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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 Protección al Consumidor. If you are outside of the 5 day period, go to our Fight Back page. Immediate Cancellation ProcedureYou need to send your cancellation by a means that you can easily prove that you complied with Article 56. Since you have reached this page via the internet, we recommend that you send your cancellation notice by email. At the bottom of this page are a sample cancellation notices which you can copy and edit to apply to your specific case. You should email this notice to all email addresses that are listed anywhere on your contract. You should also copy yourself, and PROFECO (the Mexican Federal Consumer Protection Agency at: extranjeros@profeco.gob.mx ) on your email. If your email system allows, you should request delivery confirmation and a return receipt. In MS Outlook these features can be found by clicking the "OPTIONS" button. If you are in Mexico and do not have email access, go find an internet cafe, go to www.yahoo.com and get a free email account, and then send your cancellation email. Even if you cancel in person with dozens of witnesses, the only way you are going to make the cancellation stick is a provable record of the cancellation and the best is by email with copies to yourself and to PROFECO. If you really want to be sure; and you really want to piss the resort off, check out my email listing and include every single Mexican and US government official on your email.
Sample Cancellation Email for Vacation Package Cancellation
Vacation Package Company Name Vacation Package Company Address I am writing you today to cancel my “XXXXXXX" (Silver / Gold / Platinum) package that was purchased on X/XX/XXX and to get a FULL REFUND for the $XXXX.00 which you have already charged to my credit card. I am providing you with notice that I am canceling this contract within five working days from (the delivery of, or the signing of) the contract IAW Article 56 of 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 am aware that my right to cancellation and a full refund is non waivable (the buyer cannot give it up) and even if the buyer is convinced to sign a document to give it up (waive the right) that waiver is not valid and the buyer still has the 5 day right. Any argument you have claiming that my enrollment fee is non-refundable is invalid according to Mexican law and this has been verified with PROFECO. I have been in contact with other Americans and know what my rights are under Mexican law. If you plan on sending me an email stating “As indicated in our agreement - you may cancel your membership at any time but the enrollment fee is non-refundable. I am afraid I cannot comply with your request”; do not waste your time or mine. You must comply with this request by law or face fines. You can also forget about sending me an email saying that filing a complaint with PROFECO will tie up my refund for months. I know this is not true. Any attempt by you to refuse this request will be forwarded to PROFECO with my demand that PROFECO fine you to the utmost extent of the law. You should also know that any email you send refusing me my rights, may be posted on the Internet for all the world to read and see how you do business. Comply with the law, cancel my contract, and send me my refund now! You should also note that I am copying several Mexican and US government agencies on this email as proof that I notified you within the legal time period. Thank you very much for your time,
Sample Cancellation Email for Timeshare Purchase
Timeshare Company Name Company Address I am writing you today to cancel my Timeshare Purchase Agreement that was signed on X/XX/XXX at XXXXX Resort, and to get a FULL REFUND for the $XXXX.00 which you have already charged to my credit card. I am providing you with notice that I am canceling this contract within five working days from (the delivery of, or the signing of) the contract 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 am aware that my right to cancellation and a full refund is non waivable, -the buyer cannot give it up- and even if I was convinced to sign a document to give up my rights, that waiver is not valid and I still has the 5 day right. (I now know that the 5 day cancellation release your salespeople had me sign is illegal and invalid.) Any argument you have claiming that my deposit is non-refundable, regardless of any misleading information or statements you put on the purchase agreement that my deposit is non-refundable, is also invalid according to Mexican law and this has been verified with PROFECO. Mexican laws allows me to cancel for no specific reason and requires you to provide me a full refund. I have been in contact with other Americans and now know what my rights are under Mexican law. If you plan on sending me an email refusing this request; do not waste your time or mine. I am not interested in any negotiations or cheaper packages. I immediately want this contract cancelled and a full refund of all my money. You must comply with this request by law or face fines. You can also forget about sending me an email saying that filing a complaint with PROFECO will tie up my refund for months. I know this is not true. You shoul;d also note that this email is being copied to PROFECO so they have a record of my attempt to legally cancel this contract on this date. PROFECO will be able to easily check their records and see that you are violating the law if you refuse this cancellation request. Any attempt by you to refuse this request will be forwarded to PROFECO with my demand that PROFECO fine you to the utmost extent of the law. You should also know that any email you send refusing me my rights, may be posted on the Internet for all the world to read and see how you do business. Due to the increasing number of resorts which are refusing to comply with Mexico Consumer Protection Laws (Article 56) and accept a legal cancellation of a contract; I will be sending a copy of this cancellation letter to my credit card company and instructing them that any continuing effort by your resort to charge my credit card is an illegal act under Mexican law and constitutes Fraud. I will also instruct my credit card company that if they chose to process your charges, which are in violation of Mexican law since this contract has been legally cancelled, I will file a lawsuit against my credit card company in a US court for damages. You will be welcome to send your representative to the US for the trial and to testify for my credit card company and explain why you chose to ignore this cancellation which is being performed in accordance with Article 56 of Ley Federal de Protección al Consumidor. Comply with the law, cancel my contract, and send me my refund now! You should also note that I am copying several Mexican and US government agencies on this email as proof that I notified you within the legal time period. Thank you very much for your time,
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