Refund from holiday mis-selling

MartinW

Not sure whether I'm in the right place!
We recently purchased some accommodation which included some additional European breaks. After we'd paid the money and got the details it wasn't what we agreed to sign up to. We immediately requested a refund and they have eventually turned round (4 weeks later) and said that no refund will be given due to the following.

Distance selling and online trading

The cooling-off period and cancellations
However, there are some exceptions to the right to cancel. Consumers can't cancel if the contract is for:
· accommodation, transport, catering or leisure services

Surely the consumer must have some protection as basically they could sell you anything and then hide behind the above. My next step was Trading Standards, Consumer Direct and Which - any other advice? Will we be covered on our credit card under the sales of goods act?

richardw

MartinW wrote: »

After we'd paid the money and got the details it wasn't what we agreed to sign up to.

Couldn't you have got the details first?

Alan_Bowen

You sound as if you have bought vouchers rather than buying actual travel arrangements. As a general rule real travel arrangements have no coolling off period at all as they are excluded from the Regulations that allow 7 days to cancel other things you buy on the net. If you bought them due to misrepresentation you may be entitled in law to a full refund but the usual companies who sell this rubbish operate as though the law does not apply to them. Trading Standards may, and I emphasise may, be able to offer you suggestions but they have little if any money now to take action so if you paid by credit card, your best bet is to claim a breach of Section 75 of the Consumer Credit Act against your card issuer, providing they cost more than £100. Good luck

MartinW

Thanks for replies. We bought a number of weeks accommodation at a selection of resorts - that's not the issue. The main selling point for us, was 4 european breaks, including flights, with seemingly no restrictions - we just had to give 6 weeks notice. We were told there was a £69.50 charge per break. When we got the details it was £69.50 per person and the year was broken into 'chunks' when we could book and we had to select 1-2-3 choices each time, so we could end up at the same place each time! They don't record the phone calls so it seems as though consumer has no chance. Sounds like breach of section 75 is the best bet unless travel is excluded from that as well.

McKneff

Did you have to go to a hotel and sit throgh a presentation and then sign up to them.

These sort of things are notoriously obscure in the details.

Not sure that section 75 would cover it,