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Hi,
I recently booked a vacation, paid £100 deposit and cancelled a few weeks later which was 30 days before the vacation. I resigned myself to losing the £100.
Consequently, the vacation operator got in touch to say that I owed them the full amount as I did not cancel at least 42 before the vacation start date - they said this is their cancellation policy.
I said I couldn't pay and they have since initiated a small claim against me. In the interim I have reached out twice to say first I will pay any incurred loss that they can demonstrate and a second email
offering £200 in addition to the already taken deposit. I have heard nothing back.
I went back to their website and checked a few things. Even though they have a 'terms' page, there is no tick-box or anything similar to say I agree to them. I was able to re-run through the booking process and did not see a tick-box to agree. I got to the area where I had to enter credit card details and again, no tick-box to agree to terms - I didn't press 'pay' so I'm wondering would the tick-box appear then?
In any case, if the tick-box is not after 'pay', which I assume it would not be and given I have not agreed to terms I think the claimant will lose and I can also look to get my deposit back?
p.s.: is there any implicit agreement to terms if a tick-box is not present?
thanks for any advice/help
Michael
I recently booked a vacation, paid £100 deposit and cancelled a few weeks later which was 30 days before the vacation. I resigned myself to losing the £100.
Consequently, the vacation operator got in touch to say that I owed them the full amount as I did not cancel at least 42 before the vacation start date - they said this is their cancellation policy.
I said I couldn't pay and they have since initiated a small claim against me. In the interim I have reached out twice to say first I will pay any incurred loss that they can demonstrate and a second email
offering £200 in addition to the already taken deposit. I have heard nothing back.
I went back to their website and checked a few things. Even though they have a 'terms' page, there is no tick-box or anything similar to say I agree to them. I was able to re-run through the booking process and did not see a tick-box to agree. I got to the area where I had to enter credit card details and again, no tick-box to agree to terms - I didn't press 'pay' so I'm wondering would the tick-box appear then?
In any case, if the tick-box is not after 'pay', which I assume it would not be and given I have not agreed to terms I think the claimant will lose and I can also look to get my deposit back?
p.s.: is there any implicit agreement to terms if a tick-box is not present?
thanks for any advice/help
Michael
