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    • G CARS RESPONSE TO CLAIRES EMAIL   Hi Claire When you get the bonnet painted on the golf please ask the repairing garage to email us a vat receipt in the name of Gemcars ltd and we will pay another £112.50 contribution towards the repairs directly to the garage.  This can be done on the same day so it will not affect the garage releasing the car to you We can pay this directly to them via card over the phone This will bring the total contribution to £262.50 which equates to ¾ of the total cost Normally we would contribute 50% in a betterment situation but as you obviously feel very strongly about this matter on this occasion we will pay ¾ of your £350 quotation as full and final settlement in this matter Should you feel this is still not acceptable then you can of course bring it to us and we will have the bonnet painted whilst you wait at no cost to yourself  (apart from a few hours of your time)   Sincerely Mark and Gina
    • CLAIRES RESPONSE TO OUR EMAIL   Hi Mark,   I have addressed the fact that I do not bully or blackmail and am mortified you would take it that way!    I will address your comments by paragraph also: My issue is not about how many stone chips anyone would expect, or how many there are on your wife’s car. it is about what you stated in your video which is not up on your website now. You did not mention when you asked the man who cleaned the car prior to delivery, just that you had. Then when I asked you whether they could be rectified by way of individual chips, you said to me I could not as there were hundreds and it would need respraying (and yes, I had assumed this was an estimate not that you had counted them). This to me indicated that you knew the bonnet had more than just the odd stone chip here and there on the front of the bonnet. I stated I felt you had deceived me, because as I stated before I have been told this by professional sprayers who have been in the business a very long time. Yes, you mentioned over the phone that I was the first person to complain in over 50 cars.  Your video was under 17 minutes and appeared as if you were pointing everything out on it including the odd stone chips to the front of the bonnet. Eco a toy what I would expect is how it was shown and described. Yes, I am happy with the car itself apart from this issue. The odd stone chip touched in here and there on the bonnet was what was described and expected. I do my research and Car Gurus checker is one of many market values. Also, from the cars I had checked (and yes, a few were one owner with full service history. One with a few more miles on the clock and another with less). I did not state that stone chips should not be touched in, but that I had been told they were done badly and ineffectively and that they would have been better off left alone (which I took in the context of the conversation to mean being done properly by a professional). You asked me what would make me happy after telling me the cost would be £150 for you or more like £200 here to have the work done you had told me. I had not negotiated any discount off the car at all and had reserved at the price advertised. My ex husband was in the car business and it is anticipated and wholly accepted to negotiate prices on used cars. This can not be compared with a a general store purchase. I purchased a large value item which was not as described. The delivery cost is what was negotiated, nothing else. You reimbursed for a job which I can not get done for anywhere near the price. Yes you are certainly misreading it as I explained in our earlier communication! I am sorry if you took this the wrong way and I should have elaborated that at the time. If you need this clarified, I would be happy to get you character witnesses to confirm to you that I am the opposite sort of person to even consider that type of behaviour. I apologise again that you found my email very rude, it was not meant that way at all. I am just really upset by this whole thing.   Whether your offers are meant to be rude or not, I find some of the comments as such.   As mentioned in our earlier communications, all I want is the car in the condition as advertised. I am still happy for you to collect the car, rectify the issue and deliver back to me or a refund closer to the cost of this. Although I trust the quotes I have, I can keep searching for a cheaper price. The bonnet is not in the condition as advertised (I can count and document tomorrow in daylight if you’d like).    Regards Claire
    • GEM CARS REPLY TO THIS EMAIL   Hi Claire   You are obviously upset which we don’t want So I have a couple of solutions below I must say I’m not grumpy or mardy or angry or upset. I’m not trying to have a go or start an argument but your email did sadden me greatly I always work better with people that talk things over rather than going straight for the jugular Anyway I have addressed the comments in your email matter of fact and I have some solutions below My main priority is your happiness with the car and the outcome, but unfortunately I wont be bullied into paying over the odds for a repair You need to appreciate that to fully paint the bonnet is betterment as such its not fair to expect the full amount especially as I have sent you the full amount that we would pay already. As you have already said neither of us needs to be thinking about your stone chips all weekend so hopefully this email will be the last one   If its ok I will address each paragraph one at a time   1; I didn’t deliberately deceive anyone I clearly state that the bonnet has odd stone chips here and there and odd stone chips on the front edge (I’ve just watched my video to be sure) (those are my exact words) (please feel free to double check I’ve left the video up for you) If I had said no stone chips or one or two stone chips (like I have on other videos)  then I would agree with you but I clearly stated (odd stone chips here and there) Exactly how many stone chips would you feel is acceptable on a 10 year old car with 117000 miles on ? My wife’s brand new golf R with 5000 miles on the clock has 6 already   2; You state that its clear I already knew how bad the bonnet was because I asked our valeter, This is untrue because after you called my wife to complain I then asked the valeter if he noticed the bonnet being particularly bad before I called you back as I couldn’t remember it being that bad, Also you asked if you could get a chips away type company to just come and touch them in, I simply said there are 100s of tiny chips and it would be cheaper to paint the bonnet this was just a generalisation not an exact count of the stone chips (as I said I had to ask the valeter if the bonnet was really that bad as I could not remember) Any more than 20 chips would be too many for a chips away type repair I hardly counted all the stone chips During our conversation this is exactly what I said   3; You accuse me of deceiving you when I stated that it costs us £150 plus vat to have a bonnet painted I have sent you the copy of our pricing structure from our paint shop I told you the truth I have no reason to lie feel free to call them on Monday and check for yourself If you see option 1 below and decide to bring it to us I will happily give you a copy of the bill     4; My 18 Minute video was completely honest and I did not try to deceive anyone with the video We have sold over 300 cars off the back of my videos and you are the first person to complain I would ask you did I state in my video that the car had no stone chips? Did I say one or two stone chips? NO I DIDN’T  I clearly stated odd stone chips here and there which is exactly what it has as you would expect. I would add that when you called to complain I kindly sent you the full cost that we pay to have a full bonnet painted I didn’t argue the case as most car dealers would as we pride ourselves on our levels of customer service I simply asked you what you would be happy with as compensation and you said £150 so I sent you £150 instantly to your bank.   5; You state that the car was priced at the higher end of the market for the year and mileage yet on our Car Gurus checker it showed as £400 behind market value When you checked the prices were the other cars you looked at all one lady owner white 5 door cars with full service history (as this makes a huge difference in price) So NO I disagree our car was very fairly priced and not at the higher end The condition of the car was fantastic for a 10 year old 120000 mile car you have said yourself you are happy with it apart from the stone chips on the bonnet so I’m struggling to understand what you mean by alleged condition? If you don’t touch stone chip in, the metal goes rusty so no I disagree you should always touch stone chips in   6; You accuse me of compensating you dishonestly when I simply asked you what would make you happy and you agreed £150 which I sent you straight away I would also add that you negotiated an additional £100 off the car after you had bought it as I kindly paid half the delivery for you. When you purchase items from other stores how often do you get a discount after you have agreed to buy the item? So you actually have £250 towards the stone chips.   7; No disrespect intended by I have already reimbursed you for what would be my full costs     8; I’m unsure what you mean by “Please do not be concerned with regards to a review, as I will not be leaving one until this matter is fully resolved” To me that sounds like bullying and blackmail but I could be misreading it?   Even though I found your email very rude I still have 3 amicable solutions to offer you   1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet.   2; Accept a full refund for the car and we will collect it next week   3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   Sincerely Mark and Gina  
    • Last question for now   Am I claiming for £47 which was my loss since I sold them on ebay, or am I claiming for the full amount of replacing the lost item, which is around £200 for the eqivalent model new, sadly this white version is only available refurbished from the states for around $160 posted.   I am not after making money but unsure how I proceed here?   In an ideal world my sold item is in my posession but
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Flight class change


johna9
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Can a travel company change the class of a flight to a poorer standard and still charge the same for the holiday? The original booking was made with premium cabin on a return from cuba but they made a mistake in loading flight information and are trying to get us to accept this. We made the booking on the basis of the original flight and paid a deposit. Now they are saying they can't afford to let us go on that basis but will allow us to cancel. This may leave us with limited holiday options because holiday time is booked at work and can't be altered. Do we have a claim?

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I would imagine if you have the particulars of the holiday in writing along with the payment quotation they should honour this.

 

not sure if this is covered in the montreal convention perhaps take a look there

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It doesn't seem to be covered but it is a long document and skimming it there is no mention of class of flight. Thanks for the quick reply.

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perhaps to save you time ring or email a similar airline i.e. if you flights are with BA ring Virgin and ask if they would do the same thing - sometimes they give you the answer quickly so you don't have to trawl though loads of paperwork - cheeky but effective!

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They can't afford it? They work these things out to the penny before they sell them. oh well, somethings happened... very inconvienient for you. :(

 

If you do need to cancel, make sure it is without cost, as it is they who have welched on the contract (be very mindful of this in case they try and charge you....I wouldn't be surprised)

 

I hope you get something sorted for the same price...or less!

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Does the fact that they have accepted payment in the form of a deposit not make this a full contract now. If so surley they should now honour it if not then can any body enlighten me of my usual ignorance.

Had something similar with my wedding ring, got a really good deal but we paid full price though. When they realised the offer only applied to rings in store they tried to reneg but couldn't as we had a reciept with the payment and ring size expected. Just a thought but I though they had to honour the deal now they have accepted money.

Hope you get have a nice trip though.

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Does the fact that they have accepted payment in the form of a deposit not make this a full contract now. If so surley they should now honour it if not then can any body enlighten me of my usual ignorance.

Had something similar with my wedding ring, got a really good deal but we paid full price though. When they realised the offer only applied to rings in store they tried to reneg but couldn't as we had a reciept with the payment and ring size expected. Just a thought but I though they had to honour the deal now they have accepted money.

Hope you get have a nice trip though.

 

I don't think so reading this, which answers a couple of questions in the OP. The difference maybe because this is a service yet to be taken, but as ever, I'm not 100% :D

 

    Significant alterations to essential terms
    12. In every contract there are implied terms to the effect that—
     
      (a) where the organiser is constrained before the departure to alter significantly an essential term of the contract, such as the price (so far as regulation 11 permits him to do so), he will notify the consumer as quickly as possible in order to enable him to take appropriate decisions and in particular to withdraw from the contract without penalty or to accept a rider to the contract specifying the alterations made and their impact on the price; and

      (b) the consumer will inform the organiser or the retailer of his decision as soon as possible.

    Withdrawal by consumer pursuant to regulation 12 and cancellation by organiser
    13.—(1) The terms set out in paragraphs (2) and (3) below are implied in every contract and apply where the consumer withdraws from the contract pursuant to the term in it implied by virtue of regulation 12(a), or where the organiser, for any reason other than the fault of the consumer, cancels the package before the agreed date of departure.
     
    (2) The consumer is entitled—
     
      (a) to take a substitute package of equivalent or superior quality if the other party to the contract is able to offer him such a substitute; or

      (b) to take a substitute package of lower quality if the other party to the contract is able to offer him one and to recover from the organiser the difference in price between the price of the package purchased and that of the substitute package; or

      © to have repaid to him as soon as possible all the monies paid by him under the contract.

    (3) The consumer is entitled, if appropriate, to be compensated by the organiser for non-performance of the contract except where—

     

      (a) the package is cancelled because the number of persons who agree to take it is less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period indicated in the description of the package; or

      (b) the package is cancelled by reason of unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, the consequences of which could not have been avoided even if all due care had been exercised.

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I see what your saying but regulation 12 is based on incidents out of thier control i.e ''(a) where the organiser is constrained before the departure'' , not because they cant do the sums. 11 Doesn't count as it there is no price change,

 

 

I think regulation 4 will help though.

 

Descriptive matter relating to packages must not be misleading

4.—(1) No organiser or retailer shall supply to a consumer any descriptive matter concerning a package, the price of a package or any other conditions applying to the contract which contains any misleading information.

 

(2) If an organiser or retailer is in breach of paragraph (1) he shall be liable to compensate the consumer for any loss which the consumer suffers in consequence

 

They have effectively said the holiday will be one price and they have all agreed then after a while they have refused to honour this agreement and lowered the class, would the OP have agreed to this holiday with at that price and at the class now being offered. I think the ''descriptive matter concerning the package'' is misleading. May be pedantick as it wasn't malicious but they still did it and may sway an arguement.

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