What deadline you have, how to request cancellation, and what to do if the provider won’t return your money
You came to Mexico on vacation. During your stay in the Riviera Maya, someone invited you to visit a resort, attend a presentation, or receive some perk in exchange for listening to a pitch.
What seemed like it would take a few minutes turned into a long sales presentation.
After several explanations, discounts, and promotions, you signed a timeshare contract.
At first, it seemed like a good decision.
But when you got back to your hotel — or even after you returned home — you started having doubts and asking yourself:
Can I cancel the contract?
The answer may be yes, but time matters.
What is a timeshare?
A timeshare is a service that lets the consumer use certain accommodations or tourist facilities for set periods, usually in exchange for an initial payment and later fees.
It shouldn’t necessarily be confused with buying a property in the traditional sense. What you acquired depends on the rights and obligations laid out in the contract.
So before trying to cancel, it’s a good idea to have a complete copy of the document you signed and to know exactly what you contracted for.
How long do you have to cancel?
Mexican law sets a specific deadline for canceling a timeshare contract without the consumer losing the payments they’ve already made.
In Mexico, there are rules called Official Mexican Standards, which are mandatory provisions that regulate different products and services to protect the people who contract them. One of them deals specifically with timeshares: NOM-029-SE-2021, which sets information requirements for providing timeshare services. This rule states that the contract must include a cancellation period of at least five business days, counted from the business day after the contract is signed.
The Federal Consumer Protection Agency (PROFECO), the Mexican authority in charge of protecting consumer rights, also points out that consumers can cancel within those five business days.
So if you just signed and you’re thinking about canceling, it’s best not to wait.
The deadline should be reviewed carefully, taking into account the exact signing date and the circumstances of the transaction.
How do you request cancellation?
Cancellation must be done according to the procedure set out in the contract and in the applicable rules.
NOM-029-SE-2021 provides that the contract must establish the corresponding procedure and states that, when cancellation is done by certified or registered mail or through a courier service, the cancellation date is considered to be the date of receipt for mailing that appears on the post office’s postmark.
So it’s not enough to verbally tell the salesperson you no longer want the timeshare.
It’s important to leave a record of the cancellation.
Before sending it, review the contract to identify:
– the address or means designated for receiving the cancellation;
– the provider’s name and legal business name;
– the contract number or reference;
– any specific requirements established for the request.
And keep evidence that the cancellation was sent and received.
What documents should you keep?
If you’re going to cancel a timeshare, keep a copy of everything related to the transaction.
For example:
– the complete contract and annexes;
– payment receipts;
– receipts;
– emails;
– WhatsApp messages;
– advertising or information you were given during the presentation;
– the cancellation request;
– proof of mailing;
– confirmation of receipt;
– any response from the provider.
This can be especially important when you’re a foreigner and you’ve already returned to your country.
What happens to the money you already paid?
When cancellation is done within the corresponding deadline, NOM-029-SE-2021 states that the refund of the total initial investment must be made, at the latest, within fifteen business days following notification of the cancellation to the provider or intermediary. The same rule provides for additional late-payment interest if the provider fails to make that refund within the established deadline.
That’s why keeping evidence of the date you notified the cancellation is essential.
What happens if the provider doesn’t accept the cancellation?
Just because a company tells you it can’t cancel the contract doesn’t necessarily mean that’s the end of it.
If you believe the provider isn’t respecting your rights as a consumer, you can go to PROFECO, which has mechanisms to handle disputes between consumers and providers.
PROFECO also recommends verifying that the provider has its adhesion contract registered, and points out that, in the event of a breach and no response, the consumer can file a complaint with that authority.
In certain cases, however, it may be necessary to look into other legal options depending on the contract and the circumstances of the transaction.
What if the five days have already passed?
This is an important point.
The fact that the initial cancellation period has passed doesn’t automatically mean that any problem with the contract has no solution.
But it also doesn’t mean you can cancel at any time under the same conditions.
After the established cancellation period, the contract itself may provide for certain consequences or agreed penalties. PROFECO warns that, once the five business days have passed, the provider may apply the penalties established in the contract.
So if the deadline has passed, it’s advisable to specifically review:
– what contract you signed;
– what obligations you took on;
– what payments you’ve made;
– what the contract says about termination;
– and whether there’s any other circumstance that could affect the validity or performance of the transaction.
Do you need to go back to Mexico to resolve this?
Not necessarily.
If you’ve already returned to your country, you can start by gathering your documents and seeking guidance on your situation.
In many cases, the first step isn’t to travel back to Mexico, but to figure out what rights you have, what deadline applies, and the right way to exercise them.
When there’s a dispute that requires the intervention of an authority or a legal process, the specific circumstances and the appropriate path will need to be analyzed.
The most important thing: act fast
A timeshare contract can represent a significant financial commitment.
If you just signed one during your vacation in Mexico and now you have doubts, don’t let the days go by waiting to decide what to do.
Review the contract.
Identify the signing date.
Check the cancellation procedure.
Document your request.
And keep all the evidence.
When it comes to canceling a timeshare, when you act can be just as important as how you do it.
Do you need to review a timeshare contract?
At Anaya Legal Playa, we provide legal guidance to foreigners who have problems related to contracts and services acquired in Mexico, including transactions made in tourist destinations in the Riviera Maya and Quintana Roo.
An initial review can help you understand what you signed, what options exist, and what next steps you might consider.
This article is for informational purposes and does not constitute legal advice. The possibility of canceling a contract and the consequences of doing so depend on the specific circumstances of each transaction and the corresponding documents.