Megabus Has Cancelled Me

System

visidigi wrote: »

You've got that completely wrong - that's if the contract has not been formed.

If the contract is formed (which I would based on the information outlined assume it was) then their responsibility is to deliver on the agreed contract or provide an alternative to the equivalent specification at no cost to the OP.

You would be right if the contract had not been formed, but Megabus took payment, provided confirmation record of the order four weeks prior - due to them not having a service they need to fund the equivalent service with an alternative provider.

Why is the above situation different to when you buy something online, they provide confirmation and take payment then cancel and refund because the item is out of stock?

visidigi

Firstly its different because One is a product, the other is a service

Secondly like I said...

If the contract is formed (which I would based on the information outlined assume it was) then their responsibility is to deliver on the agreed contract or provide an alternative to the equivalent specification at no cost to the OP.

quangy

visidigi wrote: »

The consequential costs of your hotels etc are not Megabus's responsibility - their responsibility lies with ensuring you they full fill their ticket to the point of arrival as per the booking, by what ever means viable as long as the contract has been formed.

Correct, but they have sold me a ticket which could never possibly be fulfilled by them as it was a GAFF, and as it was a GAFF by them I expect common sense will prevail.... available tickets show up on site and we as customers purchase them, money is taken from us and a confirmation is sent, how simples can it be...this is the 1st time ever in many years of bookings that I have received notification with a few days before travel and 4 weeks after booking that the route should not of been available for me to book... the 4 week delay has also probably contributed to the fact that no cheap travel alternatives are now available due to my last minute stressful rearrangements.

System

visidigi wrote: »

Firstly its different because One is a product, the other is a service

Secondly like I said...

I think its highly unlikely that megabus are going to give the op any money towards travel on a different companies provider. It would be interesting to see what the final outcome is.

halibut2209

goater78 wrote: »

I think its highly unlikely that megabus are going to give the op any money towards travel on a different companies provider. It would be interesting to see what the final outcome is.

I think when push comes to shove, they will have no choice. It's up to the OP to find the cheapest alternative, and then ask Megabus for the difference. If they refuse, it's time to take it to the court.

quangy

goater78 wrote: »

I think its highly unlikely that megabus are going to give the op any money towards travel on a different companies provider. It would be interesting to see what the final outcome is.

I phoned them 1st thing and got the "nothing we can do" routine and "there are no alternative Megabus services". So faced with last minute decisions I have explored every possibility, from taxi (expensive), car hire (expensive and limited due to holidays), missing Oxford altogether (faced with finding 2 nights accommodation in Cambridge and also disappointment of curtailing Oxford). National express was the best option but the previous 3 hour Megabus journey will now be taking me over 5 hours. In short, we as customers are being laughed at by these so called service providers and left out on a limb, as said if it was my fault then I'll hold my hands up high and take the hit but when it's their fault why should we be out of pocket and inconvenienced in a big way, I feel lucky to have the National Express alternative and sorted it before I'm in Cambridge, albeit at my own expense, but it could of been a lot worse for me if I'd really of been stuck. Also I'm sure I wasn't the only one to be on the bus and there would of been many buses on the day, I think serious noises are flying around headquarters even as we speak.

tomjonesrules

visidigi wrote: »

You've got that completely wrong - that's if the contract has not been formed.

If the contract is formed (which I would based on the information outlined assume it was) then their responsibility is to deliver on the agreed contract or provide an alternative to the equivalent specification at no cost to the OP.

You would be right if the contract had not been formed, but Megabus took payment, provided confirmation record of the order four weeks prior - due to them not having a service they need to fund the equivalent service with an alternative provider.

Actually it is you who is wrong. The contract has been frustrated, the subject matter no longer exists. Hence loss of bargain is not applicable, the correct remedy is to put the buyer back to their original position.

ShaneUK

Are you on Twitter by any chance? And are MegaBus? If so, contact them again but via Twitter..... you may get a different result.... or Facebook.

If a complaint is in the public domain, and they know it, their response may be a little more positive and customer focussed.

visidigi

tomjonesrules wrote: »

Actually it is you who is wrong. The contract has been frustrated, the subject matter no longer exists. Hence loss of bargain is not applicable, the correct remedy is to put the buyer back to their original position.

The service/subject matter has never existed -so it can't only now not exist.

The service provider has a duty of care to inform the buyer in case of issues with fulfilling their obligation - which they have done at almost the last moment possible. There is no bargain detailed here, this is the loss of a contracted service at an accepted price from the service provider.

The service provider has had ample opportunity to dispute this issue and has made no attempt to resolve the issue for the customer in a way which does not greatly inconvenience them.

Again all of the above is based on the contract being formed (which based on provided information implies it has and I have not been corrected otherwise by the OP).

quangy

tomjonesrules wrote: »

Actually it is you who is wrong. The contract has been frustrated, the subject matter no longer exists. Hence loss of bargain is not applicable, the correct remedy is to put the buyer back to their original position.

Googled frustrated contract and one of the 1st pages was "If a contract is made, and for whatever reason it later becomes impossible to for one party to perform their obligations, then we need to think about frustration. Be careful to note that frustration is about subsequent impossibility; if a contract was impossible to perform right from the outset, then the issue is one of mistake and not frustration!"

And as I have said a mistake has been made on their part.... frustration would therefore be applied if the weather, natural disaster etc came into play. I was sold a ticket that shouldn't of been available thus the contact was immposible to perform from when I booked it thus frustration doesn't come even close...