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Cooling-off period in contracts

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1 Cooling-off period in contracts on Mon Mar 26, 2012 12:22 pm

Winterfire76


Arresto Menor
While on vacation at Boracay, we were invited to a free dinner with the clause that we have to stay for 90 mins to view a presentation by a local resort. Long story short, it was to sell timeshares by Club Astoria. The sales agent was very friendly, and we were sold to a lot of benefits, only they called it Holiday Ownership. My husband was sold to the idea, while I had second thoughts. Also, my husband wanted to avail of the "tonight only/limited offer" price. Before any contract was given to us, the sales agent asked my husband for the money so he can prepare the receipt. My husband gave it and they prepared the contract.

During the discussion of the contract, we did asked questions, but only to the extent we know. In fairness, our questions were answered. The Purchase Contract stipulated that during the cooling-off period of 15 days, cancellation was permitted with a non-refundable processing and legal fee of 20,000.00. We believed in the integrity of the company and thus signed the contract, since we wanted to go back to our hotel already (it was past 12 in the morning)

At the hotel, we reviewed the documents and searched the internet for materials regarding their tie up with RCI, and it's holiday exchange system. Imagine our surpise after reading a lot of negative comments regarding Club Astoria and RCI.

Upon return to Manila, I was able to donwload materials re RCI and holiday time-sharing over the internet. No material, such as brochure, or a contract, or a members's charter was given to us, or was made available in their website. I learned that not everything the sales agent told us was true (like all the member hotels are luxury, that we could exchange anytime etc). I emailed their customer service and asked for details, fine prints of contract, any material that will guide us in availing of our membership. But they said that we were given a members' charter...I looked again and found it. a one page document that doesnt even explain much of what was just orally discussed to us during their presentation.

We opted to cancel the purchase agreement and was told that under the New Owners' Declaration (charter) we agreed to the legal and processing fee.

I would like to demand the full refund. We feel that our rights as a consumer was violated when the full details of our membership was not explained to us. The sales agent said we should have asked questions during the presentation, but how could we ask more questions when we have limited knowledge of the basics?

I checked the Consumer Protection Act and I believe that there was unethical sales technique with the way they marketed their product. I was told to address my complaint to the DTI-NRC and SEC. I would like to seet advise first, if my complaint would merit attention or am I just banging my head against the wall in a futile attempt to stop this brand of marketing, which has been going on for years already.

Thank you,

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2 Re: Cooling-off period in contracts on Mon Mar 26, 2012 12:28 pm

Winterfire76


Arresto Menor
Winterfire76 wrote:The Purchase Contract stipulated that during the cooling-off period of 15 days, cancellation was permitted with a non-refundable processing and legal fee of 20,000.00.

If I may correct myself, the Cooling off period was not in the Purchase Contract, but in the New Owners' Declaration (which they call the members' charter)

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3 Re: Cooling-off period in contracts on Sat Mar 31, 2012 5:41 pm

attyLLL


moderator
in my opinion, your refund will not be upheld by the court because you were not forced into the contract, but that's just me.

the best legal remedy is to send a demand letter then a small claims case. rules on sc.judiciary.gov.ph


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4 Re: Cooling-off period in contracts on Thu Feb 07, 2013 5:32 pm

HTC_skid


Arresto Menor
Got a very close friend with a Related issue:

Opted to cancel purchase within the 15-day cool-off period. Downpayment was only 5k. The clause in the contract states:

"The Purchaser(s) may cancel the Agreement within fifteen (15) days and receive a refund of what he had paid for excluding the one-time, non-refundable Processing and Legal fee of Twenty Thousand Pesos (Php20,000.00). After this period, no refund, for/ of any amount of the Purchase Price already paid, shall be given by the Company, and/or will be received by the Purchaser(s)."

It is noteworthy that the contract is NOT Notarized.

1. Can they demand for payment of the 20k legal fees?

2. Can they file action against purchaser for breach of contract or for enforcement of contract?

Oh and there is a signed Promissory Note as well for payment of some fees pero NOT notarized also.

3. Can they file case i.e. collection suit based on the PN?

Thanks!

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