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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My son accidentally booked a holiday online because the website

Resolved Question:

My son accidentally booked a holiday online because the website did not make it clear he was clicking all the way through resulting in a booking. He was comparing several skiing holidays and with one company ended up being told he has to pay 40% of the booked holiday, around £1,000. He thought he was just getting a quote. Nothing came up as an order confirmation, he was not asked for a deposit in fact nothing happened at the time to indicate he had booked a holiday. He was sent an email with an invoice attached which he did not see or read as he was not looking for a holiday confirmation. He is a student trying to complete his masters so does not have this sort of money lying around. He also had NO idea he was confirming a booking. The company is based in Germany and does appear genuine but their website is misleading. They also waitied until he had gone into the next cancellation fee bracket before phoning him. What shall we do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have they refused to cancel please?

Alex Watts :

Just to be clear nowhere on the site did it make it clear that this was a firm booking?

Customer:

They will cancel IF he pays 40% of the cost of the holiday but refuse to accept this was a mistake.

Alex Watts :

I assume he has not entered any credit card information?

Customer:

There was a button marked firm booking at the bottom of a page where he had put all his details which he pressed. He thought this would be like booking flights or buying something on amazon where all the details he wanted would come up for him to confirm as he was trying to find out if the hiliday included flights.

Customer:

Noi he has not given any financial details

Alex Watts :

Do they know his address?

Customer:

Just checking

Customer:

yes they do

Alex Watts :

Ok. In their terms does it say that it can be cancelled etc?

Customer:

Yes it can be cancelled in writing to the holiday provider. TT is entitled to full cost reimbursment as long as the cancelation is not atributed to them and is the customer wanting to cancel ( paraphrased)

Alex Watts :

OK.

Alex Watts :

Clearly there is an issue here regarding jurisidction.

Alex Watts :

If this was in the UK then there would be an issue regarding terms, whether or not they were clear etc./

Alex Watts :

Indeed one could argue as this is where the contract concluded then UK law would apply.

Alex Watts :

This would make it so where something is onerous the more attention should be drawn to it - ie the fact it was a booking and not a quote.

Alex Watts :

He should therefore refuse to pay.

Alex Watts :

They could try and issue proceedings in the same format as a small claim in Germany, but he could defend it on the jurisdiction basis.

Alex Watts :

Then you are left with them having the option to issue proceedings in the UK.

Alex Watts :

I can not imagine they would as it can not be cost effective for them.

Alex Watts :

As such he should write saying he is not going to pay and that UK law applies as this is where the contract is concluded.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

can you explain in laymans term juristiction

Alex Watts :

Country of dispute

Customer:

also just to ne clear he will be refusing to pay because it was not clear when he pressed firm booking that this was actually going to purchase the holiday?

Alex Watts :

Yes.

Alex Watts :

The terms were not clear as they ought to have been

Customer:

Thank you very much.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Will do thank you

Alex Watts :

All the best

Customer:

In UK law regarding clarity of terms is there a clause or wording we should quote in the letter to the holiday company?

Alex Watts :

No, you dont need to worry too much.

Alex Watts :

Its called the 'Red Hand Rule'

Alex Watts :

Thats from the case of:

Alex Watts : J Spurling Ltd v Bradshaw
Alex Watts :

You can also quote:


The Unfair Terms in Consumer Contracts Regulations 1999
Alex Watts :

Does this help?

Customer:

do i need to explain the "red hand rule" or will it be suffice to mention it?

Alex Watts :

Just need to say the terms are not clear and they ought to be as per the red hand rule

Alex Watts :

Does this clarify matters?

Customer:

Yes that is great - is we think of anything else I assume we can contact you again as above?

Alex Watts :

I think that should do you.

Alex Watts :

Dont forget to leave feedback before you go today. All the best with this.

Customer:

Thanks Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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