Avios cancellation

[Peterbard]

I have just attempted to cancel a booking made earlier this week with these, used some miles and paid some with credit card.

 

I was advised that there is a £25 cancellation charge.

 

What I want to know is , are these companies immune from the requirements of the distance selling laws, regulation 8 gives 14 days to cancel.

 

I understand if the departure is imminent, but it is not.

 

There is probably something I am missing.

[marmaris30]

I don't think the Distance Selling Regulations apply to travel bookings, and in any case you'd have had to agree to Avios' terms and conditions to be able to use the points.

[Peterbard]

Thanks for the response.

 

Why don't they apply ? I can see no mention of them in the exemptions to section 8 ?

 

This was a distance sale, made over the phone.

 

Of course terms and conditions cannot "contract out" of a statutory requirement.

[marmaris30]

Not sure why transport is exempt but Which? is a reputable source that confirms this:

 

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations/

 

So unless there has been some misunderstanding that led to them booking something you didn't ask for, it seems they are within their rights to specify the cancellation policy outside of the statutory framework.

[Peterbard]

Thanks for that.

 

It seems that for some reason cancellation period does not apply as you say, or at least that there is no cancellation after they have sent the t and cs, which is why they probably emailed them to me five minutes after my initial booking.

 

I am sure that there would have to be some mention of the exemption within the act, I will keep looking.

[Peterbard]

These are the exemptions listed in the act.

 

13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to

cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of

contracts—

 

(a) for the supply of services if the supplier has complied with regulation 8(3) and

performance of the contract has begun with the consumer’s agreement before the end of

the cancellation period applicable under regulation 12;

(b) for the supply of goods or services the price of which is dependent on fluctuations in the

financial market which cannot be controlled by the supplier;

© for the supply of goods made to the consumer’s specifications or clearly personalised or

which by reason of their nature cannot be returned or are liable to deteriorate or expire

rapidly;

(d) for the supply of audio or video recordings or computer software if they are unsealed by

the consumer;

(e) for the supply of newspapers, periodicals or magazines; or

(f) for gaming, betting or lottery services.

Recovery of sums paid by or on behalf of the consumer on cancellation, and return of

security

 

14.—(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse

any sum paid by or on behalf of the consumer under or in relation to the contract to the person by

whom it was made free of any charge, less any charge made in accordance with paragraph (5).