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Royal Holiday - Royal Holiday Scam you have rights!
Posted on Friday, June 18th, 2010 at 8:55am CDT by 641b8d0a
Product: Vacation Club Membership
Company: Royal Holiday
Location: PMB. #281, 5727 NW 7th Street,
Miami, Fl, 33126-3105, US
We made the purchase of a vacation club membership with Royal Holiday on May 31, 2010 while on vacation in Cancun. We had agreed with the sales director, Ernesto Barberi to exchange 1 of our paid in full timeshare properties in addition to a cash deposit for a paid in full membership package. Later that evening while reading through the membership packet, we realized numerous discrepancies and outright lies between what was presented and what was contained within the language of the packet. We therefore decided that night to exercise our legal right to cancel the membership and receive a full refund. We exercised that right the very next day, June 1, 2010 and met with Mr. Barberi, who claimed that he was unable to process the cancellation at the sales office and gave us instructions of what he needed to do to obtain cancellation and refund authorization. Needles to say, Mr. Barberi has failed to respond to any phone calls, emails or letter since that date.
We have sent registered letters to all adresses in the contract, email notifications, faxes and phone calls on a daily basis and all within the legal time frame allowed, all without results. All our attempts to obtain a cancellation and refund within the allowed 5 business days been roadblocked by the company. Each and every person we contact via email or phone claims that they are either unaware of the process to provide a cancellation/refund or they are not authorized to do so. Also, they are unwilling to provide a name or contact number of any person who knows how to process a cancellation / refund or is authorized to do so.. Ironically, although not authorized to process a cancellation, each representative is authorized to offer upgrades and downgrades galore.
After conducting an internet search, I was amazed to find literally hundreds, if not thousands, of complaints of fraud on behalf of the Royal Holiday representatives. I also found an extremely shocking number of cases of victims attempting to cancel within the legal timeframe as is their right by Article 56 of the Federal Consumer Protection Act all to no avail as the company refuses to abide by the law.
Know You Rights
Article 56 of the Federal Consumer Protection Law
The contract will be perfected within five working days from the delivery of, or the company/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.
ARTICLE 32 OF the Federal Consumer Protection Law
The information or publicity relative to goods or services that spread by any means or forms, will have to be truthful, verifiable and clear of texts, dialogues, sounds, images and other descriptions that induce or can induce error or confusion, by its inaccuracy.
Immediate Cancellation Procedure
To protect your right to cancel within 5 days of signing your contract you must immediately send notification of your intent to cancel and exercise your rights under ARTICLE 56 OF Ley Federal de Proteccin al Consumidor.
You need to send your cancellation by a means that you can easily prove that you complied with Article 56. It is best to send a certified letter to all Mexican Addresses contained within the agreement and to follow up via email and fax. You should also copy yourself, and PROFECO (the Mexican Federal Consumer Protection Agency at: [email protected] ) on your email. If your email system allows, you should request delivery confirmation and a return receipt. Do this even if you make the cancellation in person.
Also, it is best to forward copies of all correspondence to the Mexican Embassy in your home town or better yet, show up with documentation in hand. They will assist you with a PROFECO claim.
As an added measure of insurance, forward all correspondence to the Mexican Embassy in Washington, DC, the US Consulate in Mexico, and the Mexican Board of Tourism.
Contact Your Credit card company immediately to stop payment and issue an dispute. Provide copies of all written, emailed, faxed correspondence in addition to a copye Article 56
If you feel you were defrauded at a timeshare or vacation package sale in Mexico, you can fight back for a full refund.http://www.mescam.com/index.htm
Check out the following for more assistance:
http://www.youtube.com/watch?v=l1W2HVGnNls 20/20 Royal Holiday Timeshare Investigation