Whilst I can understand your frustration Toxopholus, different laws apply to the purchase of different goods and services. The 'cooling off period' which you set so much store by only applies to certain clearly defined transactions and holiday purchase does not fall within these.
And it's not up to a travel agent to either apply or evade 'reasonable' consumer rights. They are simply salespersons either linked to a particular tour company or operator or independent, and are there to make money.
In holiday purchases as with anything else CAVEAT EMPTOR .. let the buyer beware. If you are spending a lot of money do your research before you buy. You have a responsibility to know what you are doing and if you don't know what you are doing do your research before you hand over the dosh.
It is NOT the TO or TA's responsibility to educate you in your rights. If you are old enough to sign a contract for a holiday - which is usually a sign that you are 18 years old or more - then you are considered to be an adult. And this implies that you are an adult in terms of taking personal responsibility for the decision to sign the contract and all that the contract includes.
I know that this reply won't solve your problems nor give you what you were hoping or wanting to hear. Sorry.
And the more we are informed on sites like these, the less likely we are to be caught in underhand tactics. Which after all is the aim of this site. Don't you agree?
'Permissum qui es edoctus caveo'
Don't waste my time with non-existent dog latin.
This site will educate those who ask the right questions to begin with, or who have come a cropper through not being aware of what they are signing.
If you want to question or confirm the 'remit' of Holiday Truths might I invite you to peruse the Terms and Conditions of this site.
Or, if you want to quote Roger Ascham, known as Toxophilus (1515-1568) whose treatise of 1544 on Archery is a classic work amongst archers and bowmen, To speak as the common people do, to think as wise men do, is style.
The fact that you have been informed after the event is no fault of any of the members here. If you had searched the site before signing the contract, or asked on here, you would have been advised of your rights.
luci
My aim (pardon the pun) is simply to make more people aware that travel agents and OTB in particular are not keen for this law about no 'cooling off period' to be known, but thanks to you and our discourse it has started. Don't you think?
It is no different than buying a car from a private owner or buying a house. As with holidays "buyer beware" applies. It is not something that you learn in school but something that is gained through life experience.
http://www.abta.com/consumer-services/frequently_asked_questions_consumer#cancellations
it will answer all your questions.
Mark
Cancellation Charges
Where the cancellation is within 3 months of travel you will lose all monies you have paid. Where the cancellation is outside of 3 months of travel you will lose any deposit paid plus any additional cancellation charges levied by the suppliers that are not covered within the deposit a further service charge of £30pp will apply to cancel your booking.
It does help to read the Ts and Cs before clicking the submit button too
Mark
Perhaps you would prefer: 'Permissum buyer existo conscius' which means 'Let the buyer be aware'.
No I wouldn't. Stick to language that hits the target. I don't think arrows can be fired with spin on them.
Quote:
Perhaps you would prefer: 'Permissum buyer existo conscius' which means 'Let the buyer be aware'.
No I wouldn't. Stick to language that hits the target. I don't think arrows can be fired with spin on them.
It does help to read the Ts and Cs before clicking the submit button too
The second quote also applies to postings here on HT.
10. All posts must be written in English.
We reserve the right to remove posts written in other languages.
fwh
OTB may well not be the best when things go wrong but many people still use them because their prices are usually very good and not everyone has had a bad experience with them(myself included).
Still, just to remind you that Travel agents (of which On The Beach.com, happens to be one), are exceptions in an otherwise reasonable law which allows the consumer 7 days to consider an on-line purchase. So I am notifying as many people as possible that you don't get a cooling off period, which is not in the terms and conditions. You should check who you are buying from (certainly not from On The Beach or OTB) is a good course of action.
http://www.businesslink.gov.uk/bdotg/action/detail?r.s=m&r.l1=1073861169&r.lc=en&r.l3=1074033669&r.l2=1079589261&type=RESOURCES&itemId=1073792577%20%20
http://www.businesslink.gov.uk Distance selling and online trading information
Cooling-off period and cancellations
Some exceptions to the right to cancel. Consumers can't cancel if the contract is for:
"¢accommodation, transport, catering or leisure services
"¢package travel and timeshare arrangements
"¢food, drinks or other goods delivered regularly to the consumer's home or workplace by a 'regular roundsman' such as a milkman or domestic oil supplier
"¢goods made to the customer's specification
"¢goods that are perishable or can't be returned, such as frozen food and fresh flowers
"¢audio or video recordings or computer software that the consumer has opened
"¢newspapers or magazines
"¢betting, gaming and lotteries
"¢premium-rate telephone and website services
"¢services that begin, by agreement, before the end of the cooling-off period
http://www.businesslink.gov.uk Distance selling and online trading information
Cooling-off period and cancellations
Some exceptions to the right to cancel. Consumers can't cancel if the contract is for:
"¢accommodation, transport, catering or leisure services
"¢package travel and timeshare arrangements
"¢food, drinks or other goods delivered regularly to the consumer's home or workplace by a 'regular roundsman' such as a milkman or domestic oil supplier
"¢goods made to the customer's specification
"¢goods that are perishable or can't be returned, such as frozen food and fresh flowers
"¢audio or video recordings or computer software that the consumer has opened
"¢newspapers or magazines
"¢betting, gaming and lotteries
"¢premium-rate telephone and website services
"¢services that begin, by agreement, before the end of the cooling-off period
We do seem to live in a society where people think that they do not need to bother - and that is when the problems start.
I have been reading of the girl who fell off the balcony and has broken here back. They did not have insurance and assumed the EHIC would cover them. Well it was a last minute thing. Of course when she needed to be repatriated by air ambulance the EHIC does not cover it.
Reading the T&Cs would have told them they did need it. And that is just one of the stories - another report I read was about the number of people who are taking part in adventurous activities on holiday and finding their insurance does not cover them when things go wrong.
Read the complaints here on HT and many would never have been a complaint if they had read the T&Cs.
This site is a mine of information if people only take a little time to browse it and I am sure there are many many people who have never needed to make a complaint because of the advice and help available here.
I was told many years ago never make assumptions always check and then check again.
fwh
Thank you both, very useful. So Aliceadventures, that is a full list of exceptions to the on-line buying laws. I never knew that! I am sure lots of other readers will be interested as well. We are doing our bit for consumer knowledge aren't we?
Travel & Medical Insurance
For reasons ranging apathy to ignorance, many travel abroad without it.
Holiday companies are not required to offer holiday insurance as part of your holiday (don't assume it is part of your holiday). Some Tour Ops and Travel Agents (Travel Firms) sell it - as of 1 January 2009, all Travel Firms selling insurance have to be regulated by the FSA (Financial Ombudsman Service). Others who are not regulated by the FSA can make a recommendation & a referal, but legally they can not sell it if they are not regulated to sell connected travel insurance to the public. Get the right policy.
http://www.travelinsuranceguide.org.uk/policy-types.html
Online - don't just click on the pre-tick box for insurance
The policy may not be suitable for you, in which case you will not be covered when you need to make a claim http://www.fsa.gov.uk/smallfirms/your_firm_type/travel/tcf.shtml
EHIC card European Health Insurance card
The modern day equivalent of the old E111. On the link below you will find at a glance details of what you can expect to be charged and what you can reclaim in each of the countries covered by the EHIC card. You must take your card with you when you travel - check the destinations.
http://www.travelinsuranceguide.org.uk/ehic.html
Mods - please use these links in Holiday Advice if you wish to. All topics are locked off in there.
Alice
Thanks Alice. I for one found the links very helpful.
Excellent, so now that we've established the importance of insurance. We can get back to the notion that travel agents (including OTBeach) can include the fact that there is no 7 day cooling-off period in the terms and conditions. This would certainly make a difference when some people consider buying on-line.
We can get back to the notion that travel agents (including OTBeach) can include the fact that there is no 7 day cooling-off period in the terms and conditions. This would certainly make a difference when some people consider buying on-line.
Your point has already been made and duly noted by those who read this site. It is now up to those adults who sign contracts to be responsible enough to know what they are signing. It is not up to the person offering the contract to 'nanny' those signing it. If you are old enough to sign a contract, you are old enough to be able to read it, and ask questions if you don't understand what you are reading BEFORE you sign it.
You cannot educate those who know best.
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