Are online sales companies allowed to pre-complete tick boxes to order extra services

jacx_2

Hi
I've just bought tickets with a well known online ticket agency. I've used them hundreds of times before but they have recently started offering "cancellation protection" on all purchases. When I say "offering" they actually make you opt out of buying it rather than opting in, as the tick box is already filled in as a "yes" for buying it.

I'm normally on the ball with making sure I opt out in such cases, but this morning I missed it and have ended up paying for this protection which I don't want. It's only £3 for 2 tickets, but it just annoys me - it's the principle of the matter, why should I have to make a point of opting out?

Does anyone know if it's actually legal for such companies to use this ploy, rather than giving customers the option to opt in to by extras?

Thanks in advance.

Meepster

Yes, they are...

Freddie_Snowbits

I thought in the UK, you had to 'Opt-In' for extra services and emails. Still, thanks for the warning, I am sure that when Freda orders her next dress for the ball, I shall go over her, oooops the website with a toothcomb so fine, the nits would not dare to look.

xocbc

The opt-in is for data protection/junk mail etc.

What the OP is talking about is automatically adding chargable items to your basket.

For example, PC World used to (not sure if they still do) add Norton to your basket if you ordered a computer, if you don't notice, you end up buying it by accident.

jacx_2

Thanks for your replies, I thought I'd read somewhere about there being a law against it fairly recently, but looking into it further, it seems that was a European regulation that applies only to booking flights. -

"Optional price supplements shall be communicated in a clear, transparent and unambiguous way at the start of any booking process and their acceptance by the customer shall be on an opt-in basis".

There should be a law against it for all online sales in my opinion. It's a sneaky method of getting people to purchase extra items - particuarly for tickets when for popular events you have to get them booked and paid for asap. And I could be wrong, but I'm pretty sure that this particular company had an opt in tick box when they first started offering cancellation protection, as I don't remember having to opt out when I last booked with them a few weeks ago.

moonrakerz

jacx wrote: »

European regulation that applies only to booking flights. -

"Optional price supplements shall be communicated in a clear, transparent and unambiguous way at the start of any booking process and their acceptance by the customer shall be on an opt-in basis".

There might be a European Directive - but that doesn't mean it is Law in the UK.

jacx_2

moonrakerz wrote: »

There might be a European Directive - but that doesn't mean it is Law in the UK.

I wasn't saying that it was - I simply quoted that to show what I had remembered reading about previously.

unholyangel

jacx wrote: »

I wasn't saying that it was - I simply quoted that to show what I had remembered reading about previously.

I think moonrakerz may have been referring to you calling it a EU regulation - which means it would have become law in the UK as opposed to a directive which does not have to be implemented as long as the general result is acheived. More guidelines than regulations really.

jacx_2

unholyangel wrote: »

I think moonrakerz may have been referring to you calling it a EU regulation - which means it would have become law in the UK as opposed to a directive which does not have to be implemented as long as the general result is acheived. More guidelines than regulations really.

[FONT=Arial, Helvetica, sans-serif]Whether or not it's a law/regulation/directive isn't really relevant to my original post, as it applies specifically to flights, not online purchases in general. I quoted it because it's what I had vaguely remembered reading about when I thought the practice in general might be illegal - and I thought that other people, such as Freddie_Snowbits, might also have been thinking of the same thing. I was expressing my opinion that there should be a law against having to opt out of extras for all online sales.

Actually though, with regard to flights, it is a regulation -

"The new Regulation, which was adopted by co-decision procedure, lays down common rules for the operation of air transport services in the Community (recast) (Regulation of the European Parliament and of the Council No 1008/08 of 24 September 2008, OJ L 239, 31 October 2008) and is a substantial improvement on the present legislation (the ‘third air package).
1. How does the regulation improve consumer protection?
The new regulation provides for non-discriminatory and transparent pricing of air services.

• It bans price discrimination on the basis of the place of residence or the nationality of the customer or the place of establishment of the travel agent. In practical terms, this means that for the same product – i.e. the same seat on the same flight booked at the same moment – there should be no price differences based on the place of residence or the nationality of the passenger. In the past, such differences have often been observed on airlines’ websites where residents of one Member State had to book on the country-specific website of the airline and where prices could be different (the place of residence of the passenger was established via the consumer’s credit card number).
• Price transparency is improved by clarifying that the final price to be understood all applicable fares, charges, taxes and fees included. It avoids that airlines mislead consumers by advertising prices exclusive of taxes, charges and fees that are only added at the moment of booking. The breakdown between air fare or rate, the taxes, the airport charges and the other charges, surcharges or fees shall also be specified. Optional price supplements shall be communicated in a clear, transparent and unambiguous way at the start of any booking process and their acceptance by the customer shall be on an "opt-in" basis".

[/FONT]

isplumm

jacx wrote: »

Thanks for your replies, I thought I'd read somewhere about there being a law against it fairly recently, but looking into it further, it seems that was a European regulation that applies only to booking flights. -

"Optional price supplements shall be communicated in a clear, transparent and unambiguous way at the start of any booking process and their acceptance by the customer shall be on an opt-in basis".

There should be a law against it for all online sales in my opinion. It's a sneaky method of getting people to purchase extra items - particuarly for tickets when for popular events you have to get them booked and paid for asap. And I could be wrong, but I'm pretty sure that this particular company had an opt in tick box when they first started offering cancellation protection, as I don't remember having to opt out when I last booked with them a few weeks ago.

Hi,

Just about to write that Easyjet don't do this - that they automatically add insurance & you have to untick - but then thought, better check - low & behold it has changed, so you have to opt in - which is much better.

But then I remembered Flybe - they automatically add the bags in - so they assign 1 bag per person per sector @ a cost of £9.99 per sector per person!! Sneeky.

Mark

isplumm

jacx wrote: »

[FONT=Arial, Helvetica, sans-serif]1. How does the regulation improve consumer protection?[/FONT]
[FONT=Arial, Helvetica, sans-serif]The new regulation provides for non-discriminatory and transparent pricing of air services.[/FONT]

[FONT=Arial, Helvetica, sans-serif]

• It bans price discrimination on the basis of the place of residence or the nationality of the customer or the place of establishment of the travel agent. In practical terms, this means that for the same product – i.e. the same seat on the same flight booked at the same moment – there should be no price differences based on the place of residence or the nationality of the passenger. In the past, such differences have often been observed on airlines’ websites where residents of one Member State had to book on the country-specific website of the airline and where prices could be different (the place of residence of the passenger was established via the consumer’s credit card number).
• Price transparency is improved by clarifying that the final price to be understood all applicable fares, charges, taxes and fees included. It avoids that airlines mislead consumers by advertising prices exclusive of taxes, charges and fees that are only added at the moment of booking. The breakdown between air fare or rate, the taxes, the airport charges and the other charges, surcharges or fees shall also be specified. Optional price supplements shall be communicated in a clear, transparent and unambiguous way at the start of any booking process and their acceptance by the customer shall be on an "opt-in" basis".

[/FONT]

Flybe also add the tax after the flight is selected - http://www.flybe.com/cam/executeFlightSearchCriteria.action?flightSearchCriteria.departureAirport=SOU&flightSearchCriteria.arrivalAirport=LIG&flightSearchCriteria.outboundFareType=ECONOMY&flightSearchCriteria.numberOfAdults=2&flightSearchCriteria.numberOfChildren=0&flightSearchCriteria.numberOfInfants=0&flightSearchCriteria.departureDate=18/08/2010&flightSearchCriteria.returnDate=24/08/2010&utm_source=offerspage&utm_medium=button&utm_campaign=offerspage_book_now

shows an example of this ....

Mark