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optical express refusing to refund deposit

  • 26-02-2014 12:26pm
    #1
    gregor2020
    Registered Users, Registered Users 2 Posts: 4 ✭


    Hi

    I paid a deposit of 200 euro for laser eye surgery to Optical Express in Ballsbridge and was told at the time that I could cancel at any time for a refund.

    I then cancelled the appointment about a week or so before surgery was due and asked for my deposit to be refunded.

    I was refused - they said you can only get your deposit back if you cancel within 72 hours of paying the deposit.

    The optical express terms and conditions state

      If you cancel a booking for treatment less than 72 hours before the day of treatment, no monies paid by you will be refunded.
      If you cancel a booking for treatment outwith this period, your booking fee will be refunded. If you cancel a booking for treatment outwith this period and your cancellation is made within 72 hours of you making your booking, all monies paid by you will be refunded.
      If for any reason we have to cancel a booking for treatment, and an alternative booking cannot be arranged, your booking fee will be refunded.



    Now my point is that
      If you cancel a booking for treatment outwith this period, your booking fee will be refunded

    means that if I cancel more than 72 hours before surgery is due to take place, your booking fee should be refunded. And a booking fee is money paid to make a reservation. i.e. deposit. So their terms and conditions say I should get my deposit back.

    However optical express are trying to say that because it says
      If you cancel a booking for treatment outwith this period and your cancellation is made within 72 hours of you making your booking, all monies paid by you will be refunded.

    means that I don't get my deposit back. Which seems like a logical absurdity to me.

    I don't see how getting "all monies" back means that

    "If you cancel a booking for treatment outwith this period, your booking fee will be refunded"

    doesn't mean anything. A booking fee is a booking fee.

    I was just wondering if anyone had any similar problems with optical express and how did they resolve them?

    They just seem to be giving me the run around.

    What should I do? Take them to court?

    thx


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