Some time ago Barneydog posted the T&C's on this site and I am repeating them below. The Daily Excess 'defence' seems to be a standard one of (the promotions company says) 'Applicant is in breach of the T&C's'. And must show that they did comply with said T&C's. So far they have refused to state specifically which T&C's I have not met.
Can I ask the collective might of HT to have a look at these with any suggestions or help for those taking legal action. Also are these the complete T&C's and were they ever modified at any stage?
As I see it if you got an Allocation Letter, then you must have complied up to condition {9}. After {9} all the T&C's seem procedural and describe the process that the promoter should have followed (but did not)!
This surely can't have any chance of standing up in court can it? Am I missing something?
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[Nos {1 - 4} are instructions re token collection by the reader, so haven't reproduced them]
{5} Applications must be received at the named address no later than July 2 2004. There is no limit to the amount of applications per household but strictly one application per envelope, per person/booking. Applications who wish to travel together may not be offered the same cruise. destination or the same date.
{6} Only original differently numbered tokens may be used. No responsibility will be accepted for illegible applications or those lost in the post. Proof of posting is not proof of receipt. Applications sent in without a SAE or received after the closing date will not be processed.
{7} You will be required to prioritise your months of travel in order of preference. Every effort will be made to allocate one of your preferred dates, but there is no guarantee of this. You may be offered alternative destinations and/or dates. You are advised to be flexible in your requirements as many cruises travel only at certain times of the year and particular destinations and dates can have limited availability.
{8} You will be offered the option to upgrade into a different type of cabin and, with some destinations, to extend your cruise.
{9} Following receipt of your application form, you will receive a confirmation letter from Rise Travel by August 2 2004, which details your allocated cruise. This will be valid for a specified travel period and will include a travel voucher. This voucher must be completed and returned no later than 10 days from its receipt. Please note that your first preferred date of travel must be 45 days after the date your voucher is received by Rise Travel. Your voucher will then be checked and you will be contacted within 31 days to confirm your application details and proceed with your booking. Do not contact Express Newspapers as the bookings are handled only Rise Travel.
{10} Flights are included with Option 1 and Option 3. Travel to the cruise departure points is not included with Option 2, but you can purchase flights from Rise Travel at competitive rates. However there is no obligation to do so. Flight departures for all three options will be available from London Heathrow/Gatwick, Manchester and Glasgow/Prestwick. Regional departures will be available where applicable and will incur a supplement. Readers in Ireland may pay a supplement of £60 per person for air travel from Dublin/Belfast to London.
{11} Readers are responsible for ensuring they have a full and valid passport and for arranging and paying for any necessary visas.
{12} As with all cruise holidays, there are fewer single cabins than double cabins available per cruise, but as long as you are prepared to be flexible with your dates of travel, MKM/Rise Travel will honour all bookings.
{13} Rise Travel will contact you regarding your booking between August 3 2004 and October 31 2004 inclusive. Travel must be made between September 1 2004 and May 30 2005 inclusive. MKM and Rise Travel may extend this travel period in order to meet demand. All bookings are subject to availability in respect of readers' preferred travel dates. Travel during the Christmas, New Year and all Bank Holiday periods is excluded. Some destinations have special events at certain times of the year and travel during these periods may be limited. Some sailings are at specified times of the year only. A Saturday night stay for all travel is required.
{14} All readers booking Option 1 will be charged £10. All payments may be made by debit or credit card. Credit card payments incur a two percent charge.
{15} Travel vouchers and bookings are issued by our designated booking agent, Rise Travel (IATA 91271795 and ATOL 5611).
{16} Rise Travel reserves the right to offer additional cruise itineraries and destinations as appropriate.
{17} MKM/Rise Travel reserves the right to use cruise operators and airlines of their choice. Cruise operators used (but not limited to) are Royal Caribbean, Norwegian Cruise Lines, MSC, Costa Cruises, Marco Polo and Thomson Cruise Lines. Rise Travel may offer additional cruise itineraries and destinations as appropriate.
{18} In the unlikely event of limited availability for the stated offers, all qualifying readers will be offered cruises or flights of equal or greater value to the offers stated.
{19} No cancellations or amendments are possible after confirmation of booking.
{20} Usual terms and conditions of special fare IATA tickets apply to any flight booking. A copy of these may be required by writing to MKM at Nelson House, Park Road, Timperley, Altrincham WA14 5AB.
{21} Insurance is essential for travellers' own peace of mind and protection. Rise Travel will be pleased to assist with your requirements and optional comprehensive travel insurance is available from as little as £4.25 per day. Simply tick the box on the application form and Rise Travel will advise of the best available rates. If you opt to arrange your own insurance, details of valid/adequate insurance must be supplied at time of booking confirmation or an indemnity form sighed and returned.
{22} There is no cash alternative to any of the offers and vouchers are not transferable and cannot be resold or used with other tokens/promotions.
{23} The Promoter, MKM and Rise Travel, cannot be held responsible for any alterations to flight schedules, cruise schedules, route and suppliers. We reserve the right to withdraw these offers without notice.
{24} The promotion is administered on behalf of the Promoter, Express Newspapers, Ludgate House, 245 Blackfriars Road, London, SE1 9UX by MKM Marketing and Promotions Ltd, Nelson House, Park Road, Timperley, Altricham WA14 5AB.
** Edit to remove the name of the promoter, unless that name was stated in the T&C's. luci **
***These are the published T&C's printed in the DE at the time of the promotion and are therefore a matter of fact and within the public domain*** Wallecan 5.02.07