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I think this is shamefull - need advice

  • 24-08-2005 12:24pm
    Closed Accounts Posts: 250 ✭✭


    For the time being I won't mention the company, but about 2 months ago I booked a flight home (I'm not form here). I sent them a deposit of 500euro and all was well. About 3 weeks ago, due to certain circumstances I had to cancel. I wasn't TOO worried as the flight was for December and I figured that by canceling with 4 months to spare, they would refund the deposit.

    Yes...I am THAT stupid. Basically they said no and I got some mumbo jumbo about me agreeing to their terms and conditions etc. etc.

    Their T&C are as follows:

    No contract shall arise until the Organiser has (I) received this completed Booking Form (which has, or a faxed copy hereof has, been signed by the Consumer and by the Retailer as the agent of the Organiser or by the Consumer): (ii) received a deposit or full payment for the holiday: and (III) has issued written confirmation of its acceptance to the Retailer as the agent of the Organiser or to the Consumer.

    According to their own text, as (I) and (III) never happened there is NO contract between us. Surely this negates any claim they have under these T&C and I should have my deposit returned ?

    I have been down the nice route and exchanged civil e-mails and basically just been stonewalled or ignored. I am now going to start upping the ante as I'm getting very sick of this. Anyone have a suggestion of where to start ?

    I'm thinking lawyers letter.

    The thing that really bugs me is that I would have become a frequent customer of theirs (once a year at least) and they have now lost 2 customers for life and don't seem to give a damn.

    p.s please don't mention Office of Consumer Affairs..........waste of time