Wowcher - Holiday - Does DSR Apply?

char2802

Hi All,

My sister is helping to arrange a hen do, someone else has taken charge of the booking and used my sisters credit card (with her permission).

However the person booking didn't think to check that the dates would be available before buying the wowcher, and now she has spoken to them, surprise surprise, the dates are not available. The hotel is not available, and they are now being transferred to a 3* hotel instead of a 4* hotel. They are being asked to pay £50 extra each to book sensible flight time (flights not booked yet), and to top it off the included excursion is also fully booked and they are being asked to pay an extra £15 each for that too. Total for 4 of them was £160 each. So not tonnes of money but all 4 have been put on my sisters card which does add up.

The wowcher was purchased on saturday evening (25/10/14). Now, I know that its mainly their fault for not checking availability, but does my sister have any rights as the person who has paid (and whose name is on the booking)? Wasn't sure if distance selling applied to this.

I'm guessing not but thought you would be the best people to ask and trying to get my sister out of a hole. (a £640 hole!)

Wowcher's refund policy is to return it as a wowcher credit - but I can't see her spending £640 on wowcher any time soon.


Thanks in advance everyone

wealdroam

char2802 wrote: »

Hi All,

My sister is helping to arrange a hen do, someone else has taken charge of the booking and used my sisters credit card (with her permission).

However the person booking didn't think to check that the dates would be available before buying the wowcher, and now she has spoken to them, surprise surprise, the dates are not available. The hotel is not available, and they are now being transferred to a 3* hotel instead of a 4* hotel. They are being asked to pay £50 extra each to book sensible flight time (flights not booked yet), and to top it off the included excursion is also fully booked and they are being asked to pay an extra £15 each for that too. Total for 4 of them was £160 each. So not tonnes of money but all 4 have been put on my sisters card which does add up.

The wowcher was purchased on saturday evening (25/10/14). Now, I know that its mainly their fault for not checking availability, but does my sister have any rights as the person who has paid (and whose name is on the booking)? Wasn't sure if distance selling applied to this.

I'm guessing not but thought you would be the best people to ask and trying to get my sister out of a hole. (a £640 hole!)

Wowcher's refund policy is to return it as a wowcher credit - but I can't see her spending £640 on wowcher any time soon.


Thanks in advance everyone

You guess is right, DSRs do not apply.

Firstly because DSRs were superseded by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 earlier this year.

Secondly because "the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance" is specifically excluded from those replacement Regulations (and was also excluded by the old Regulations).