Consumer contracts regulations: Vouchers covered?

VoxDei

Hi


My well-meaning but slightly thoughtless brother has just bought us a very expensive voucher for Christmas for a family outing that we cannot use (the children are too young and do not meet the age requirement, which is convenient because even if they did it's not something that'd be practical for us to do). The voucher was bought about ten days ago and states non-refundable and non-transferable on the face.


There is a thread on here (I'm not allowed to link it, new user, sorry) that suggests that the Distance Selling Regulations would have covered this situation. However, those have been superseded by the Consumer Contracts Regulations. I can't find anything that says whether the CCR covers vouchers, though I'm guessing if the DSR did then the CCR should. Anyone know please?

The_Rainmaker

It doesn't matter you have no contract with the seller. So the point is moot.

VoxDei

I'm not quite sure whether you mean that as in "I didn't buy them and therefore I can't return them" (in which case you're right, but my brother bought them and would be the one returning them), or as in "There is no ongoing contract because something was purchased", in which case as I understand it the CCR covers all purchases made off-premises in the same way the DSR did and no ongoing contract is required. Either way I think the question is valid!

the_lunatic_is_in_my_head

Can't see vouchers as an exemption:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

Although worth noting whether " if the contract provides for a specific date or period of performance." is applicable to your circumstance.

The other posters first sentence is correct that you couldn't cancel, but your brother could.

BoGoF

Would be helpful if you could be a bit more specific about the voucher and the seller.

VoxDei

lunatic: Thank you! I notice there is an exemption on there for "The supply of goods which are clearly personalised". The voucher itself is personalised, but obviously the money has been paid for the service, not for the piece of paper that is the voucher. Any thoughts?


BoGoF: The seller is an English country pub that seems to have branched out into guided walks. The voucher is for a four-mile winter trek with a two-course picnic lunch carried on some llamas. The location is a three-hour (at best) drive from my home and my kids are five and two. The website for the place states clearly minimum age of eight. It's a lovely idea but I'm unclear why my brother thought this was practical. I'm reluctant to be specific because I haven't even talked to the seller yet, we just got home after Christmas and found the voucher in the post. Could be I'll call them tomorrow and they'll be entirely reasonable about it, I just wanted to know what my rights were in advance!

mattyprice4004

Did they buy it online, over the phone or in person at the pub?

VoxDei

I don't know for sure but I strongly suspect online. My brother lives in South-East Asia so there's a pretty good-sized time difference.

pinkshoes

I would phone the venue and explain your predicament...

See if it can be exchanged for something more suitable e.g. a family meal and 1 night stay?? If they say no then I guess contact your brother and tell him they wont allow children at the venue and would he be able to get a refund.

IvanOpinion

Could you (and partner?) go and ask the brother to look after the kids (hoping he doesn't forget where he left them in). At least that way you might get some value from the gift.

Boohoo

IvanOpinion wrote: »

Could you (and partner?) go and ask the brother to look after the kids (hoping he doesn't forget where he left them in). At least that way you might get some value from the gift.

Might be expensive.


See post No.8