Within 5 business days
Cancel your contract & get your money back
This is the most important page on the site. Follow it exactly. If you do not follow these directions, there is little anyone can do to help you — and if you're afraid of being mean, you're going to have to get over it. You have to fight these crooks.
The immediate cancellation procedure
- 1
Act now — you have 5 business days
To protect your right to cancel within 5 business days of signing, you must immediately send notice of your intent to cancel and exercise your rights under Article 56 of Ley Federal de Protección al Consumidor. Outside the 5-day window? Go to Fight Back.
- 2
Send it by email so you can prove it
You need to cancel by a means you can easily prove. Email is best. If you're in Mexico with no email access, go to an internet café and get a free email account, then send your cancellation. Even if you cancel in person with dozens of witnesses, the only thing that makes it stick is a provable record.
- 3
Copy yourself, PROFECO, and government officials
Email your cancellation to every address listed anywhere on your contract (check the resort website for more). At a minimum, copy yourself and PROFECO. The more public you make it, the better. If your email allows it, request delivery confirmation and a return receipt.
- 4
Declare any charges fraudulent
State in your letter that because you are cancelling in full compliance with Mexican law, any charges against your credit card are illegal and therefore fraudulent — and that you will sue your credit card company in a US court if they bill you for more than the first $50. This moves the game onto your side.
Cancel with the resort — not your salesperson
If you must cancel in person, get proof
Who to copy (CC)
Copy-and-paste cancellation letters
Copy one of these, fill in the blanks (date, names, amounts, card), and send it. Most people get into trouble because they wimp out when writing their letter — stick to the full format, especially the part about being willing to sue your credit card company.
For a vacation package
Date 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/XXXX 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, whichever 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, Customer Name Customer Address Customer Phone Number Customer Email Address
For a timeshare purchase
This version also notifies the resort you'll treat the charges as fraud and sue your credit card company — the strongest letter.
Date Timeshare Company Name Company Address I am writing you today to cancel my Timeshare Purchase Agreement that was signed on X/XX/XXXX 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, whichever 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 have 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 law 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 should 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, Customer Name Customer Address Customer Phone Number Customer Email Address
The strategy that wins
Treat the charges as fraud — sue your credit card company
A critical point you need to make in your cancellation letter is that you are cancelling in full compliance with Mexican law, and therefore any charges against your credit card account are illegal and therefore fraudulent charges. In accordance with US (and possibly Canadian) law, you are only responsible for the first $50 of any fraudulent charge — and if your credit card company tries to bill you for more, you will sue your credit card company in a US court.
This approach moves the game onto your side. The timeshare can't do anything against you in a US court, and they have no standing in a lawsuit you file against your credit card company. Of course the timeshare can show up at the trial (which should be in small claims court) — but do you really think they want a US judge questioning them about their sales practices? By suing your credit card company you take all the power away from the timeshare company.
Your credit card company is only getting 2–4% of the charged amount. Are they really going to spend resources to send someone to court for 4% of $5,000 — which is $200? The answer is no. They'll let you have a default judgment, which means they must reverse the charges, and if you demand it, you'll be awarded court costs too. Your credit card company then passes all those costs back to the timeshare. The timeshare can't operate without your credit card company, so the smart business move for them is simply to give you a full refund.
It works
Outside the 5-day window?
There's little legal recourse once the 5 days pass (PROFECO is largely toothless and corrupt). But you still have options: make refunding you a better business decision than fighting you.
Read the Fight Back playbook