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Sale of Goods & Supply of Services Act 1980

  • 15-02-2011 8:27pm
    #1
    Dylan123
    Registered Users, Registered Users 2 Posts: 244 ✭✭


    Interpretation of s 11 3 (1) In relation to a hotel booking made on line through an agency, surely you can cancel within 7 days paying no fees or charges and avail of a full refund? Perhaps not.... Is that what s 11 3 (1) is getting at? (((if there was a waiver stating no cancelations)))

    (3) For the purposes of this section a statement to the effect that goods will not be exchanged, or that money will not be refunded, or that only credit notes will be given for goods returned, shall be treated as a statement to which subsection (1) refers unless it is so clearly qualified that it cannot be construed as applicable in circumstances in which the buyer may be seeking to exercise a right conferred by any provision of a section mentioned in subsection (1).


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  • #2
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Dylan123 wrote: »
    Interpretation of s 11 3 (1) In relation to a hotel booking made on line through an agency, surely you can cancel within 7 days paying no fees or charges and avail of a full refund? Perhaps not.... Is that what s 11 3 (1) is getting at? (((if there was a waiver stating no cancelations)))

    (3) For the purposes of this section a statement to the effect that goods will not be exchanged, or that money will not be refunded, or that only credit notes will be given for goods returned, shall be treated as a statement to which subsection (1) refers unless it is so clearly qualified that it cannot be construed as applicable in circumstances in which the buyer may be seeking to exercise a right conferred by any provision of a section mentioned in subsection (1).

    The problem is that if you look at section 11(1) it only applies to sections 12-15 of the Sale of Goods Act 1893 as substituted by section 10 of the 1980 Act. Sections 12-15 only deal with the sale of goods.
    Section 39 of the 1980 Act deals with the supply of services but section 40 allows any of the protections in s39 to be restricted by express term of the contract. Anyway, section 39 does not say anything about cancellation periods.
    Basically you have paid for a service and unless you can show that the service provided (which means you have to go and use it) breached something in s39 then they are entitled to their money.

    Edit: Just noticed that s41 is the equivilent of s11 for the supply of services but it still only applies in respect of the rights conferred by s39.


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