Working Holiday - Dispute

Wellibobs

Hi, wonder if anyone can help me.  My 17 year old daughter came home yesterday saying she had applied to be a holiday rep for next year.  On getting down to the details she had 'applied' to a working holiday company, and had paid them £1 on her debit card for her space .  I've read the reviews for this company and they are not particularly good and then reading through the blurb effectively it is going to cost her £1000 for accommodation with this company, which i think this is what they supply.  Then  a rep then tells them to ask in bars for jobs.  We have looked at cancelling this but their cancellation policy states they will charge a £29.00 admin fee.  Does anyone know if she would be able to get them to waiver the admin fee as she didn't fully understand what was involved? (might be a long shot).

[Deleted User]

 Not sure on your question but I'd ring and cancel and also cancel my card so they couldn't take more money

Ganga

_shel said:

 Not sure on your question but I'd ring and cancel and also cancel my card so they couldn't take more money

I think that even if you cancel a credit/debit card and someone pursues a genuine debt the card company will honour it and chase you for the money. 

TELLIT01

I seem to recall from previous posts that a 17 year old can't be held to a contract anyway.  She could potentially just walk away from it.

jonesMUFCforever

Tell beat me to it - a minor cannot enter into any contract that is not necessary.
To be sure I would get her to contact her bank to cancel the CPA to make sure that no further funds are taken.

Then take her aside and explain its a bad bad world out there - she should not put her card details into any website that she is unsure of - especially in cases like this.
Explain if somebody wants her card details it is for one reason only - to get money from you.

Wellibobs

Thanks for all your help.  She has emailed them asking to cancel the contract stipulating she is a minor,to which the response was;

'The minimum age to make a booking with us is 17 as detailed in our terms below;
By using our site and the Services, you warrant that:
You are legally capable of entering into binding contracts (i.e. you’re in a position to legally sign and agree to this contract and that you’re 17 year of age or older and are not suffering from a mental disability); and you will use our site only for the purpose of using and accessing our services.

I'm I right in thinking this is still voidable?

[Deleted User]

 Yup because them saying 17 doesn't change the fact she had to be 18 to sign a legally binding contract. 

jonesMUFCforever

Wellibobs said:

Thanks for all your help.  She has emailed them asking to cancel the contract stipulating she is a minor,to which the response was;

'The minimum age to make a booking with us is 17 as detailed in our terms below;
By using our site and the Services, you warrant that:
You are legally capable of entering into binding contracts (i.e. you’re in a position to legally sign and agree to this contract and that you’re 17 year of age or older and are not suffering from a mental disability); and you will use our site only for the purpose of using and accessing our services.

I'm I right in thinking this is still voidable?

Yes you are. Ask them to quote the legislation that allows them to enter into contracts with minors.
I would also (threaten) contact Trading Standards to get their view on this. 
(Or say she is mentally impaired that is a 100% get out clause according to their own terms)

sheramber

Is this a UK company?

photome

sheramber said:

Is this a UK company?

was about to ask the same, it could make all the difference

Wellibobs

Good evening, my daughter wants to pass on her thanks to all that have helped us.  We have followed your advice (didn't need to mention trading standards). 'And on this occasion they will waiver the administration fee and cancel the contract'. Too add; this is a UK company, they do mention in their terms and conditions that the contract is 'Governed by English Law'.  Thank you all for your help. Thank you everyone for your help.  :-)