CLOSED! Virgin Spa day for 2 - 75% off now £25

brownhandbag

Just had this e-mail...

Hello Sharon,

This matter has been passed onto our Director who will be in contact shortly.

Kind regards
Nat


Looks like it ain't over yet!

ickster

Lawyer does not believe Virgin are in the right. Their T & C say they can withdraw for reasons beyond their control. They have already admitted they made a mistake. As it is their error, they cannot withdraw after they have confirmed the sale to you. Their advertisement price on the website is known as an "invitation to treat", you placing an order is an "offer", them taking your money and confirming the order is an "acceptance". Contract is complete.
Virgin could have withdrawn their offer if their T & C allowed for such eventualities. Amazon has T & C which allow for such mistakes. Virgin have not. The law has a "contra proferendum" rule. This states if there is any ambiguity in a contract (e.g. T & C) the term is to be construed AGAINST the person who wrote it (ie they should have been very clear about the times they can withdraw and included a term allowing them to withdraw in the event that an incorrect price is shown on the website).
HTH

krayzechick

I got a refund.. but have had NO communication from them at all... which I find rather rude!!

brownhandbag

Just checked and I have had my £25.00 refunded! Cheeky blighters, e-mailing them!

dannyfoster

just received an email from there md and he has just repeated everything the previous guy said. maybe they think cos they have an md telling us this we will buy it. well im not and im telling him wat i told the other guy and thats they entered a contract and have broken it. getting on my nerves now but still quite fun

weebag

Ive had an email from the MD too, saying they will not honour the price. Will keep battling...

Wee

Maysie

nothing yet i havne't make it to the bank today to check it and i lost my inonline banking details grrrr . I have only had the initial email cancelling the voucher.

barney1979

i've had the md letter. not sure how to respond though. any suggestions gratefully received...

I don't know what trading laws to through at them :d

weebag

This is the email I originally sent......

Thank you for your email.

Had the mail I received yesterday stated that my order was being 'processed', then, as you rightly say, no contract would have been formed. However, my correspondence from Virgin clearly states that 'your order has been processed successfully', meaning a legally binding contract had indeed been formed. In fact the email is titled 'Virgin Experience Days Confirmaton'.

Your Terms and Conditions do not override e-commerce regulations.

Once again, my expectation is for you to honour this contract.

Regards

This is my reply to the MD

Thank you for your prompt response Mr O'Brien.

Whilst this did indeed appear to be a very good offer, it is not unusual for companies such as yours to offer such deals periodically - there was nothing that led me to believe that this was a pricing error.

'Innocent error' error it may be to you, but I had already informed my Fiance and Mother that I had booked them a Spa Day.

You are still subject to contract law, and the law says that should you not provide this service, you are in breach of the contract made when you accepted my offer (took money and sent 'confirmed' email).

Please could you address the above points as it seems clear that this will not be resolved until I issue a claim via the county court.

brownhandbag

I have also had the MD letter and am replying by telling him I am contacting trading standards and Citizens Advice tomorrow. See what they make of that!

Thankyou for your e-mail. Unfortunately you have only repeated what I have already been told from Nat. If you had bothered to read my previous correspondance then you will see that I am not at all happy with this.

My arguement is as follows. I had a contract with Virgin Experiences to supply a voucher at £25.00 for the spa day for two people. The fact that you made an error n pricing is irrelavant as I have a confirmation/receipt. Your t&c's state 'circumstances beyond your control' which this mistake is not.

I feel you have broken the Consumer Protection Act 1987 which states it is an offence to give a misleading price in any form. I also think the whole way this has been handled is totally unprofessional. As a business owner myself if I misquoted a customer for a job then I would have to take the loss, for the sake of good PR. Legally you cannot withdraw from a contact once the confirmation has been given. I will be contacting Trading Standards and the CAB tomorrow to confrim my rights and have no hesitation in taking this matter as far as is necessary.

I will also be looking to contact Mr.Branson himself as although I understand he is not directly involved with Virgin Experiences I am sure he would be interested in how a company bearing his world famous branding conducts their customer relations/service,

Regards

By the way this is what I have just sent