Accommodation voucher for hotel stay

Okell

Grumpy_chap said:

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.

Yes.  That's why I asked him what it was.

Rwhb12

Okell 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...

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?

The event was a country fair.
The person selling - no idea but appeared to represent the hotel
£200
Open ended.

Russ 

the_lunatic_is_in_my_head

Morning OP

One of the definitions of an off premises contract is “a contract concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;” another is “a contract concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer” one of which should generally include a country fair. 

The voucher is goods any way rather than services and without a lot of information given to you on paper or by email, etc you have 1 year and 14 days to cancel.

Happy to draft an email to the hotel covering the finer points of the legislation if of help? 

MyRealNameToo

the_lunatic_is_in_my_head said:

Happy to draft an email to the hotel covering the finer points of the legislation if of help? 

That assumes the hotel was actually the vendor... the OP seems unclear as to who the salesman was:

Rwhb12 said:

The person selling - no idea but appeared to represent the hotel

Representing the hotel is not the same as being an employee of the hotel. There are plenty of middlemen selling vouchers for third party businesses (eg GroupOn) 

In the absence of other information would start with the hotel but it may be the wrong party. 

the_lunatic_is_in_my_head said:

The voucher is goods any way rather than services and without a lot of information given to you on paper or by email, etc you have 1 year and 14 days to cancel.

For VAT purposes it's a service not goods, can't say if for CRA purposes it counts as goods or services though. 

the_lunatic_is_in_my_head said:

The voucher is goods any way rather than services and without a lot of information given to you on paper or by email, etc you have 1 year and 14 days to cancel. 

Does that apply to off premises sales? Honest question as I dont know, know it does for distance contracts 

the_lunatic_is_in_my_head

MyRealNameToo said:

For VAT purposes it's a service not goods, can't say if for CRA purposes it counts as goods or services though. 

Happy to stand corrected on this point

I was going to advise OP to make sure they return the voucher within 14 days of cancelling as required for goods under the CCRs as presumably it's a physical voucher (I may be wrong on that too).

No mention of such for services so perhaps the expectation is it's simply voided if not classed as goods?

If it is a physical voucher probably best to return it just in case.

MyRealNameToo said:

That assumes the hotel was actually the vendor... the OP seems unclear as to who the salesman was:

Yes indeed, hopefully if it were a middleman the hotel will know who or if paid by card bank statement will indicate who they were.

MyRealNameToo said:

Does that apply to off premises sales? Honest question as I dont know, know it does for distance contracts 

Off-premises mentions on paper, unless the consumer agrees otherwise:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/10

(2) The information and any cancellation form must be given on paper or, if the consumer agrees, on another durable medium and must be legible.

with a copy of the signed contract, or confirmation of the contract as a follow up again on paper unless agreed  otherwise.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/12

Interestingly if it were to be a service OP could use the voucher and then cancel no obligation to pay for the service but probably not wise to go down that road! 

https://www.legislation.gov.uk/uksi/2013/3134/regulation/36

(6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if—
(a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or
(b)the service is not supplied in response to a request in accordance with paragraph (1).

born_again

the_lunatic_is_in_my_head said:

MyRealNameToo said:

For VAT purposes it's a service not goods, can't say if for CRA purposes it counts as goods or services though. 

Happy to stand corrected on this point

I was going to advise OP to make sure they return the voucher within 14 days of cancelling as required for goods under the CCRs as presumably it's a physical voucher (I may be wrong on that too).

No mention of such for services so perhaps the expectation is it's simply voided if not classed as goods?

If it is a physical voucher probably best to return it just in case.

MyRealNameToo said:

That assumes the hotel was actually the vendor... the OP seems unclear as to who the salesman was:

Yes indeed, hopefully if it were a middleman the hotel will know who or if paid by card bank statement will indicate who they were.

MyRealNameToo said:

Does that apply to off premises sales? Honest question as I dont know, know it does for distance contracts 

Off-premises mentions on paper, unless the consumer agrees otherwise:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/10

(2) The information and any cancellation form must be given on paper or, if the consumer agrees, on another durable medium and must be legible.

with a copy of the signed contract, or confirmation of the contract as a follow up again on paper unless agreed  otherwise.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/12

Interestingly if it were to be a service OP could use the voucher and then cancel no obligation to pay for the service but probably not wise to go down that road! 

https://www.legislation.gov.uk/uksi/2013/3134/regulation/36

(6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if—

(a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or

(b)the service is not supplied in response to a request in accordance with paragraph (1).

But who to?
Given OP is not clear (sounds like does not know) on who it was purchased from.
Also no mention of what the cost was, or any other details on questions asked.  

TBH, this is the danger of buying in such situations. In effect OP is just a change of mind after seeing reviews.

Grumpy_chap

the_lunatic_is_in_my_head said:

Interestingly if it were to be a service OP could use the voucher and then cancel no obligation to pay for the service but probably not wise to go down that road! 

https://www.legislation.gov.uk/uksi/2013/3134/regulation/36

(6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if—

(a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or

(b)the service is not supplied in response to a request in accordance with paragraph (1).

I am not sure that extract can be read in isolation without considering:

36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer—

(a)has made an express request, and

(b)in the case of an off-premises contract, has made the request on a durable medium.

And also considering:

(4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount—

(a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and

(b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.

(5) The amount is to be calculated—

(a)on the basis of the total price agreed in the contract, or

(b)if the total price is excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders.

I suspect that an e-mail to make the booking for a specific date from the voucher would qualify as an "express request".  If the OP then stayed in the hotel for the full value of time that was covered by the voucher, the amount to be paid would be the full amount.

the_lunatic_is_in_my_head

Grumpy_chap said:

the_lunatic_is_in_my_head said:

Interestingly if it were to be a service OP could use the voucher and then cancel no obligation to pay for the service but probably not wise to go down that road! 

https://www.legislation.gov.uk/uksi/2013/3134/regulation/36

(6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if—

(a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or

(b)the service is not supplied in response to a request in accordance with paragraph (1).

I am not sure that extract can be read in isolation without considering:

The word "or" would suggest otherwise  

No details on the right to cancel in accordance with Part 2 means no obligation to pay for a service received in the cancellation period (which is generally 1 year and 14 days due to the information breach).

born_again said:

Also no mention of what the cost was

£200

Probably easier to assume it was the hotel at the fair until OP or the hotel say otherwise. 

Rwhb12

Thanks for everyone’s comments.

Russ

the_lunatic_is_in_my_head

@Rwhb12 OP please find the draft email requested below, please check for typos, grammar errors, etc which I'm prone to.

Once you have sent the email be sure to return the voucher within 14 days (preferably of your original email you mentioned in the OP), Royal Mail Tracked 48 is a decent service:

https://send.royalmail.com/

I would send it in a jiffy bag as a large letter perhaps inside an old DVD case or similar with the flap securely sealed closed with some tape. 

If they don't refund with 14 days of receipt you'll need to send a letter before action. As has been discussed you need to ensure it was the hotel themselves at the fair and not some kind of travel agent/middle man (and if it was you need to email them and return to them). 

Dear xxx

I'm am writing with regards to a voucher purchased at the xx country fair on the (date) to notify you of my intention to cancel the contract in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

As per Section 5 an off-premises contract is defined as:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/5

“off-premises contract” means a contract between a trader and a consumer which is any of these—

(a)a contract concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;

and as per Section 29 a consumer may cancel an off-premises contract:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/29

The Limits of Application of Part 3 (Right to Cancel) note a contract may not be cancelled for:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/28

(h)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.

However as the voucher is not for a specific date this does not apply.

If you require the voucher to be returned please provide the appropriate address otherwise I shall return it in accordance with Section 35 paragraph 3. If you are able to void the voucher without it's return please perform such. 

https://www.legislation.gov.uk/uksi/2013/3134/regulation/35

Thank you in advance I look forward to receiving a full refund in accordance with Section 34:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

Sincerely
Rwhb12