from ROSALIA SILVA CAMPOS from SUNSET. IT was in Spanish but the gist of it is they are alleging that they didn't get my April 21, 2006 e-mail.