On February 25, 2024, I attended a sales presentation by Arrivia, Inc. at Dreams Tulum Resort & Spa. False claims were made about the Unlimited Vacation Club (UVC) membership. I was promised 40 weeks at $760 each and 4 weeks at $299 each, usable for up to 8 people per reservation on the RCI website, including hotels and exclusive catamarans (1 week for $760, excluding food), plus significant savings on vacation packages for up to 10 years. These claims were false. Upon discovering the fraud, I requested cancellation on March 4, 2024, via phone, email, and a certified mail letter from my lawyer to their Arizona office, which was ignored. WhatsApp conversations with the seller prove the misrepresentation, but the merchant’s response ignored the core issue and offered only a letter to sign, forfeiting the down payment for contract cancellation. Despite multiple attempts, the merchant refused to refund the $8,499 paid.
Reaffirmation of Fraudulent Inducement and Material Misrepresentation:
1. Intentional Misrepresentation of Material Facts:
- False Claim: Promised exclusive catamaran vacations for up to 8 people at $760 per week.
- Actual Terms: Limited to once every four years and not for exclusive use (1 room for 2 people in a shared catamaran), contradicting verbal promises.
- Evidence: WhatsApp conversations with sales representative Fernanda Ramirez show misleading promises.
2. Merchant’s Acknowledgment of Issues:
- Emails: Correspondence from Mauricio Gómez of UVC’s Quality Assurance Department acknowledges the issues but offers inadequate alternatives.
- Key Points Ignored: The merchant’s letter does not refute that the benefits promised were false and misleading.
3. Systematic Deception and High-Pressure Sales Tactics:
- The sales presentation was designed to secure quick signatures without allowing for verification of claims.
4. Immediate Cancellation Request:
- Upon realizing the fraud, I immediately requested cancellation on March 4, 2024. This swift action underscores that I would not have entered into the contract had the true terms been disclosed.
Under Florida law, this case meets all elements of fraudulent inducement:
1. False Statement of Material Fact: The catamaran benefit and RCI weeks.
2. Knowledge of Falsity: Implied by the representative’s communications and actions.
3. Intent to Induce Reliance: Structured sales presentation designed to secure quick signatures.
4. Actual Reliance: I signed based on these false promises.
5. Resulting Damage: $8,499 down payment and ongoing financial obligations.
Please take action to investigate this matter and assist in resolving this issue.
Thank you.
Alejandra Gómez Pérez
Claimed loss: 8499 plus ongoing financial obligations
Desired outcome: Refund, cancellation of contract and void of promissory note.
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This complaint has been resolved automatically due to user's inactivity.