/ Travel & Leisure

Brief cases: is it fair to miss out due to misleading information?

food hamper

Tickets for an outdoor concert, which included food hampers, failed to make clear when the hampers would be available for collection. This led to a Which? member missing out. So what can you do when something you buy comes with misleading information?

On 29 August 2016, Which? Legal member John Bateson bought tickets for Proms in the Park in London for 10 September, and ordered a food hamper from See Tickets to collect on arrival. But at the event, the hamper collection point was closed, so John turned to us for advice.

On our advice, John emailed See Tickets, who replied on 16 September, stating that a full response would come within 28 working days.

However, See Tickets later said that it was unable to refund John, due to his failure to collect the hamper. It stated that an email was sent on 8 September advising that hampers would be available to collect from 1pm.

But this email had in fact only advised that tickets could be collected from 1pm – it hadn’t mentioned hampers. The only advice was on the ticket, which read: ‘Hampers are to be collected on the day from the collection point.’

Our advice

We advised John to reiterate to See Tickets that this was an error on its part as to when the hampers would be available for collection.

We also said he could warn See Tickets that he’d contact his credit card company, and that because he hadn’t been informed of closing times, he could report it to Trading Standards for breaching Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008.

After many emails, John finally received an email in October offering a refund of £72 to cover the cost of the hamper and the booking fee.

The law

Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008 defines a ‘misleading omission’ as a practice that omits or hides information, provides it in an ambiguous way or fails to identify its commercial intent.

Unfair commercial practices are banned by Regulation 3 here and committing these is a criminal offence.

Under section 75 of the Consumer Credit Act 1974, a credit card issuer is jointly liable with the seller for any misrepresentation or breach of contract concerning transactions made using its card, for amounts over £100 and less than £30,000.

If a firm has gone bust or is ignoring your messages, you can get a refund by making a ‘section 75 request’ to your card issuer.

This article by the Which? Legal team originally appeared in the August 2017 edition of Which? magazine

Have you ever been caught out by confusing details on a concert ticket or similar? What did you do about it?

Comments
Guest
kel meyler says:
27 July 2017

We recently booked a late holiday to Mallorca, the original hotel we wanted did not have availability so the holiday operator at the travel company suggested another hotel that had room available. When he gave me the name of the hotel and not knowing it I asked the question was this suitable for families and senior citizens or is it an 18-30 type hotel, twice I asked and twice I was told it was family orientated, so booked. On further investigation it turned this hotel was described as a out a party hotel for young people looking for lively experience in other words 18-30 type clubbers. Needless to say I complained, I have nothing against 18-30’s done it all and got the tee-shirt but for two now senior citizens it was a bit disconcerting. The holiday company eventually changed the hotel for me once realising the holiday advisor had told ‘porkie pies’ just to get a sale. My advice to this holiday company was in future if recommending an hotel be honest and truthful with people when being asked questions about the hotel as giving bad advice can ruin peoples holiday.