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LASTMINUTE.COM - HELP-what now ???

OH purchased two tickets for my sister and I to attend a show followed by a meal today, total cost £39,via lastminute.com. We went to the show and when we went to the restaurant discovered the place was closed. We managed to gain entry, as a member of staff was going in to work, and it transpires the restaurant was closed for the night to the public and there was a private function about to take place.The manager said that our contract was with lastminute.com , and whilst offering us a drink(refused) we found there were six other customers of lastminute.com also in the same situation. It was part of my sisters birthday pressie , so I took her to another restaurant costing £42.73
I have filled in a complaints form for last minute.com asking for a reply within 48 hours. Would I be unreasonable to ask for a full refund as the service was not provided?? Any advice or suggestions will be gratefully received
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Comments

  • Rex_Mundi
    Rex_Mundi Posts: 6,312 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I wouldn't have thought it was fair to ask for a full refund. After all, you went to the show.

    Working out how much to ask for is up to you, but you have had part value for the tickets by seeing the show. Asking for a 100% refund doesn't seem right to me seeing as half the offer (the show) was fulfilled.
    How many surrealists does it take to change a lightbulb?
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    Fish
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Assuming that the restuarant meal that you ended up buying was of the same standard as the meal promised by lastimute, you should ask for what you spent on the meal. The basic principle is that compensation for an error should put you in the same position you would have been had the error not been made.
  • magyar
    magyar Posts: 18,909 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I just read Lastminute.com's Ts&Cs and they say that

    "Except for the sale of a very small number of products (such as, for some entertainment tickets) our Channels operate to an agency model. This means that we act as a disclosed agent for third party suppliers, such as a tour operator, hotel or a restaurant. What this means is that the contract for the product is between you and the supplier."

    Which to me implies that the restaurant manager was wrong and your contract was in fact with him. It's very likely that this will end up unclear.

    See what Lastminute.com say - they'll probably cough up anyway, else you will have a valid claim against the restaurant manager (who, in turn, will probably have a claim against Lastminute.com).

    I agree that you should be asking for compensation equivalent to the cost of your second meal (as discussed, provided it is of similar quality and without extras e.g. drinks). Kepp all receipts.
    Says James, in my opinion, there's nothing in this world
    Beats a '52 Vincent and a red headed girl
  • Lady_E
    Lady_E Posts: 1,046 Forumite
    Thanks for all your replies . The ironic thing is that the night before we went ,one of the other customers checked the net and discovered she could have purchased the show tickets for £5 each, therefore leaving £15 approx each for food. I hope I get somewhere with this, as it is only the 2nd time I have used the theatre deal and it was a very enjoyable experience, apart from this problem.
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    magyar wrote:
    I just read Lastminute.com's Ts&Cs and they say that

    "Except for the sale of a very small number of products (such as, for some entertainment tickets) our Channels operate to an agency model. This means that we act as a disclosed agent for third party suppliers, such as a tour operator, hotel or a restaurant. What this means is that the contract for the product is between you and the supplier."

    Which to me implies that the restaurant manager was wrong and your contract was in fact with him. It's very likely that this will end up unclear.

    See what Lastminute.com say - they'll probably cough up anyway, else you will have a valid claim against the restaurant manager (who, in turn, will probably have a claim against Lastminute.com).

    I agree that you should be asking for compensation equivalent to the cost of your second meal (as discussed, provided it is of similar quality and without extras e.g. drinks). Kepp all receipts.

    It sounds as if Lastminute.com could prove tricky about a refund, so contact your credit card company to ask about a charge-back.
  • Lady_E
    Lady_E Posts: 1,046 Forumite
    It sounds as if Lastminute.com could prove tricky about a refund, so contact your credit card company to ask about a charge-back.


    Really really dumb question but what is a charge back ?
  • magyar
    magyar Posts: 18,909 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    It's when you make a claim against your credit card company against a fraudulent transaction.

    Usually this has a minimum of £100, though I think. In any case, I'd advise against jumping in with this - give Lastminute/the restaurant some time to sort this out.
    Says James, in my opinion, there's nothing in this world
    Beats a '52 Vincent and a red headed girl
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    magyar wrote:
    It's when you make a claim against your credit card company against a fraudulent transaction.

    Usually this has a minimum of £100, though I think. In any case, I'd advise against jumping in with this - give Lastminute/the restaurant some time to sort this out.

    Yes: good advice. However, if you don't get any joy from Lastminute then do contact your credit card company. Strictly speaking they are only legally liable if the amount is over 100 pounds, but in practice they will often help for smaller amounts.
  • Idiophreak
    Idiophreak Posts: 12,024 Forumite
    10,000 Posts Combo Breaker
    ...a little late now, I know, but I always like to book the meal (where possible) when using these sorts of tickets - I find it's often easier to sort these things out before the event than after.
  • Lady_E
    Lady_E Posts: 1,046 Forumite
    Idiophreak wrote:
    ...a little late now, I know, but I always like to book the meal (where possible) when using these sorts of tickets - I find it's often easier to sort these things out before the event than after.


    Lesson has been learnt and I will bear this in mind for next time
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