Fedex : to dispute or not to dispute

sertav

Need some help.

Background info: needed to send a document to Lisbon quickly, and after checking rates I decided to go for Fedex’s so-called ‘International Priority’.

After being quoted £41.51 (inc VAT), I rang them in the morning of the 1st of Feb to arrange the pickup. I was given a delivery time of noon the next day (2nd of Feb).

The envelope was picked-up later that day and I informed Lisbon that the document was going to be there by noon the next day.

In the afternoon of the 2nd of Feb I get a call from Lisbon saying no document had been received(!!!) so I rang Fedex for tracking info and was told the envelope was still in… Paris!

Apparently, it missed the flight from Paris to Lisbon due to… cargo overload. The call centre operator (I didn’t write down her name… :mad:) told me that because the delivery deadline was going to be missed I should get a refund. Envelope would now be delivered by noon the 3rd of Feb.

Just after lunch, on the 3rd of September, I get another call from Lisbon saying that the document still hadn’t been received!!

Fearing the document could have been lost I rang Fedex again. They assured me the enveloped would be delivered that day and indeed it was, at 2.40pm (3rd of Feb). In other words, over 24h late!

I raised the issue of the refund (or, at the time, not being charged…) and I’m then told that because it had been a ‘delay beyond their control’ the money back guarantee wouldn’t apply and that I was going to be charged for it!

I asked what exactly they meant by “delay beyond their control”, and, according to their records, the pilot was sick! I politely protested that this was under their control but with no luck.

I then asked to speak to a supervisor and was told someone would ring me later. A couple of hours later I did get a call but nothing changed and was directed to Fedex’s T&C’s…

Now, the transaction just appeared on my credit card records (online). I’m seriously considering disputing the charge but would like to know if anyone here could give me a steer on how to proceed.

Any help would be highly appreciated!

Sertav

-=Mr-J=-

Reading through their T&C's regarding their 'Moneyback policy' they make no exclusion as to their inability to deliver. And the 'routing and delivery' section portrays that they will use all means possible, even reseving the right to use 'other couriers' to complete the transit.

Appalling service and CS response IMO.

sertav

-=Mr-J=- wrote:

Reading through their T&C's regarding their 'Moneyback policy' they make no exclusion as to their inability to deliver. And the 'routing and delivery' section portrays that they will use all means possible, even reseving the right to use 'other couriers' to complete the transit.

Appalling service and CS response IMO.

Could you mention which clauses you refer to?

Thanks!

webmasterpolo

If the Pilot is not their Pilot then its a bit tricky if their terms actually say they exclude matters beyond their control.

If the terms don't or it was their Pilot, they should refund a least some of the money as they breached the contract with you.

Did you suffer any financial loss from the delay? If you did maybe a small claims court case against them to reclaim.

All depends on the exact t+c they are using.

-Web

-=Mr-J=-

sertav wrote:

Could you mention which clauses you refer to?

Yes, sure.

Using the Benefits of the FedEx International Priority Service as a starting point, the first bullet point in the benefits list states 'On-time express parcel delivery or your money back*'. The star refers to a footnote exclusion of some territories. I could not find the list of excluded territories but would highly doubt Portugal as being an excluded territory as it is not challenging, geographically or politically to reach.

Looking at the Conditions of Carriage. Section 17 details the limitiations of the 'Money Back Guarantee Policy'.

The only force majeure type limitations listed are in regards to customs and excise delays, etc. nothing regarding their transit failures. Section 17.2 makes a point that only the delivery fee and not the transporatation costs can be refunded - I am unaware of the breakdown of costs, so don't know what % of your £41.51 this would represent.

Section 14 details the 'Routing & Delivery' conditions, with Section 14.1 containing their 'right to divert any Shipment (including use of other carriers) in order to facilitate its delivery'. Again, Section 14 makes no reference to their inability to deliver due to their handling failures, and IMO, Section 14 infers that they will make use of any and all means to accomplish their obligations.

Fedex seem to be relying on Section 19.4(d) Liabilities not assumed which relates to 'any events beyond the control of FedEx including but not limited to...', but as you have already stated to them, ensuring alternative arrangements are in place to cater for the event of employee sickness is completely in their control, and if not represents a systematic failure of their procedures.

Section 21.1 - Claims for Damage or Delay details that you should make your claim in respect of a delay, 'in writing', within 21 days of delay.

Hope this all helps.

Ignite

Send them a letter and tell them that you are giving them 7 days to send you a refund or you will start an online money claim through the courts service. You have a good case if there are terms in a contract that contadict each other. Most judges take a dim view of this.