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Wedding Car booking
Comments
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The booking confirmation states it was a deposit.0
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The booking confirmation states it was a deposit.
That is confusing as the company do not take hire charges according to their site, but rather are a third party booking site that charges an admin fee and then you pay the hire company who supply the cars direct under their terms and conditions. If it a deposit for the car hire as opposed to admin charges (booking fee) then this should be refunded as the terms and conditions state
"If the cancellation occurs more than 30 days before the vehicle hire then only the booking fee will be lost, any advance payment made to operator will also be refunded if it is made within this timeframe"
A booking (or admin fee) is a charge for the service of booking and providing a booking, which it coudl be argued you have had. A deposit on the other hand is a down payment on a service you will be getting in future (which you will not be getting).
If it clearly says deposit on your booking confirmation and there are not any different terms and conditions you agreed to over the phone I would screen shot their terms and conditions as evidence (in case they alter it) and write asking for a refund.
Date
Dear Sir/Madam,
Booking reference ? for ? on date
After visting your website www.weddingcarhire.co.uk, I contacted your company by telephone on ? date and was sent photos of 4 door car model......., year? and booked this with your company paying £120 deposit. I received a confirmation email for the £120 deposit paid, stating that the car was a two door model. I contacted you on ? date regarding your error. I have since cancelled my order with you and request a refund of the £120 deposit paid. The goods you arranged did not conform to this section of the Consumer Rights Act quoted below:
Goods to match a model seen or examined
(1)This section applies to a contract to supply goods by reference to a model of the goods that is seen or examined by the consumer before entering into the contract.
(2)Every contract to which this section applies is to be treated as including a term that the goods will match the model except to the extent that any differences between the model and the goods are brought to the consumer’s attention before the consumer enters into the contract.
The dated screenshot I have taken from the booking terms and conditions on your website state
"If the cancellation occurs more than 30 days before the vehicle hire then only the booking fee will be lost, any advance payment made to operator will also be refunded if it is made within this timeframe"
I was not charged a booking fee, which as you are aware is a fee for the booking services, but have according to your written confirmation been charged a deposit, which was a down payment towards a vehicle hire and under your terms and conditions is refundable when cancellation occurs more than 30 days. before vehicle hire .
I look forward to receiving my refund as per your terms and conditions.
Yours sincerely
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I know I am splitting hairs on the terms used, but it may be useful to use this to try to get your deposit back. If they don't refund then next step would be to put together a letter before court action and send it with proof of delivery. sample here.
https://www.citizensadvice.org.uk/consumer/going-to-court/going-to-court/taking-court-action/Problems-with-goods---letter-before-court-action/
You don't have to go to court but it might scare them into giving your deposit back. The company address is at the bottom of the terms and conditions page:
http://www.weddingcarhire.co.uk/terms/0 -
Wonder if this section of the Consumer Rights Act would cover it (think its more apt than the "goods to be as described" section):Goods to match a model seen or examined
(1)This section applies to a contract to supply goods by reference to a model of the goods that is seen or examined by the consumer before entering into the contract.
(2)Every contract to which this section applies is to be treated as including a term that the goods will match the model except to the extent that any differences between the model and the goods are brought to the consumer’s attention before the consumer enters into the contract.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »Wonder if this section of the Consumer Rights Act would cover it (think its more apt than the "goods to be as described" section):
Good work as usual unholyangel and have added it in the draft letter above in case OP wants to use.0 -
Thank you very much for the very detailed advice and the time you have spent in providing this information. I am extremely grateful to you all.0
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