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Advice on buying Services online - System mistake?

  • 09-11-2013 3:03pm
    #1
    flexcon
    Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭


    So I bought a hotel room to stay in Dublin on the 1st of December, two night in fact.

    I went online and saw the room advertised for €0.00 for the two nights.

    So I booked this room and used my credit card as payment. It actually processed as €0.00

    I got my booking and receipt to prove this.

    I then got an email last week stating that my booking deposit of €198 euro was needed for that night when I arrive. I then rang the hotel and it turns out that it is my Fee for staying the night, that its not a Deposit but my actual fee.

    They are claiming that the system made a mistake, and that I am not entitled to this room at this rate.

    now I really want to try and find out have I something to use here, like a consumer ACt etc.

    I know that this is clearly a mistake, but I was really looking forward to this as I never win anything and this is the first time that I have ever gotten lucky like this ( Or so I thought !)

    Any help appreciated here, as I am getting conflicting answers here in work.


Comments

  • #2
    TheBoffin
    Registered Users, Registered Users 2 Posts: 434 ✭✭TheBoffin


    You need to read the terms and conditions of the online booking to see if by booking online guarantees a room.

    The price is not relevant. You created an agreement in good faith online for €0.00, so the question is now what is in the terms of that agreement or what terms it is subject to.


  • #3
    flexcon
    Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭flexcon


    TheBoffin wrote: »
    You need to read the terms and conditions of the online booking to see if by booking online guarantees a room.

    The price is not relevant. You created an agreement in good faith online for €0.00, so the question is now what is in the terms of that agreement or what terms it is subject to.

    Well on the booking email I got it states "....No amendments or refunds can be processed for these bookings."

    http://www.staycity.com/dublin/terms-and-conditions/ Thats the terms and conditions, although Having read them I still cant clearly see if I am in the right here?

    I realise that its a lot of effort for anyone willing to read them, but I cant see anywhere that gives me the right.


  • #4
    TheBoffin
    Registered Users, Registered Users 2 Posts: 434 ✭✭TheBoffin


    Once a booking has been accepted by the Operator, a contract exists between the Customer and the Operator and making a booking by the Customer indicates acceptance of these Terms and Conditions by the Customer.

    From the terms and conditions it would appear that if your order has been accepted by the operator then a contract exists.
    While every effort has been made to ensure the accuracy of all information, The Operator does not accept liability for any errors or omissions and reserves the right to change information and descriptions of listed accommodation and products.

    This section reserves the rights to change information however, if a contract is formed as per the terms above, this is not relevant.


    If it were me personally, I would proceed with the deposit as it applies to the deposit section of the T&C. They may decide to keep the deposit as payment for the room, this is not covered in the T&C and you would be in your rights to challenge it with your online receipt and the terms of business. (Print all your documents, the T&C and communications with them prior to going ahead and seeing how it plays out).

    There is no short answer on this. Its one of those situations where you let it play out and see where it goes. Personally unless they cancel your booking, you seem to have grounds. They can cancel the booking as per T&C.


  • #5
    flexcon
    Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭flexcon


    TheBoffin wrote: »
    From the terms and conditions it would appear that if your order has been accepted by the operator then a contract exists.



    This section reserves the rights to change information however, if a contract is formed as per the terms above, this is not relevant.


    If it were me personally, I would proceed with the deposit as it applies to the deposit section of the T&C. They may decide to keep the deposit as payment for the room, this is not covered in the T&C and you would be in your rights to challenge it with your online receipt and the terms of business. (Print all your documents, the T&C and communications with them prior to going ahead and seeing how it plays out).

    There is no short answer on this. Its one of those situations where you let it play out and see where it goes. Personally unless they cancel your booking, you seem to have grounds. They can cancel the booking as per T&C.

    Thanks very much, thats enough for me to look into this further, Much Appreciated!


  • #6
    TheBoffin
    Registered Users, Registered Users 2 Posts: 434 ✭✭TheBoffin


    Thanks very much, thats enough for me to look into this further, Much Appreciated!

    You are welcome. It is a personal choice for you to proceed or not. They must notify you formally that a mistake has been made and/or cancel the booking to be fully compliant with their T&C. Retaining a deposit as payment for something you already hold a receipt for is not proper conduct and goes against their T&C


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  • #7
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Had it been 0.01 you might have had a stateable argument (you wouldn't have but we could have had some giggles discussing it).

    As you paid nothing you've no contract. A contract requires, inter alia, three things. Offer, acceptance and consideration. You've no consideration here and therefore no contract.


  • #8
    TheBoffin
    Registered Users, Registered Users 2 Posts: 434 ✭✭TheBoffin


    As you paid nothing you've no contract

    The T&C of the company that accepted the booking states the following
    Once a booking has been accepted by the Operator, a contract exists between the Customer and the Operator and making a booking by the Customer indicates acceptance of these Terms and Conditions by the Customer.

    Not my words....


  • #9
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    TheBoffin wrote: »
    The T&C of the company that accepted the booking states the following



    Not my words....

    Those T&Cs only come into force if there is a contract, there is not. You have a chicken and egg problem.


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