Gift Vouchers Posted but not received
Mabeldog
Posts: 28 Forumite
Hello
My wife recently bought 4 x Afternoon Tea Vouchers from a local hotel for £ 68.00 She was offered at an additional cost of £ 7 to have these sent recorded delivery but declined but she was told they would be sent out first class - this was over a week ago and nothing has arrived and the Hotel have basically said " tough" which I find very odd. When I rung them they were incredibly rude and offered no sympathy for our position so I thought I needed to crack on asap - if they had said lets hang on a few days and see what happens and I'm sure we can sort something out I would have held back but it was a plain "tough"
A quick look around the web and I discovered that Trading Standards Law states that Failure to deliver within a reasonable time is a breach under the Consumer Rights Act 2015 also, more importantly :
Loss or damage in transit
If the trader arranges for goods to be delivered to a consumer, the goods remain at the trader’s risk until delivery. It is, therefore, the trader’s responsibility to ensure that goods are not lost or damaged in transit, and/or to take out appropriate insurance. It follows that optional postal insurance should never be offered to consumers.
Although the hotel said we should have taken up their offer of additional postage it looks like they shouldn't have done that as legally it is their responsibility to ensure the good arrive safely
I have emailed them requesting they either send out new vouchers ( I even offered to collect them) or a full refund based on the legal information i have which I have quoted them or I will pursue them in the Small Claims Court for the £ 68 plus costs but have not yet had a response
Fortunately we are in a financial position to "loose" £ 68 with no impact on our day to day life but it is the principle .
I just wanted to check before I go any further that my information about the law is correct and if not what is correct .
Many many thanks in advance
M
My wife recently bought 4 x Afternoon Tea Vouchers from a local hotel for £ 68.00 She was offered at an additional cost of £ 7 to have these sent recorded delivery but declined but she was told they would be sent out first class - this was over a week ago and nothing has arrived and the Hotel have basically said " tough" which I find very odd. When I rung them they were incredibly rude and offered no sympathy for our position so I thought I needed to crack on asap - if they had said lets hang on a few days and see what happens and I'm sure we can sort something out I would have held back but it was a plain "tough"
A quick look around the web and I discovered that Trading Standards Law states that Failure to deliver within a reasonable time is a breach under the Consumer Rights Act 2015 also, more importantly :
Loss or damage in transit
If the trader arranges for goods to be delivered to a consumer, the goods remain at the trader’s risk until delivery. It is, therefore, the trader’s responsibility to ensure that goods are not lost or damaged in transit, and/or to take out appropriate insurance. It follows that optional postal insurance should never be offered to consumers.
Although the hotel said we should have taken up their offer of additional postage it looks like they shouldn't have done that as legally it is their responsibility to ensure the good arrive safely
I have emailed them requesting they either send out new vouchers ( I even offered to collect them) or a full refund based on the legal information i have which I have quoted them or I will pursue them in the Small Claims Court for the £ 68 plus costs but have not yet had a response
Fortunately we are in a financial position to "loose" £ 68 with no impact on our day to day life but it is the principle .
I just wanted to check before I go any further that my information about the law is correct and if not what is correct .
Many many thanks in advance
M
0
Comments
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I agree with your thinking
Was it an independent hotel or a chain? I would have thought that if the vouchers are numbered they can 'cancel' the number printed on them and reissue new ones to you. Depends on how they sell/track themLove living in a village in the country side0 -
Independent - yes they do number them as my wife when she used some vouchers before there one of their party forgot theirs so they could check the sequence - interestingly I found a Trip Advisor review when someone bought some vouchers and they expired after 6 months - again Hotel would not budge so they lost £ 50 !!
Am interested in whether the legal stuff is correct as I'm pretty sure i'm going to have to do a SMC on this - thanks in advance0 -
Duplicate of this thread, started earlier today
https://forums.moneysavingexpert.com/showthread.php?t=60796300 -
Just beat me to it.0
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Duplicate of this thread, started earlier today
https://forums.moneysavingexpert.com/showthread.php?t=6079630
Sorry wanted to delete earlier thread but don't know how to !!0
This discussion has been closed.
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