Will pre-paid mispriced hotel room be honoured?

JamieT1977

I do know it, but you asked for proof. So proof you are getting
Sadly I can not fax my brain/thoughts etc to the screen so I need to type things out here, post links to info etc

JamieT1977

Misleading Commercial Practices: Unfair Trading Regulations 2008
The practice of incorrect or misleading descriptions, statements, marketing and pricing was made unlawful under the both the Consumer Protection Act and the Trade Descriptions Act. This legislation has now been replaced in large part by the Consumer Protection from Unfair Trading Regulations 2008. The regulations outlaw three specific practices:

• Misleading actions.
• Misleading omissions
• Aggressive sales tactics.

1. Misleading Action

If false or inaccurate information has been used in relation to a product or a service, and this information has induced you into a purchase you would not have otherwise made, you can claim that the action was misleading. It also covers assertions made about the company selling to you. If, for example, the company makes untrue claims to have certain qualifications, or that they are members of an approved trade organisation, this is a misleading action. This is also the case if they claim to adhere to a code of practice which they then do not follow.
2. Misleading Omissions

The problem may be not what is stated but what is not. Therefore if information is omitted or hidden, presented in an unclear, unintelligible or ambiguous way, or given too late to the consumer, then it can be found to be misleading and in breach of the regulations.
Companies are required by law to include certain information about themselves , about performance of their contractual obligations, or in relation to consumer rights where there is a cooling off period. If they do not, then this is also misleading.
Incorrect Pricing
Incorrect or misleading pricing information is a common cause for complaint and is covered in these regulations.
Firstly, you should be clear that shops are not legally obliged to sell you their products and reserve the right not to do so if they wish. This means that if you pick up something which is wrongly priced, you do not have a right to buy it at that price. Having said this however, it is still unlawful for shops and suppliers to display an item at a price which is different to the price requested at the point of sale. Exceptions to this are obvious mistakes where, for example, a TV is priced at £8.99 instead of £899.00. An action is also misleading if it includes the manner in which the price is calculated and whether the item is being marketed as ‘discount’ or ‘for a limited time only’ – when in fact it is not.
Where the price given does not include taxes, delivery charges or any additional surcharges such as handling or admin fees, this is considered to be a misleading omission.
3. Aggressive Sales Tactics

When buying an electrical product we are frequently confronted with the option to buy additional insurance policies in the form of extended warranties. Sales staff can get generous commission for convincing us to part with more cash through the sale of these policies and this has led to aggressive sales tactics. The regulations aim to stamp out such practices if they are considered to impair your freedom of choice or limit your ability to make an informed decision. This includes harassment, coercion, persistence, threatening or abusive language, exploitation of misfortune or specific circumstances. It also includes retailers’ standing in the way of your contractual or consumer right to terminate a contract or switch to another product. However you must also prove that the way you were treated led you to make a purchase decision you would not otherwise have made.
Taking action against retailers

The regulations referred to here are within the scope of criminal law. What this means for the consumer is that you cannot take direct action against retailers if you find them to be in breach of any of the above. Instead, you would need to report the matter to the enforcement authorities (Trading Standards), who will investigate, and perhaps even prosecute. A prosecution would not be carried out on the consumer’s behalf but on the state’s behalf, and so you will not yield any personal benefit from this process (unless perhaps a feeling of satisfaction!).This is not to say that you cannot threaten to inform the authorities if they do not resolve the situation to your satisfaction within a reasonable time period.

dmg24

JamieT1977 wrote: »

I do know it, but you asked for proof. So proof you are getting
Sadly I can not fax my brain/thoughts etc to the screen so I need to type things out here, post links to info etc

But surely you know which statutory provision you are referring to, and the relevant section?

Can you clarify also why you stated that TS/ the OFT would back up your opinion, yet their consumer website actually states the opposite of what you believe to be fact?

It is ok to be wrong. MSE is all about learning new things!

JamieT1977

misplaced the source of this, will edit this post when i find it........

[FONT=&quot]When there is a mistake in how goods are priced in a shop the shop does not have to sell you the goods at the wrong price. They are within their rights to refuse to sell you the goods and to withdraw them from sale until they have priced them correctly. You cannot insist on buying them at the lower / wrong price. However if a shop tries to charge you more for goods than the displayed price then the shop might be giving a misleading price indication which is a criminal offence. If you are not happy with the shop’s explanation you could contact Trading Standards to see if they would investigate your complaint.

[/FONT]

JamieT1977

Q: When I went to buy a television the price in the shop was £50 higher than the price they had advertised in the local newspaper. Can I go back and insist they sell it to me at the lower price?
A: No. Consumers cannot insist that any trader sells them goods at any particular price. A trader may refuse to sell anything to anyone. However it is an offence for traders to give misleading price indications like this and you should report it to Consumer Protection.
Taken from TS (so it is legal binding, but as a consumer you can not demand it at the lower price, instead reporting it to TS or CP who will take action)(Though this question does relate to a period after the contract of agreement has taken place

dmg24

JamieT1977 wrote: »

Misleading Commercial Practices: Unfair Trading Regulations 2008
The practice of incorrect or misleading descriptions, statements, marketing and pricing was made unlawful under the both the Consumer Protection Act and the Trade Descriptions Act. This legislation has now been replaced in large part by the Consumer Protection from Unfair Trading Regulations 2008. The regulations outlaw three specific practices:

• Misleading actions.
• Misleading omissions
• Aggressive sales tactics.

1. Misleading Action

If false or inaccurate information has been used in relation to a product or a service, and this information has induced you into a purchase you would not have otherwise made, you can claim that the action was misleading. It also covers assertions made about the company selling to you. If, for example, the company makes untrue claims to have certain qualifications, or that they are members of an approved trade organisation, this is a misleading action. This is also the case if they claim to adhere to a code of practice which they then do not follow.
2. Misleading Omissions

The problem may be not what is stated but what is not. Therefore if information is omitted or hidden, presented in an unclear, unintelligible or ambiguous way, or given too late to the consumer, then it can be found to be misleading and in breach of the regulations.
Companies are required by law to include certain information about themselves , about performance of their contractual obligations, or in relation to consumer rights where there is a cooling off period. If they do not, then this is also misleading.
Incorrect Pricing
Incorrect or misleading pricing information is a common cause for complaint and is covered in these regulations.
Firstly, you should be clear that shops are not legally obliged to sell you their products and reserve the right not to do so if they wish. This means that if you pick up something which is wrongly priced, you do not have a right to buy it at that price. Having said this however, it is still unlawful for shops and suppliers to display an item at a price which is different to the price requested at the point of sale. Exceptions to this are obvious mistakes where, for example, a TV is priced at £8.99 instead of £899.00. An action is also misleading if it includes the manner in which the price is calculated and whether the item is being marketed as ‘discount’ or ‘for a limited time only’ – when in fact it is not.
Where the price given does not include taxes, delivery charges or any additional surcharges such as handling or admin fees, this is considered to be a misleading omission.
3. Aggressive Sales Tactics

When buying an electrical product we are frequently confronted with the option to buy additional insurance policies in the form of extended warranties. Sales staff can get generous commission for convincing us to part with more cash through the sale of these policies and this has led to aggressive sales tactics. The regulations aim to stamp out such practices if they are considered to impair your freedom of choice or limit your ability to make an informed decision. This includes harassment, coercion, persistence, threatening or abusive language, exploitation of misfortune or specific circumstances. It also includes retailers’ standing in the way of your contractual or consumer right to terminate a contract or switch to another product. However you must also prove that the way you were treated led you to make a purchase decision you would not otherwise have made.
Taking action against retailers

The regulations referred to here are within the scope of criminal law. What this means for the consumer is that you cannot take direct action against retailers if you find them to be in breach of any of the above. Instead, you would need to report the matter to the enforcement authorities (Trading Standards), who will investigate, and perhaps even prosecute. A prosecution would not be carried out on the consumer’s behalf but on the state’s behalf, and so you will not yield any personal benefit from this process (unless perhaps a feeling of satisfaction!).This is not to say that you cannot threaten to inform the authorities if they do not resolve the situation to your satisfaction within a reasonable time period.

You are making yourself look silly now.

The above gives no rights to the consumer, as I stated earlier. It does not oblige the retailer to sell the item at a particular price, nor does it oblige a retailer to fulfil a contract.

Do you actually have any relevant legislation?

JamieT1977

see section 8

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_2#pt2-pb4-l1g8

dmg24

JamieT1977 wrote: »

Q: When I went to buy a television the price in the shop was £50 higher than the price they had advertised in the local newspaper. Can I go back and insist they sell it to me at the lower price?
A: No. Consumers cannot insist that any trader sells them goods at any particular price. A trader may refuse to sell anything to anyone. However it is an offence for traders to give misleading price indications like this and you should report it to Consumer Protection.
Taken from TS (so it is legal binding, but as a consumer you can not demand it at the lower price, instead reporting it to TS or CP who will take action)(Though this question does relate to a period after the contract of agreement has taken place

None of this backs up your viewpoint. In fact, it contradicts it!

JamieT1977

Did I say it was consumer rights in my example????????????? NO I said it is legally binding, which it is because its a criminal offence

dmg24

JamieT1977 wrote: »

see section 8

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_2#pt2-pb4-l1g8

8 Ascertainment of price
(1)The price in a contract of sale may be fixed by the contract, or may be left to be fixed in a manner agreed by the contract, or may be determined by the course of dealing between the parties.
(2)Where the price is not determined as mentioned in sub-section (1) above the buyer must pay a reasonable price.
(3)What is a reasonable price is a question of fact dependent on the circumstances of each particular case.

Now you are just Googling 'incorrect price'. Again, s. 8 has no relevance!

I really don't think that you understand what you are posting. Can I suggest that you contact Consumer Direct tomorrow, and talk through your theories with them?