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Sole Vacation Club is now Tulum Vacation Club

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

    9. 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.