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Can a business change their terms and conditions without informing you?

2»

Comments

  • The_Rainmaker
    The_Rainmaker Posts: 1,483 Forumite
    1,000 Posts Name Dropper Photogenic
    edited 24 August 2020 at 6:20AM
    Jsacker said:

    mobileron said:
    It seems that travel and airline companies can try it on,please note they cant over rule consumer law.
    I do think they are ‘trying it’ but I’m happy to argue this with them as-long as I’m within my right? 
    Feel free, but one thing will be for certain they will have taken legal advice in this prior to issuing their updated T&Cs.

    Why don't you want to go on your holiday?
    It isn't a certainty. I've known a few instances where companies have "tried it on" when it comes to basically screwing over customers (worked for one or two companies in the past). Zero consideration of the legal aspects, and more about relying on the ignorance of the consumer.


    How is it trying it on?  The holiday is still available, the OP is choosing not to go for understandable personal reasons.

    See if you can postpone the holiday.
  • Jsacker said:

    mobileron said:
    It seems that travel and airline companies can try it on,please note they cant over rule consumer law.
    I do think they are ‘trying it’ but I’m happy to argue this with them as-long as I’m within my right? 
    Feel free, but one thing will be for certain they will have taken legal advice in this prior to issuing their updated T&Cs.

    Why don't you want to go on your holiday?
    It isn't a certainty. I've known a few instances where companies have "tried it on" when it comes to basically screwing over customers (worked for one or two companies in the past). Zero consideration of the legal aspects, and more about relying on the ignorance of the consumer.


    How is it trying it on?  The holiday is still available, the OP is choosing not to go for understandable personal reasons.

    See if you can postpone the holiday.
    I can’t postpone as such I could make arrangements to move the holiday to another date, which would result in paying airline fees to change dates along with the difference in price and then the difference in accommodation and transfer. I have of course looked at this option but they are asking beyond a 1000 pound or more which tbh I’m not willing to pay and can’t really afford which out really pushing it.

    I do understand what you are saying and I posted on here simply because I wanted other people’s opinion x the holiday is available but i suppose theres other ways that You could look at it. FCO are advising not to travel there unless it’s essential, insurance could be void if i choose to go there and in all honesty I have thought about taking that risk. 
    But more I just don't quite understand how companies can change their terms and conditions without giving notification or giving the option to agree or disagree, it also just made me think about every other time You enter a agreement. Its just feels a bit like here is your agreement that we can hold you to but if things don't go our way we can change the agreement to suit us and there’s nothing you can do.
    I’m not sure if I mentioned before but I did take out travel insurance before march the 13th so I should be covered but I don’t know again I suppose I’m just asking out of principle of the above reason should they be allowed to change agreement I just feel they are being a little naughty but I do understand why they would I’m sure if they refunded everyone under the terms and conditions they could potentially put their business at risk and I wouldn’t want people to fear for their jobs under these circumstances but saying that a little email sent to customers or a notice on their website saying We have changed our terms and conditions and unfortunately due to the current circumstances these are your rights.

    anyway Here’s a update i opened a case with resolver to explain my case at-least. I did try getting hold of OTB by phone (i was on there for 5 hours on my day off and then got cut off)
    i also tried messaging them but problem is with OTB which I didn’t know every-time you message you end up going To the bottom of the queue. I had already been waiting 3 weeks for a reply regarding a query then I sent them a message regarding this and now I’ve gone back to the bottom of the queue. I also realised after various communication with them they will only answer one question at a time even if you try to be clever and send them all your questions so you don't have to wait 3 weeks per question so I find myself trying to figure out what is the most urgent question just to get answered 🤦🏻‍♀️

    Sorry to ramble
    i do appreciate everyone taking time to reply x


  • tehone
    tehone Posts: 640 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Do your original emailed T&C's say anything about changes to them and how they will be communicated?
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The T&Cs which apply to your contract will be the T&Cs you were given at the time.

    The company can't unilaterally change the T&Cs after a contract has been entered into. 
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    The T&Cs which apply to your contract will be the T&Cs you were given at the time.

    The company can't unilaterally change the T&Cs after a contract has been entered into. 
    Technically they can ... but they need to notify the other party first and allow the other party the opportunity to rescind the contract without penalty before they become bound by the change. :)
  • Mickey666
    Mickey666 Posts: 2,834 Forumite
    1,000 Posts Photogenic First Anniversary Name Dropper
    DoaM said:
    The T&Cs which apply to your contract will be the T&Cs you were given at the time.

    The company can't unilaterally change the T&Cs after a contract has been entered into. 
    Technically they can ... but they need to notify the other party first and allow the other party the opportunity to rescind the contract without penalty before they become bound by the change. :)
    Exactly - any contract T&Cs can be changed with the consent of both parties, but if one doesn't agree to a change then their is either no change or the contract is cancelled.
    This sort of thing can lead to "T&C ping-pong" between businesses.  Company A places an order on Company B subject to its own T&Cs, usually printed on the reverse of the order.  A typical T&C might be that payment will be made within, say, 60 days.  B then sends an order acknowledgement subject to its own T&Cs, again usually printed on the reverse of the paperwork, stating (for example) payment to be made within 30 days.  If A does not challenge the order acknowledgement then the payment terms for the contract will be 30 days.  When the company B's credit controllers start chasing A for payment at 30 days, A's finance department might say that their standard terms are 60 days, but for this particular order the terms are 30 days because that was on the last bit of order paperwork - the acknowledgement from B.
    Fun and games :)

  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    ^^^ That only applies for B2B contracts, but it does indeed happen. That's why contracts between big companies tend to be subject to a Global Purchase Agreement, to prevent such silliness. :)

    But consumers don't need to be concerned with things like this.
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