Sole Vacation Club Timeshare Tulum $950 Fee TC Servicios Riviera
**UPDATE** May 17, 2010 – I just called Sole Vacation Club to schedule a vacation at Dreams Tulum in July and was told that they have halted all reservations and that I need to call the hotel. They referred to the letter sent out concerning the extra fees and would not give any more information. It seems our timeshare has been FROZEN until further notice.
I recently received a letter from TC Servicios Riviera telling me I need to pay $950 by June 30, 2010 for my time share at Dreams Resort in Tulum. I am looking for anyone who can shed some light on what is going on with Sole Vacation Club and Dreams Resort. Apparently the name has been changed to Tulum Vacation Club and there has been some restructuring of the time share. I also understand that they want me to sign a new contract.
- My concerns are what happens to my old contract?
- The new contract is only for 5 years instead of the 20+ I had before?
- Have they begun construction of the timeshare units?
- How do these new fees effect the annual maintenance fees?
Any input anyone can give on Sole Vacation Club or Tulum Vacation Club or Dreams Tulum or TC Servicios Riviera in Quintana Roo would be greatly appreciated. Trying to get someone on the phone is nearly impossible.
NEW INFO I FOUND THANKS TO SOME HELP FROM READERS:
This is the House YOU built, and you are being kicked out!!!
May 9th, 2010
Fellow members,
Sorry that I have not been more active on the site.. The time has come for us to become active in our defense of our contracts with the Sole Vacation Club. Mr. Gilberto Sandretto is clearly trying to dump all the members with the latest scam, a new timeshare company contract and new fees.
Do not sign the new contract. It eliminates all your rights under the legal agreement you have with Sole. The letter from Sandretto (club owner) claims that PROFECO has approved this sidestep that allows him to eliminate the old legal agreements. This is a lie. He has merely applied for and been granted a new case file to create a new timeshare company…nothing more.
In the last week of May, I and several others are meeting with management of the timeshare companies and hotel management in Tulum. We will be accompanied by a representative from US Consulate and hopefully a Profeco exec. We will lay all the cards on the table and see what comes out. We have Mexican Attorneys attending as well.
In the meantime, do not sign the agreement. Send no money. Here is what you can do;
Write the US Consulate Officies in Merida and Playa Del Carmen and complain. They have opened a case file on us and the more names we have, the more weight we have. Here is the address;
This is the US Consulate office in Playa Del Carmen
playausca@gmail.com
Att: Samantha Mason
And also write:
To the Consulate office in Merida at;
meridacons@state.gov
And finally, write to;
Laura Mejía
Department of Conciliation
Services for Foreign Residents PROFECO
extranjeros@profeco.gob.mx
In every letter, describe your circumstances and ask that they attend the meeting with Sole Club management in Tulum on Wednesday, May 26, at 11 AM.
If this meeting is not successful you should consider making as much noise on the internet about the Dreams Tulum hotel as possible on websites that recommend vacation sites, such as;
www.tripadvisor.com
Don’t trash them yet, wait to see what happens in the meeting. I will keep you informed as the scenario progresses. Contact everyone you know that has a timeshare with Sole and forward this information to them.
Were Mad as HELL and we are not going to take it anymore.
link back to main site http://solevacationclub.org/
RESULTS OF MEETING ON MAY 26 , 2010
Dreams Resort, Tulum
FELLOW MEMBERS
On May 9th I sent you an email stating my understanding of the new contract offered by TC Servicios Riviera, S.A. de C.V. for the creation of Tulum Vacation Club and the dissolution of the Sole Vacation Club. I am writing to give you the information gained in meetings held at the resort last Wednesday, May 26th.
The meetings were held in a room reserved for us by Alejandra Izaguirre in the new convention center at the back of the resort.
Attendees for Sole Vacation Club;
Jim and Penny Moore – members
Tom Holiday – Member
Samantha Mason – US Consulate – Playa del Carmen
Claudia Hurtado Valenzuela – Translator and Internet Marketing Specialist
Augusto Rivero Bolio – Attorney
Attendees for TC Servicos;
Alejandra Izaguirre – Club Administrator
Marcos Jassan Mizrahi – Lawyer
Jorge Aguilar de Alba – Lawyer
Both of;
Müggenburg, Gorches, Peñalosa y Sepúlveda of Mexico City
The seller mentioned in our contracts, Efrain Eliecer Canul Zarate never showed up at the meetings but his lawyers did.
We spent 3-4 hours Wednesday going over all the details in both the contract and the instruction packages. We fought, at first, the notion that our current contracts are not in effect anymore, but that is the reality. Tom and I discussed possible legal avenues with Augusto Rivero, our attorney and Samantha Mason from the consulate. Samantha worked for 4 years in timeshare sales before moving to the US Consulate services.
Our emails to Profeco finally produced a response that basically said that if our meeting did not produce results we should sue in a Mexican Court…basically telling us that Profeco was not going to get involved. We are both tired of the conflict and decided to not start a 3-5 year long suit in a Mexican court that would probably fail. If you want to take it on yourself, go for it. When we asked everyone to get on board and signup with us to hire a lawyer, only 1 customer, other than Tom and I joined up.
It became clear during the meetings that the following is true;
1. SVC is no longer in business as Sole Vacation Club…nor is the parent company.
2. TC Servicios is the only entity that can grant use of the timeshare units at Dreams.
3. The contracts we all signed were not approved by Profeco…that means that they are not enforceable.
4. Mr. Rivero (our attorney) confirmed that the contracts and rules from TC have been registered and approved by Profeco (which means that they are enforceable), and we were told that this is the reason why the contracts cannot be modified.
5. The term of the new contract is 5 years, and will renew automatically until the original term of Sole contract is reached. In our case that was 2032, since we signed for 30 years beginning in 2002 (our lawyer confirmed us that TC is honoring the term of our contract).
6. In accordance with Mexican legislation, TC fixed the premises where the timeshare services are going to be rendered, which give us the certainty that there is premises destined to render the timeshare services. (TC Servicios wording here)
7. TC has selected units in the Garden area where they will provide units for the timeshare owners. They can be adjoining units or single hotel rooms. All have new fixtures and are nicely appointed. Also, the old White buildings near the beach are part of the offering, for an upcharge that has not been determined. See photo page
8. Alejandra is still the administrator for the club and will send you a contract with your specific information included in the variable information. Her email address is now; prearrival@serviciosriviera.com.mx
TC Servicios has made great efforts to process paperwork and approvals through Profeco, so as to be considered a serious, legal company. (Their wording)
I ask that you stop writing to Samantha Mason at the US Consulate in Playa Del Carmen. You guys covered them up in the last two weeks, which did get them to the meeting. They were very supportive, but by attending the meeting, she has done all she can. You can, if you wish, continue to write to Profeco or the US Consulate in Mexico City or in Merida.
See the web site, were all in the same soup. I am going to Tulum the last week of this month to meet and hopefully clear this up.
If you google sole vacation club there is a site that will explain what is going on.There is a meeting planned the end of May to get this mess resolved
Thanks Jim for the input. Much Appreciated!!
Thank you Ann. I appreciate your input!!
Thanks for your information. It was essential to know.
For further info of vacation club…you can visit http://www.thefractionalclub.com.
Is it too late to do anything to avoid lossing the contract with Dreams?
I would like to discuss the current situation
with other members.
Eric
We live in Mexico and just received our letter from Sole Vacation Club telling us of the $950.00 extraordinary fee. We called Resorts Advantage to question it and the lady could not tell me anything. We were not able to reach TC Servicios Riviera.
What happened at meeting on May 26? Were you able to fix the problem? We would appreciate hearing from you.
The May 26 meeting data has come and gone. Any updates? Jim Moore, did you find out any additional details? I appreciate all your help!
We should seek a settlement that includes lost opportunity because of failure to perform per the original contract. Basically, the new contract appears to be a part of a bait and switch.
Maybe the US Consulate is the best that we can do. As another person noted, we need to shine on the the apparent fraudulent business practices in this company.
We purchased our timeshare in about 2004. We have been to what was then Sunscape twice (the first time and then once as owners)–last year the rate for mainetnance went up, and then we recieved the letter. I am wondering whether this will be the beginning of a gouging of members for more maintenance $ in the next few years. Trying to decide (as we have been for the past few years) whether we should just sell the timeshare altogether, but have yet to find a reputable firm (do you have any suggestions?) or whether we should stick with it and just cough up the $$. Based on the notes from the meeting it sounds like that is what we have to do if we want to keep it, but I am wondering whether what we have is now essentially impossible to sell? Thanks for your efforts here!
I have received the same letter referring to my membership with Sole Vacation Club. I have had other issues with the maintenance fees with Sole Vacation Club. My contract states that in the event of death of a member the maintenance fee would be waived for the remainder of the 30 year contract. I lost my husband who was the member in 2005, I have been in a dispute with Sole Vacation Club for four years before they finally understood and applied the waiver to my contract. I have been in contact with Profeco with an open case with them since 2006. I have forwarded them all the new contracts now as I am being told that the new contract will not honor the waiving of the maintenance fee. Profeco has never done one thing to help in this matter. They emailed me the other day and informed me that they were going to close my case if I cannot come up with a correct address for Sole Vacation Club. Over the past four years Profeco has set up over 10 hearings and they never happen due to a no show or they informed me that the notice of the meeting was not delivered in a timely mannor by them. I have just been given the run around by Profeco and now they are trying to close my case. Has anybody else got anywhere with Profeco?
Our contract has no maintenace fee. I assume I am the lucky one and just walk away. Would like to be kept informed. Thanks for the followup. I am surprised that the Mexican government does not regulate this any better condidering tourism’s ecconomic significance. In passing I just got another e-mail asking for $950.
Hey there I’m looking for timeshares to buy. If you want a quick no commitment quote visit my site at http://aquisitions.TSinvestments.com and fill out my info form and I’ll see what I can offer you!
Hey there We’re looking for timeshares to buy. If you want a fast no commitment quote visit my site at http://aquisitions.TSinvestments.com and fill out my info form and I’ll see what I can offer you!
This is highway robbery. In a nutshell, this new company charges us because they can: We have a non-enforceable contract, and they are seeing how much they can get away without people going down there and revolt. I’m sorry to hear that I’m not the only sucker holding the bag here.
If we REALLY are serious about inflicting pain on these guys, the best way would be to create a high-traffic website for potential vacationers, and alert them of this scam and who they’ll be dealing with if they go down there. I’ll put in some pretty bad reviews now on a few Expedia-like websites.
An informative post and well worth reading. I have been reading your Timeshare blog for a while now and have to say it is one of the best around. Every time I see a good blog post I usually do one of three things: a. Forward it to all my relevant friends. 2. Bookmark it in some of the best sharing sites. 3. Make sure to re-visit the website where I came accross the post. After reading this post I’m seriously thinking of doing all three. Keep it coming !
“Sole Vacation Club” replaced by “Tulum Vacation Club” (now administered by TC Servicios Riviera)
at Dreams Tulum; previously also known as “Sunscape Tulum” and “Grand Sole”
————
Oh my god, it’s even worse than I thought as I was writing up my contract evaluation below.
The timeshare units have never even been built and they have just been buying rooms from the Hotel like any other travel agent! Heck, one year I even paid a fee to an agent they recommended to “rent out” our timeshare week. Luckily I refused to pay another annual fee to try to rent it after the 1st year of not being successful in renting it!
If anyone ever gets the email or address of someone who can do something about this, please let me know!
~Bill Edwards
billspurchases@gmail.com
————–
1) THE PROBLEM
a) All web information indicates that they have structured this change so your 2000-2004 prior purchase agreement is unenforceable even though it appears it is still owned by the same people.
b) The new contract email offer is advertised as “$950 for a new contract with similar terms”, but when you read the details you are on the hook for more than the $950 due with your signed contact and the terms are not the same.
2) OBVIOUS CONTRACT CHANGES
a) Our original $21,248 purchase contract was for a Hotel Unit Gold-Week with $0 annual fee if we stayed at the resort and a small fee if we traded it on RCI or similar. We owed absolutely nothing if we didn’t use it that year. Now for the same hotel unit, we owe a $500 maintenance fee per year, whether we use it or not.
b) The all-inclusive rates are daily, not weekly, and much higher than previous.
c) While the new purchase agreement is for 5 years with up to 5 renewals until your original 30 years expires (which sounds reasonable) on the surface.
3) HIDDEN CONTRACT COSTS
a) Due to the 5-year contract term, I was concerned that the $950 might need paid again every 5 years at the time of renewal, but I think it is worse. I believe the $950 management fee will be due every year in addition to the maintenance fee! Here’s why:
i) The membership type is listed as “Annual”.
ii) The $950 is a management fee. They list in the contract as covering “Office expenses and stationery US$ 100.00, Integration System US$ 200.00, Incentive Fee US$ 200.00, Hotel compensation US$ 200.00, Legal fee US$ 250.00”.
iii) The maintenance fee and management fee are both conditioned to Exhibit-1 (which they provided) and to specific sections of the “Rules and Regulations” which they did not provide.
iv) The contract and Exhibit-1 both refer to “office” as an annual expense. Exibit-1 #24 “Costs Determination” allows for the costs to be determined for the first and annual years
v) If the management fee was one-time, why would it need to be conditioned on “cost determination” every year?
b) Your new contract is a new Purchase Agreement. There is a new “closing fee” of $1,499 and the “Total purchase” is exactly that amount higher than your “initial deposit in cash” that you paid back when you bought it the first time. While they don’t ask for it at signing, you are on the hook. I’m not sure, but if at the time of the 5-year renewal you are required to sign a new purchase agreement, you might also be on the hook for an additional closing cost fee.
4) CAN I TRUST THEM?
a) While they go to great lengths to give you the impression that they have done things to protect you going forward, since I believe this is really the same people, I think that’s all bull and there is probably nothing to protect an owner from them doing this to us again. Heck, they even have the same club manager in place!
5) DO THEY CARE IF I “RENEW” with a whole new replacement contract?
a) NO! They win either way.
b) If you renew, they have you on a better terms with hidden fees. If they need to, they can close the club again, reopen under another name with a new purchase agreement, and charge you a closing fee! Heck, it’s Mexico!
c) If you don’t renew, they are completely clear to sell your week to another unsuspecting sucker! This is supported by the web report on Jan 6, 2011 of the hotel once again enlisting a sales team to sell timeshares. Kind of coincidental that I received a new offer on Jan 8, 2011.
6) EVALUATING THE OFFER
a) IF I ignore the trust issue, and IF write off the initial investment as a loss, and IF I ignore the open-endedness to the fee changes, I could still evaluate this offer as a stand-alone decision and here’s how it looks to me.
b) Even if I Even in the best but least likely scenario, I can still get a week for less money on Expedia.
Hotel Unit
1-Week
no meals Prorated Annual Cost Estimate
(without increases)
Per Contract Evaluation per email text
Fee Type Listed Fee Likely Hopeful Not Likely
1-closing / 5-years 1-mgmt /
5-years no closing
Closing Costs $ 1,499 $ 300 $ 300 $ –
Management $ 950 $ 950 $ 190 $ 190.00
Maintenance $ 500 $ 500 $ 500 $ 500.00
TOTAL $ 1,750 $ 990 $ 690
7) IF YOU DO DECIDE TO SIGN NEW AGREEMENT
WHY DID I WRITE THIS?
a) Get a copy of the Rules and Regulations.
b) Take a close look at Sections-2.3, 2.3.1 for confirmation of you future financial obligations.
a) After seeing that others were trying to keep me informed though a web site info from fellow timeshare owners at http://www.solevacationclub.org (thank you, thank you, thank you!), I felt an obligation to live up to their example. I hope this is helpful to you.
b) In writing this, I guess it also gives me some kind of closure to my wasted Mexican Timeshare Investment.
Sincerely,
Bill Edwards
Jan. 9, 2011
I still have a case open with Profeco. I need an address to the owner of the original Sole Vacation Club and an owners name. Profeco will close the case without a new address as they have informed me that notice of a hearing cannot be delivered to the addresses that I have given them. If anybody has an address please provide it to me.