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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Am I correct that an unfair contract is not enforceable? Am

Customer Question

Am I correct that an unfair contract is not enforceable?
Am I correct that a contract that does not allow restocking. is an unfair contract?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No. A term that offends against UCTA would be struck down. It is very unlikely that the entire contract would be void.
This is not an unfair contract in any event. The term might offend but that is just misworded. The court would fall back upon the general law which is that they can claim for the sum of their loss and no more. If they have suffered loss then they can claim for it. It might be that they have. It might be that they have booked the event and cannot sell it to another. In that case, they can claim the full amount.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

This company has a full sales programme, they are running at or near to capacity. The damages to them of my wishing to vacate the contract cannot exceed 10% of the contract sum, in that so far they have expended booking time in person only at their offices. I.e I am offering them £100 for the service of booking and returning my money. I see that as reasonable and with the same enforceable.

Expert:  Jo C. replied 1 year ago.
Well, it depends if they can sell that event to another. If not, you are liable.
Customer: replied 1 year ago.

Ok thank you for your help.

Regards

Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 70004
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Jo.

Thank you for your invitation to ask further on this subject.

The contract was to sky dive. The contract included a clause "no money back / no cancelation". Contract value £1076. We attended the weather was poor the flight was cancelled, to be rebooked. I am unable to rebook for personal reasons.

I have been offered an extended rebooking period of up to a year, I have been offered transfer if tickets (four at £25 ea).

I want my money back, I wish to vacate the contract. I am offering the supplier 10% of the contract sum by way of restocking / damages for vacating the contract.

I propose to go to small claims to get my money (90%) back.

May I ask if you see this as reasonable and whether I should expect success in the small claims court?

Regards

Donovan

Expert:  Jo C. replied 1 year ago.
Well, it is as I have said really. If they were able to sell to another then you do have a claim. If not you do not. That is the issue upon which this turns.
Customer: replied 1 year ago.

They have a full sales operation, that is able to satisfy the capacity they are able to offer. When I booked the space they put on an extra flight to take us up because they did not have enough slots in their regular flights.

Thank you for your assistance and pointing out the details of my claim.

Expert:  Jo C. replied 1 year ago.
No problem.

All the best.

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