I too am having problems with Polaris and clause 4.2 at Hacienda Riquelme.
I have served notice to cancel the contract under clause 4.2 within the relevant 15 day period, and the legal department sent me a cancellation contract which I duly signed and returned with the bank guarantee.
I was then told by Customer Services that "management" had decided not to go through with any cancellations and that I could either wait until they decided to change their minds on that (if ever), or take legal action. Obviously Customer services were embarrassed by this shoddy decision.
As far as I can see(and I am an English lawyer) there is no legal justification for Polaris not paying my money back. Anyone with a similar experience but more importantly information as to how best to get Polaris to honour their legal commitment?
I do have a bank guarantee, but I am not sure how much comfort that is in the circumstances.
LC