Is This Quote Fair?

GingerTim

cymruchris said:

Spectralis said:

I don't use Uber but if I book a car and it doesn't turn up do I request a refund from Uber or the driver?  If the driver turns up and I'm not there waiting the driver still receives my booking payment via Uber? If I damage the drivers car or I'm injured during the journey because of the drivers irresponsibility who handles compensation, Uber or the driver?

The question I'm asking is what are my consumer rights in that situation? If I book a theatre ticket and the production is cancelled on the day who's responsible for issuing the refund? It's not a great analogy but if companies impose rules without making them prominent and understandable when paying for a service then what are my rights?

As I mentioned in a previous post, did you get in touch with them with the details of the cheaper quote you'd received to see if they could amend it as per their price match policy from their terms and conditions?

That would have meant reading the terms and conditions 

cymruchris

GingerTim said:

cymruchris said:

Spectralis said:

I don't use Uber but if I book a car and it doesn't turn up do I request a refund from Uber or the driver?  If the driver turns up and I'm not there waiting the driver still receives my booking payment via Uber? If I damage the drivers car or I'm injured during the journey because of the drivers irresponsibility who handles compensation, Uber or the driver?

The question I'm asking is what are my consumer rights in that situation? If I book a theatre ticket and the production is cancelled on the day who's responsible for issuing the refund? It's not a great analogy but if companies impose rules without making them prominent and understandable when paying for a service then what are my rights?

As I mentioned in a previous post, did you get in touch with them with the details of the cheaper quote you'd received to see if they could amend it as per their price match policy from their terms and conditions?

That would have meant reading the terms and conditions 

And having read those terms and conditions (that I've mentioned twice but the OP seems to not have noticed) would have highlighted that there was a price match policy in effect that potentially they could have contacted Anyvan and said 'You've quoted me this - they've quoted me that - can you match it as per your policy please, thank you very much'.

powerful_Rogue

Spectralis said:

https://www.businesscompanion.info/en/quick-guides/services/supplying-services#Whatisatrader

"If you are a trader that allows another person to act in your name or on your behalf you would still be responsible for those contracts - for example, if you employ people to make contracts for selling cars to your customers or you sub-contract with someone else to supply labour when building a wall."

Doesn't apply.

Spectralis

"Normally a consumer has no automatic right to change their mind and to cancel a contract; therefore if this happens they are in breach of contract. However, there is an automatic right to cancel in some special cases, including most consumer contracts made at a distance (for example, mail order or internet) or at a consumer's home etc. See 'Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013' below.

If a consumer cancels the contract wrongfully, the trader can claim the reasonable costs incurred. Where the trader cannot recover the lost sale (for example, by making another booking in place of the cancelled one) their claim may include loss of profit. If the consumer has made full or part payment up front, the trader can only retain enough to cover these losses and must refund the difference."

That's what I'm querying. Is it acceptable for AnyVan to keep 5O% of my payment to cover costs and losses? Especially when the price has doubled. If the original contract is superceded every time a customer makes changes then what is a fair renegotiation? Especially as AnyVan advertise renegotiation up to 24 hours before the job without making any penalties clear in the advertising. Effectively putting this information on the back of the receipt or in the fine print of their T&C's.

Spectralis

powerful_Rogue said:

Spectralis said:

https://www.businesscompanion.info/en/quick-guides/services/supplying-services#Whatisatrader

"If you are a trader that allows another person to act in your name or on your behalf you would still be responsible for those contracts - for example, if you employ people to make contracts for selling cars to your customers or you sub-contract with someone else to supply labour when building a wall."

Doesn't apply.

Explain why please?

Spectralis

cymruchris said:

GingerTim said:

cymruchris said:

Spectralis said:

I don't use Uber but if I book a car and it doesn't turn up do I request a refund from Uber or the driver?  If the driver turns up and I'm not there waiting the driver still receives my booking payment via Uber? If I damage the drivers car or I'm injured during the journey because of the drivers irresponsibility who handles compensation, Uber or the driver?

The question I'm asking is what are my consumer rights in that situation? If I book a theatre ticket and the production is cancelled on the day who's responsible for issuing the refund? It's not a great analogy but if companies impose rules without making them prominent and understandable when paying for a service then what are my rights?

As I mentioned in a previous post, did you get in touch with them with the details of the cheaper quote you'd received to see if they could amend it as per their price match policy from their terms and conditions?

That would have meant reading the terms and conditions 

And having read those terms and conditions (that I've mentioned twice but the OP seems to not have noticed) would have highlighted that there was a price match policy in effect that potentially they could have contacted Anyvan and said 'You've quoted me this - they've quoted me that - can you match it as per your policy please, thank you very much'.

Thanks! I must have missed that information. Probably because it's not clearly stated when entering into a contract with AnyVan. Nor is there any way in the online booking system to enter competitive quotes for AnyVan to consider.

powerful_Rogue

Spectralis said:

powerful_Rogue said:

Spectralis said:

https://www.businesscompanion.info/en/quick-guides/services/supplying-services#Whatisatrader

"If you are a trader that allows another person to act in your name or on your behalf you would still be responsible for those contracts - for example, if you employ people to make contracts for selling cars to your customers or you sub-contract with someone else to supply labour when building a wall."

Doesn't apply.

Explain why please?

I was, but then thought is there any point as you are disagreeing with everything. I think you'd be better suited to paid legal advice.

cymruchris

Spectralis said:

cymruchris said:

GingerTim said:

cymruchris said:

Spectralis said:

I don't use Uber but if I book a car and it doesn't turn up do I request a refund from Uber or the driver?  If the driver turns up and I'm not there waiting the driver still receives my booking payment via Uber? If I damage the drivers car or I'm injured during the journey because of the drivers irresponsibility who handles compensation, Uber or the driver?

The question I'm asking is what are my consumer rights in that situation? If I book a theatre ticket and the production is cancelled on the day who's responsible for issuing the refund? It's not a great analogy but if companies impose rules without making them prominent and understandable when paying for a service then what are my rights?

As I mentioned in a previous post, did you get in touch with them with the details of the cheaper quote you'd received to see if they could amend it as per their price match policy from their terms and conditions?

That would have meant reading the terms and conditions 

And having read those terms and conditions (that I've mentioned twice but the OP seems to not have noticed) would have highlighted that there was a price match policy in effect that potentially they could have contacted Anyvan and said 'You've quoted me this - they've quoted me that - can you match it as per your policy please, thank you very much'.

Thanks! I must have missed that information. Probably because it's not clearly stated when entering into a contract with AnyVan. Nor is there any way in the online booking system to enter competitive quotes for AnyVan to consider.

A quick phone call maybe? To ask the question? Or use their chat facility? (It does look like there was an opportunity prior to your actual booking date to have raised the question to see what might have been done in terms of the price match - but am guessing that as it's now happened they won't retrospectively apply any discount. If you still have the evidence of the lower quote, you could give them a call and ask? You said you spoke to them - did you mention the other 'cheaper' quote you'd received?)

tightauldgit

Spectralis said:

powerful_Rogue said:

Spectralis said:

https://www.businesscompanion.info/en/quick-guides/services/supplying-services#Whatisatrader

"If you are a trader that allows another person to act in your name or on your behalf you would still be responsible for those contracts - for example, if you employ people to make contracts for selling cars to your customers or you sub-contract with someone else to supply labour when building a wall."

Doesn't apply.

Explain why please?

Because, as you've repeatedly been told, Anyvan is not a contractor nor a sub-contractor, and does not contract with anyone or sub-contract with anyone to do the work. They act as a marketplace - just like Ebay or booking.com - to allow contractors to tender for your work and the contract is between you and the company doing the work. If said man with van turns up wasted and drives his van through your living room window then Anyvan will say 'go sue them then' they will not be responsible. Equally if you kidnap said man with van and keep him in your basement for 10 years fed only on nail clippings and river water then Anyvan will not be responsible. You would be. 

For the purposes of using the marketplace both parties agree to abide by the terms set out by Anyvan. So the van company has to for example allow you to make changes up to 24 hrs ahead of the agreed time. While you agree to pay half the costs of the job if you cancel within 48 hours of the job. 

You were told previously and missed it but NO the terms do NOT limit your consumer rights or override them. You have all the same consumer rights - and in fact if you could demonstrate to a court that it was unreasonable for the company to charge you half the job for cancelling then you may well have a case. However, I don't think on the face of it that it is unreasonable to say that a man with a van probably won't be able to simply get another job to replace yours if they only have 48 hours notice and they should be compensated. In fact, it may be reasonable for them to charge 100% according to the law. 

The unreasonable step here seems to be that you have assumed you could totally change the load and be quoted the same price. That's what seems to have triggered this issue. I think you have to some personal responsibility for that before you start going off the deep end. 
 

Alderbank

cymruchris said:

Spectralis said:

cymruchris said:

GingerTim said:

cymruchris said:

Spectralis said:

I don't use Uber but if I book a car and it doesn't turn up do I request a refund from Uber or the driver?  If the driver turns up and I'm not there waiting the driver still receives my booking payment via Uber? If I damage the drivers car or I'm injured during the journey because of the drivers irresponsibility who handles compensation, Uber or the driver?

The question I'm asking is what are my consumer rights in that situation? If I book a theatre ticket and the production is cancelled on the day who's responsible for issuing the refund? It's not a great analogy but if companies impose rules without making them prominent and understandable when paying for a service then what are my rights?

As I mentioned in a previous post, did you get in touch with them with the details of the cheaper quote you'd received to see if they could amend it as per their price match policy from their terms and conditions?

That would have meant reading the terms and conditions 

And having read those terms and conditions (that I've mentioned twice but the OP seems to not have noticed) would have highlighted that there was a price match policy in effect that potentially they could have contacted Anyvan and said 'You've quoted me this - they've quoted me that - can you match it as per your policy please, thank you very much'.

Thanks! I must have missed that information. Probably because it's not clearly stated when entering into a contract with AnyVan. Nor is there any way in the online booking system to enter competitive quotes for AnyVan to consider.

A quick phone call maybe? To ask the question? Or use their chat facility? (It does look like there was an opportunity prior to your actual booking date to have raised the question to see what might have been done in terms of the price match - but am guessing that as it's now happened they won't retrospectively apply any discount. If you still have the evidence of the lower quote, you could give them a call and ask? You said you spoke to them - did you mention the other 'cheaper' quote you'd received?)

No need to guess - the T&Cs you posted say the request must be made at least seven working days prior to the requested pickup date