EU company adhering go small claims court ruling

jodavies

Does anyone know if European companies, with no UK base, are bound by UK small claims court rulings? 

DullGreyGuy

What did your contract state about legal jurisdiction and courts? Most companies will state their local law and courts apply and therefore you cannot use English courts (we dont have "UK courts" as the system is different in Scotland and N.Ireland)

If they say the contract is bound under the law of England and Wales then they have jurisdiction but it makes enforcement more complicated. 

Caz3121

if this is for booking.com the t&cs state

1. To the extent permitted by mandatory local (consumer) law, these Terms and our services will be governed by Dutch law (for accommodations, flights or attractions) or English law (for car rentals and private/public transport).

2. To the extent permitted by mandatory local (consumer) law, any dispute will exclusively be submitted to the competent courts in Amsterdam (for accommodations, flights or attractions) or England and Wales (for car rentals and private/public transport).

[Deleted User]

Such terms are unenforceable in the UK, for the most part. Your legal right to use the UK, sorry pendants, courts can't be removed by contact.

Do they have a UK office?

DullGreyGuy

[Deleted User] said:

Such terms are unenforceable in the UK, for the most part. Your legal right to use the UK, sorry pendants, courts can't be removed by contact.

Do they have a UK office?

UK statute doesn't require all contracts to be governed by English Law (would be very odd for those living in Scotland)

Even if with a "legal right" that doesn't mean it's enforceable, other jurisdictions will support their local business saying NY Law applies (or equiv) and so you throw good money after bad. 

[Deleted User]

That's why I asked if they had a UK office. If not then enforcement will be difficult post brexit.

tightauldgit

jodavies said:

Does anyone know if European companies, with no UK base, are bound by UK small claims court rulings? 

Well I think 'yes' in so much as if the court doesn't have jurisdiction they won't issue a ruling. Enforcing it may be another issue.

[Deleted User]

Either of these may work as an E&W service address:

• 7th Floor The Monument Building, 11 Monument Street, London, England, EC3R 8AF
• 100 New Bridge Street, London, England, EC4V 6JA

What appears to be their parent company (BOOKING.COM LIMITED) has an office in England & Wales.

Westin

Deleted_User said:

Either of these may work as an E&W service address:

• 7th Floor The Monument Building, 11 Monument Street, London, England, EC3R 8AF
• 100 New Bridge Street, London, England, EC4V 6JA

What appears to be their parent company (BOOKING.COM LIMITED) has an office in England & Wales.

I am not sure it is that easy and that straight forward.

First up, when booking through booking.com your contract arrangement is with the supplier of the travel service -

“When you make a Booking, it’s directly with the Service Provider. We’re not a ‘contractual party’ to your Booking.”

Second, if you are claiming fault with the website platform then the contract is either with Booking.com BV or Booking.com Transport Ltd -

“When you book an accommodation, flight or attraction, Booking.com B.V. provides and is responsible for the Platform – but not the Travel Experience itself”

“When you book a rental car, or private or public transport, Booking.com Transport Limited provides and is responsible for the Platform”

You can’t just pick a sounds-like name from Company House records and file against them.  That’s likely to be a quick rejection of a small courts claim.

[Deleted User]

Westin said:

Deleted_User said:

Either of these may work as an E&W service address:

• 7th Floor The Monument Building, 11 Monument Street, London, England, EC3R 8AF
• 100 New Bridge Street, London, England, EC4V 6JA

What appears to be their parent company (BOOKING.COM LIMITED) has an office in England & Wales.

I am not sure it is that easy and that straight forward.

First up, when booking through booking.com your contract arrangement is with the supplier of the travel service -

“When you make a Booking, it’s directly with the Service Provider. We’re not a ‘contractual party’ to your Booking.”

Second, if you are claiming fault with the website platform then the contract is either with Booking.com BV or Booking.com Transport Ltd -

“When you book an accommodation, flight or attraction, Booking.com B.V. provides and is responsible for the Platform – but not the Travel Experience itself”

“When you book a rental car, or private or public transport, Booking.com Transport Limited provides and is responsible for the Platform”

You can’t just pick a sounds-like name from Company House records and file against them.  That’s likely to be a quick rejection of a small courts claim.

• Firstly, you seem to have limited understanding of business/consumer contracts if you take things at face value like:  We’re not a ‘contractual party’ to your Booking simply because the company states that.

• Secondly, they aren't 'sound-like names' as you put it but related legal entities if you follow the legal trail. The first address would appear to be their London office and second would appear to be their local solicitors.

• Thirdly, I never guaranteed successes rather am providing information to the OP - they can use as they see fit. I personally wouldn't Booking.com; I've used parent Priceline for last minute hotels in the US, Canada & France and have always been very happy with the hotel and their customer service. 

Westin

Incorrectly filing a claim against the wrong business entity has a high chance of being rejected and failing.