Any idea about the legal position regarding these tickets?

Found 26th May 2009
I woud be grateful for an opinion on this. My brother bought some club tickets from a company via a phone line. He was ill and called in advance and was told he would get a refund (verbally). However when it came down to it they reneged on what they had agreed on the phone and referred him to their website and its terms and conditions regarding refunds. They did not mention these at any point when my brother booked the tickets on the phone or even the fact they had a website - my brother had been given the phone number from a colleague and did not even know they had a website. Any idea what his rights are? Surely he can't be bound by T's and C's which were not drawn to his attention/he was not aware of? Thanks in advance.

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9 Comments

Write to the MD.

A couple of years back we had to cancel some flight tickets bought from Opodo and were quoted a number. We sat on it for a while. When we called back to cancel we were told that it would cost that number per ticket. We were not pleased but a letter to the MD sorted it all out. He understood the value of customer goodwill.

I'm afraid you can, the only T&Cs they need to bring to your attention for them to be valid would be significantly onerous terms, which you could argue the toss!

If you think about it you entre agreeements daily which you are not aware of buying a train ticket is a good example, you just buy it, you don't ask to see the T&Cs first!

Original Poster

ms2005;5323688

I'm afraid you can, the only T&Cs they need to bring to your attention … I'm afraid you can, the only T&Cs they need to bring to your attention for them to be valid would be significantly onerous terms, which you could argue the toss!If you think about it you entre agreeements daily which you are not aware of buying a train ticket is a good example, you just buy it, you don't ask to see the T&Cs first!



really? Surely you have to know they exist - how else can they be incorporated into your contract to purchase?

You do have to be made aware of terms and conditions to be bound by them - within reason.

Best example, is a car park. If there is not sufficient notices stating the terms and conditions, say for example, you must leave within a certain time limit or you park here at your own risk, then they cant be relied upon. So if your car gets rammed by a trolley or whatever, there are no notices up, the company will pay out.

blocky;5327032

You do have to be made aware of terms and conditions to be bound by them … You do have to be made aware of terms and conditions to be bound by them - within reason.Best example, is a car park. If there is not sufficient notices stating the terms and conditions, say for example, you must leave within a certain time limit or you park here at your own risk, then they cant be relied upon. So if your car gets rammed by a trolley or whatever, there are no notices up, the company will pay out.



Doing a law degree, are you?!

fairy;5324907

really? Surely you have to know they exist - how else can they be … really? Surely you have to know they exist - how else can they be incorporated into your contract to purchase?



You do know about them, you bought a ticket, you engaged in a transaction with a 3rd party, of course there will be terms and conditions and no judge in the land is going to side with anybody that says they didn't know this.

I'm not saying it's right but it's simple contract law, you enter an agreement ergo you agreed to be bound by the terms, if you didn't read them first then they have no obligation to provide you all the details, like I said before, only clauses which would be deemed to be excessively onerous to be in the usual course of business.

Sorry it's not the answer you want to hear.

blocky;5327032

You do have to be made aware of terms and conditions to be bound by them … You do have to be made aware of terms and conditions to be bound by them - within reason.



I would suggest your revisit nutshells, there is no obligation to bring terms of a contract to a parties attention unless they are, as above "not in the usual course of business"

Well yeh I am but how I know this is far more amusing.

I worked at a diy store, the big theory is if you get a burger van and plonk it in the car park you'll attract builders. All that actually happens is a fatter staff and bigger uniforms. Burger vans cook the food with a propane gas bottle, the same way a BBQ does. So after this big bang, which was the gas bottle exploding, all there is out the window is this van up in flames and a load of melted cars.

blocky;5327032

You do have to be made aware of terms and conditions to be bound by them … You do have to be made aware of terms and conditions to be bound by them - within reason..



That's why I stuck there is a within reason there. I'd argue the tickets being non-refundable is pretty excessively onerous - the same as in my example, parking at your own risk. ;-)

Original Poster

[QUOTE=ms2005;5328313]

I'm not saying it's right but it's simple contract law, you enter an agreement ergo you agreed to be bound by the terms, if you didn't read them first then they have no obligation to provide you all the details, like I said before, only clauses which would be deemed to be excessively onerous to be in the usual course of business.

still not sure this is quite right - you did n't read them first? Surely you need to know they EXIST or be told where to find them? How else do you know there are even any to be incorporated?
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