- Report: #1153680
Complaint Review: Pueblo Bonito Travel - CABO SAN LUCAS Select State/Province
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Pueblo Bonito Travel
CABO SAN LUCAS, 23450 Select State/Province, Mexico
Phone:
1-800-990-8250
Web:
www.pueblobonitotravel.com, http://www.pueblobonitosunsetbeach.com/
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Pueblo Bonito Travel Breaking the law by refusing to refund my deposit CABO SAN LUCAS Baja California
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.
3 Updates & Rebuttals
Mark Miles
New York,New York,
USA
Reply
#2Consumer Comment
Mon, May 23, 2016
It is always best to hire someone skilled to do so, unfortunately in most cases these companies dedicated to cancel timeshares usually cheat for the second time to their customers since they are vulnerable and desperate. If you are thinking of hiring them you just have to make sure you do not have to make any payment upfront ... I found these articles that speak precisely about this, you should read them, that might help you to resolve many doubts:
http://www.timesharescam.com/blog/158-how-to-cancel-a-timeshare/
margaretsims90
Alabama,Pueblo Bonito Timeshare Complaints
#3Consumer Comment
Mon, February 23, 2015
Getting into a timeshare can be very easy, getting out, not so much. Many vacationers purchase timeshares with the intention to travel around the world, some others pretend to buy the vacation property as a financial investment (which is actually unwise move), while some of them were practically pushed into it. Whichever the reason is, the truth is that loads of timeshare owners regret their purchases. There are lots of timeshare scams.
Kimberleybk7
Aliso Viejo,California,
Facing same problem - No Response from Dirk Meyer or any Management
#4Consumer Comment
Wed, July 23, 2014
I am facing almost an identical issue with Pueblo Bonito and have so far been ignored by Dirk Meyer, the manager of the representative, Arturo, who did our presentation. I asked that this be rescinded and the deposit returned within the 5 day time period and even quoted this statute in one of my last emails. No response so far. I also plan to file a complaint with Avis because this is where they station their reps who virtually force you into attending a timeshare presentation by over quoting the rental car price and leaving you with no choice other than to attend this scam presentation to obtain a discount. I am writing to see if you were able to resolve your complaint and who to contact since Dirk Meyer (mentioned in many if these reviews) is not responding to any of my requests.
