Can emails = "notify in writing", if so, how and when?

ladbraz

Apologies if this has been queried before, but I did a search and turned up nothing, and this seemed the most relevant forum for the query.

So, can an email count as to "notify in writing", if so under what circumstances and with what requirements.

My own current circumstance with this issue was that of a damaged baggage claim. I considered it quicker to email as notification was required within 7 days. I used my name at the bottom of the email, received a response verifying receipt, and even a response from the airline addressing the issue, which had no mention that the means of communication was unsatisfactory, and indeed gave me the airline's agents email address as a suitable contact for progressing my query. Though I passed my query on to the airline's agent in good time (4 days after flying; 7 being the required period), I was advised that my delay in notifying them negated my claim, and that I ought to have stated the situation to the airline "in writing" as per their T+Cs.

For future benefit, I am concerned not only with my own current situation, but also more generally with the premise of email being able to function as "in writing".

I suppose the rule of thumb is don't take the chance, but it's something that seems quite difficult to find information on, and I am simply curious.

Equaliser123

Yep, I think you have complied with the terms and conditions. The fact that they have replied means that they have had notice of the claim.

The_Pedant

I would have thought that unless there is a specific definition of 'in writing' (or other similar clause) in the terms & conditions, that an email should be an adequate form of notice 'in writing'.

In many cases an email with your name on is considered to be a binding means of communication that can be equivalent to traditional 'writing'. The fact that you can authenticate yourself as the sender and that they have replied to the email removes all those annoying ambiguities that arise with proving the sender and receipt of the email.

Tell them you have already given notice 'in writing' in the form of an email. At the end of the day though, you could always pop a letter in the post too to confirm the email ... if they accept the email then you're sorted. If they don't, you can tell them to update their T&C to reflect this & to expect the letter within a day or two.

ladbraz

Thanks for the replies, sorry for the delay in thankage! I'm still chasing this and will update the details when I have them.

derrick

"If an e-mail is good enough for the DSR, (I know this is not Distance Selling, but hey it is legislation). then I cannot see why it is not good enough here.

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

"Durable medium is not defined in the DSRs. Our view is that it means a form in which information can be retained and reproduced but cannot be edited, such as an email that can be printed or a letter, fax or brochure that can be kept for future reference. We do not
consider that information on a website is durable as it can be changed at any time after the consumer has accessed it."

" From page 20; - What must my consumers do if they want to cancel?
3.26 They must tell you in writing, or in another durable medium, if they want to cancel. This includes letter, fax or email. A phone call is not enough unless you say in your terms and conditions that you will accept cancellations by phone."