Accommodation voucher for hotel stay

Rwhb12

And before you say it yes it was a considered impulse purchase!

We went to an event and there was a guy selling weekends at a hotel in Scotland for a reduced package rate. The photographs and the sale spiel seemed very good and we were thinking about a week to break so we purchased a voucher. At no time were terms and conditions discussed, and nothing was given to us after the purchase, the voucher being sent by email later.
When we got home, I decided to look for reviews of the hotel and frankly they are abysmal. One quoting it being worse than Fawlty Towers! So I immediately sent an email saying that we were not validating the voucher and that we wanted our money back under the 14 day consumer rights legislation. I also lodged a claim with the my debit card provider. They have come back and said that because the terms and condition said no refunds are possible they cannot process the claim. 

i have received no reply from the hotel.

What rights do I have, noting that the sale was in England and the vendor is in Scotland?

Russ

PHK

Travel related services are exempt from the right to cancel within 14 days. 

Furthermore, if your contract is for the supply of a voucher then as you've received the voucher then a chargeback would fail and so would S75 if that applies. 

Okell

Rwhb12 said:

And before you say it yes it was a considered impulse purchase!

We went to an event and there was a guy selling weekends at a hotel in Scotland for a reduced package rate. The photographs and the sale spiel seemed very good and we were thinking about a week to break so we purchased a voucher. At no time were terms and conditions discussed, and nothing was given to us after the purchase, the voucher being sent by email later...

What exactly was the "event"?

Who was selling the vouchers?  (eg was it a representative of the hotel itself?)

How much did you pay?

Was the voucher valid only (1) for a specific date or for a specific period or duration, or (2) was it open ended?

Aylesbury_Duck

It's never a good idea to quote legislation at a retailer unless you're certain it applies to your situation.  It just advertises that you don't properly understand your rights.

Okell's questions are important. Once we know the answers to those, you'll get better advice.

There was another thread in the last few days where someone wanted to back out of a hotel booking after reading the reviews.  The good advice given there was that reviews are subjective and you don't have a consumer right to cancel a contract solely on the basis  that other people don't rate the product or service.  You may be in that position, or you may have actual grounds to cancel if the answers to the questions portray a particular set of circumstances.

MyRealNameToo

PHK said:

Travel related services are exempt from the right to cancel within 14 days. 

Only if they are for a fixed date, if it's something that can be used at any time, subject to availability, then the carve out doesnt exist. 

It is however important to understand the nature and location of the "event" as in person sales typically have no cooling off period but they may in the scenario of an off premises sale. 

the_lunatic_is_in_my_head

PHK said:

 chargeback would fail and so would S75 if that applies. 

S75 is more encompassing than chargebacks, if there was a breach or misrepresentation the argument of you purchased a voucher and got a voucher regardless of anything else wouldn't apply for S75, the same rights would exist against the card provider as they happen to be against the trader. 

OP what was the event? 

Grumpy_chap

Rwhb12 said:

And before you say it yes it was a considered impulse purchase!

We went to an event and there was a guy selling weekends at a hotel in Scotland for a reduced package rate. The photographs and the sale spiel seemed very good and we were thinking about a week to break so we purchased a voucher. At no time were terms and conditions discussed, and nothing was given to us after the purchase, the voucher being sent by email later.
When we got home, I decided to look for reviews of the hotel and frankly they are abysmal. One quoting it being worse than Fawlty Towers! So I immediately sent an email saying that we were not validating the voucher and that we wanted our money back under the 14 day consumer rights legislation. I also lodged a claim with the my debit card provider. They have come back and said that because the terms and condition said no refunds are possible they cannot process the claim. 

i have received no reply from the hotel.

What rights do I have, noting that the sale was in England and the vendor is in Scotland?

Russ

What 14 day consumer rights legislation do you have in mind?

It seems as though you have paid £x to purchase a voucher to stay at a specific hotel and you have received the voucher to stay at that hotel.
If you have now changed your mind and do not wish to stay at the hotel, you can ask for a refund but one does not seem to have to be given.
That leaves you with some options
 - go and stay at the hotel
 - keep the voucher as a memento
 - sell the voucher

Okell

Grumpy_chap said:

Rwhb12 said:

And before you say it yes it was a considered impulse purchase!

We went to an event and there was a guy selling weekends at a hotel in Scotland for a reduced package rate. The photographs and the sale spiel seemed very good and we were thinking about a week to break so we purchased a voucher. At no time were terms and conditions discussed, and nothing was given to us after the purchase, the voucher being sent by email later.
When we got home, I decided to look for reviews of the hotel and frankly they are abysmal. One quoting it being worse than Fawlty Towers! So I immediately sent an email saying that we were not validating the voucher and that we wanted our money back under the 14 day consumer rights legislation. I also lodged a claim with the my debit card provider. They have come back and said that because the terms and condition said no refunds are possible they cannot process the claim. 

i have received no reply from the hotel.

What rights do I have, noting that the sale was in England and the vendor is in Scotland?

Russ

What 14 day consumer rights legislation do you have in mind?...

It was bought at an "event" so it could possibly be an off-premises contract.

If it is, and if the voucher isn't restricted to either a specific date or period of time, it could be eligible for cancellation under the CCRs.

Perhaps...

But the OP needs to come back with some answers

Undervalued

Okell said:

Grumpy_chap said:

Rwhb12 said:

And before you say it yes it was a considered impulse purchase!

We went to an event and there was a guy selling weekends at a hotel in Scotland for a reduced package rate. The photographs and the sale spiel seemed very good and we were thinking about a week to break so we purchased a voucher. At no time were terms and conditions discussed, and nothing was given to us after the purchase, the voucher being sent by email later.
When we got home, I decided to look for reviews of the hotel and frankly they are abysmal. One quoting it being worse than Fawlty Towers! So I immediately sent an email saying that we were not validating the voucher and that we wanted our money back under the 14 day consumer rights legislation. I also lodged a claim with the my debit card provider. They have come back and said that because the terms and condition said no refunds are possible they cannot process the claim. 

i have received no reply from the hotel.

What rights do I have, noting that the sale was in England and the vendor is in Scotland?

Russ

What 14 day consumer rights legislation do you have in mind?...

It was bought at an "event" so it could possibly be an off-premises contract.

If it is, and if the voucher isn't restricted to either a specific date or period of time, it could be eligible for cancellation under the CCRs.

Perhaps...

But the OP needs to come back with some answers

Very few vouchers are open ended. For one reason they become an accounting nightmare. The general principle is that they are sold at a discount but, in exchange, as far as the law allows they lock the customer in and restrict their options.

the_lunatic_is_in_my_head

Undervalued said:

Okell said:

Grumpy_chap said:

Rwhb12 said:

And before you say it yes it was a considered impulse purchase!

We went to an event and there was a guy selling weekends at a hotel in Scotland for a reduced package rate. The photographs and the sale spiel seemed very good and we were thinking about a week to break so we purchased a voucher. At no time were terms and conditions discussed, and nothing was given to us after the purchase, the voucher being sent by email later.
When we got home, I decided to look for reviews of the hotel and frankly they are abysmal. One quoting it being worse than Fawlty Towers! So I immediately sent an email saying that we were not validating the voucher and that we wanted our money back under the 14 day consumer rights legislation. I also lodged a claim with the my debit card provider. They have come back and said that because the terms and condition said no refunds are possible they cannot process the claim. 

i have received no reply from the hotel.

What rights do I have, noting that the sale was in England and the vendor is in Scotland?

Russ

What 14 day consumer rights legislation do you have in mind?...

It was bought at an "event" so it could possibly be an off-premises contract.

If it is, and if the voucher isn't restricted to either a specific date or period of time, it could be eligible for cancellation under the CCRs.

Perhaps...

But the OP needs to come back with some answers

Very few vouchers are open ended. For one reason they become an accounting nightmare. The general principle is that they are sold at a discount but, in exchange, as far as the law allows they lock the customer in and restrict their options.

The limits of applications to Part 3 of the CCRs are to be interpreted narrowly according to the EU guidance docs, the specific wording of the limit is

the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance

An expiry date on a voucher doesn't come close to meeting the limit in my view. 

Grumpy_chap

Okell said:

It was bought at an "event" so it could possibly be an off-premises contract.

It could depend what the nature of the "event" was.