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Everything posted by StudentInDebt

  1. Good luck but I imagine they will settle out of court.
  2. Claim on your travel insurance. You don't really have a case to get a refund from Ryanair and they are not shy about telling you on their website: Ryanair refunds
  3. In that case the French calls will be at the Zone 2 rate of 75p per minute and the Belgian calls should be included under Passport. Your minutes will only apply if they would have at home (for example on any Anytime contract they would apply at any time, on a Leisure contract they would only apply during evenings/weekends). Probably worth checking all the numbers for destination as further afield will be costing £1.50 per minute
  4. I think you'd better go away and have a look at how Vodafone Passport works. The 75p refers to the connection charge whilst abroad for calls to the UK or within the network country. If you have inclusive minutes then these are used effectively limiting the cost of the call to 75p, once your minutes are up then you are charged the standard UK call charges. If the calls are to countries other than the UK or network or are to premium rate numbers then you pay the standard world rate.
  5. Actually they did have your consent, it is written in the terms and conditions of the offer which you agreed to during the signing up process. Presumably you didn't read them prior to accepting them. Perhaps you should go and look up the definition of theft.
  6. I agree. I would imagine that it all applies to implied terms as well as explicit ones.
  7. There are several questions: I highlighted an interesting line I understand these to be the general tests a court will apply in determining whether a contract clause forms a penalty or liquidated damages. The important thing to show is not that a just that a clause is grossly disproportionate (the argument against the banks) but that it forms a means of deterring a party to the contract from commiting a breach.
  8. I think the legal term is "liquidated damages" if it is proportionate to the costs incurred. I think that you're better off quoting the Dunlop case at them, in particular the summing up: a liquidated damages clause would be considered a penalty and unenforceable where the sum to be paid by the defendant was "extravagant and unconscionable in amount in comparison with the greatest loss that could conceivably be provided to have followed from the breach"[\i] I'm not legally trained but I think you can rely on this alone as it forms a general point of law. You don't say whether yo
  9. How does the Sale of Goods and Serivces Act cover sealed software? Does it make a special exemption to the "Must be fit for purpose and free of defects" rule? Surely if the software doesn't work on your machine then you can get a refund regardless of the state of the packaging?
  10. Presumably the following no longer applies then? I recall the last (and only time) I booked a holiday through a travel agent we were put in a dirty, wet room (leaking fridge, unpainted walls, exposed wiring etc) on our first night. So tired on arrival that we just got into bed and slept. Next morning the rep was around to try to sell us excursions and car hire, an brief expression of interest followed by a polite request for a room move was met by an apology from the hotel owners and the rep, a move to another room (which met our wishlist), free drinks and the promise of upto £5
  11. As a member of the armed forces can you take your employer to an employment tribunal?
  12. Someone who works for a bank once told me that even though the funds may have cleared into an account (after 5 working days) banks can reverse cheques upto 14 days after they have been paid in. I think that although the bank allows you to draw on the funds deposited they may not actually have been paid out by the issuing bank. banking update - cheque clearing problems and but I thought the cheque had been paid - issue 34
  13. It's not £10 though is it. From your original breakdown it is £10.50. As I have said before, on the page after you have chosen which flights you want, under "Total Cost of Flight excluding handling fee (if applicable)" is a link that says "click here for new information on handling fees". If you click on it a window appears explaining that a credit card will incur a charge of £1.75 per person per segment. You had 3 people travelling - 3 X £1.75 = 5.25 You all have 2 segments - 2 X £5.25 = 10.50 I've done the sums on your email excerpt and it would seem that the handling fee is i
  14. You do get details of which charges apply as you book. From the Ryanair homepage put the details for the flight on the left hand side, click on the "search for cheap flights". Then you select your flights and click on "Select and continue". You then get a page detailing the flights you have selected along with the applicable fares, taxes and charges, under Taxes, Fees and charges is a link titled "Details", a popup appears showing what you are paying for in terms of Taxes, Fees and Charges Below the Total cost of Flight is the caveat "Excluding handling Fee (if applicable)". Clic
  15. WCHR - Following Ross Vs Ryanair, Ryanair now charges every passenger to assist with its' costs associated with providing wheelchair assistance to Persons of Restriced Mobility. Aviation - Covers the cost to Ryanair of insurance surcharges to cover against acts of terrorism. All the charges are clearly shown on the website, you click on the details link under the Taxes, Fees & Charges item on the booking page. If you want an explaination then you can find it on here under What is covered by Taxes, Fees and Charges in my reservation?. Never booked a flight with Ryanair, I re
  16. You could give it a go but be sure that it is actually an address for Ryanair and not one of its many handling agents. You can still start action against them using old fashioned paper in your local court.
  17. You might struggle with issuing proceedings against Ryanair through moneyclaim as you will need an address to serve proceedings against them within England and Wales. You should write to the Commission for Aviation Regulation, 3rd Floor, Alexandra House, Earlsfort Terrace, Dublin who are responsible for the enforcement of EU directive 261/2004 in Ireland but I doubt this will yield anything. Good Luck
  18. What was the hotel they moved you into like?
  19. Relevent bit of the regulation Compensation Due under the regulation In the case of a flight cancelled 3 days in advance, the exceptional circumstances as defined in the regulation would probably not apply.
  20. KerryB, regardless of your contract with Lastminute it is the operating carriers' responsibility to enact EU Regulation 261/2004. Did you have to pay for the cost of the transfer and hotel room or was this organised by the airline? Were you paid compensation? You say that you are preparing to send an LBA, have you already contacted Easyjet asking them to resolve the matter? Did you continue with the package that you had booked?
  21. Might be worth a try in the smallclaims court. Not read through the Jet2 t&cs but I imagine that relying on the UTCCR in the first would be the way to go. Perhaps a more lawyerly-like person can help there.
  22. JMC are not owned by Thomson, they are part of the Thomas Cook group.
  23. Have you contacted them about it to see if they will waive the interest payment given your record of making full payments and your intention to pay it on this occasion?
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