Is this covered by distance selling regulations?

Dinah93

The first email I received when I booked gives no date or time. The second email says the first session was Thursday the 12th at 6.30pm. The second email giving the start date and time was received at 2pm on the 13th.

Flyboy152

I suppose the question that needs to be asked is, "when does the service commence?" Does it commence from the time and date of the first session, or the time and date of the first available session?

unholyangel

I would presume that it is when the service is available to the consumer. Otherwise mobile phone companies, broadband providers, gyms etc would have you tied to a contract the moment you signed up because they are already providing the service - just not to you.

Something interesting to point out to them OP even if the cancellation rights do not apply (sort of a back up plan if you will).....unfair contract terms. Where a cancellation penalty is for the full amount/large amount of the contract and is not a genuine pre-estimate of actual loss, it will likely be considered a penalty and as such, is unenforceable. They have a right to recover actual losses that have arose as a result of a breach of contract. If they have 12 places left still, that loss is nil - perhaps a small administration charge but nothing more.

5.1 It is unfair to impose disproportionate sanctions for breach of contract. A
requirement to pay more in compensation for a breach than a reasonable
pre-estimate of the loss caused to the supplier is one kind of excessive
penalty. Such a requirement will, in any case, normally be void to the
extent that it amounts to a penalty under English common law. Other types
of disproportionate sanction are considered below – Part III, Group 18(c).

vicmorrow

arcon5 wrote: »

Seems if may have found the technicality to get out on

Does that make sense?

vicmorrow

vicmorrow wrote: »

Does that make sense?

NO! ...you've changed it...good boy! Why do you not read what you post yourself. It's better BTW...but could be clearer.

arcon5

you need a new hobby :exclamati

vicmorrow

arcon5 wrote: »

you need a new hobby :exclamati

No...you really need to read what you type..it is wrong so many times. Slow down...it's not a competition.

unholyangel

vicmorrow wrote: »

No...you really need to read what you type..it is wrong so many times. Slow down...it's not a competition.

And not everyones first language is english. Mines certainly isnt.