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Aug 24th, 2023
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Joined: Aug 2013
Posts: 15,794 Likes: 14
Formerly known as Aldermog Member of the Inner Circle
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Formerly known as Aldermog Member of the Inner Circle
Joined: Aug 2013
Posts: 15,794 Likes: 14 |
It was reported in the Daily Telegraph a few days ago, I don't recall any specific details other than it was the outcome of a claim made by a customer about a bad overseas hotel booking experience, resulting in them having to re-book elsewhere.
They tried to claim their out of pocket costs against the UK card company and the booking site under Section 75 of the Consumer Credit Act. I think they took the matter to Court, but failed: the ruling was that their contract with the booking site was simply to arrange a booking, which they correctly did, so there was no possibility of liability under Section 75.
They were referred by the booking site and card company to the hotel, who were not in any way interested.
Peter,
66, 2016 Porsche Boxster S
No longer driving Tarka, the 2014 Plus 8...
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Joined: Dec 2009
Posts: 35,777 Likes: 468
Tricky Dicky Member of the Inner Circle
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Tricky Dicky Member of the Inner Circle
Joined: Dec 2009
Posts: 35,777 Likes: 468 |
When you purchase a product from a retailer you have a contract with them. You do not normally have a claim against the manufacturer unless you have been supplied a manufacturers guarantee with the product. This has been highlighted by a recent Court Ruling that confirmed if you book a travel though a booking site, using a credit card and then have a problem with the hotel or car or whatever, the Credit Card is not jointly liable, in the way it is if you book direct with the service provider. This is because your contract is with the booking site, not the service provider. Another very good reason NOT to use booking sites for booking, only for price comparisons. That is very useful information Peter and could save people getting burnt.
2009 4/4 Henrietta
1999 Indigo Blue +8
2009 4/4 Sport Green prev
1993 Connaught Green +8 prev
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Joined: Jan 2009
Posts: 5,880 Likes: 20
Charter Member
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Charter Member
Joined: Jan 2009
Posts: 5,880 Likes: 20 |
When you purchase a product from a retailer you have a contract with them. You do not normally have a claim against the manufacturer unless you have been supplied a manufacturers guarantee with the product. That isn't legally correct or wasn't when I was still working. I cannot remember the details but I do know that the engineering company I worked for had some legal liability in some circumstances right the way through to the end customer. I suspect it was related to hidden ( is not visible to careful inspection) safety related failures. For example internal metal faults in a suspension arm. Brought in by the EU I believe. P.S. found it! Law came in 85 Google EU product liability. And whatever Morgan try to say, it doesn't stop at 12 months.
Last edited by howard; 10/07/18 06:55 PM.
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Joined: May 2014
Posts: 456
Learner Plates Off!
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Learner Plates Off!
Joined: May 2014
Posts: 456 |
I wish I knew this when I was in dispute with Coachman Caravans.
The hadn't tightened the chassis bolts up correctly meaning it wobbled when towing.
Last edited by Lord Sward; 10/07/18 07:14 PM.
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