How to get refund after misleading statements on website

[Tim noise 99]

I recently purchased a Flight on Opodo

 

The reason I booked with Opodo was because it gave certain assurances that I would be able to cancel my flight and receive a refund if I booked though them. My trip was subject to change so I was shopping around for a flexible airline (for september)

 

The first statement although not misleadign itself, did make me feel more comfortable about the booking:

 

"Free cancellation on most routes and airlines" - now I agree this doesnt say ALL route and airlines, but its already put my mind a little at rest and made me feel comfortable to continue further

 

The final nail in my coffin as it were is the statement on the following page:

 

Trip Cancellation Insurance , a BIG bold blue box stating "Life is Unpredictable - dont lose your money if you need to cancel your trip"

 

now there is a link to the full terms of the insurance, but given his bold statement and believing by purchasing this I wouldnt lose my money if i needed to cancel I went ahead and booked. Had this statement not been there I would not have continued with the purchase

 

 

So correct me if I am wrong but Consumer Protection laws protect me from misleading statements, if a misleading statement is made which leads me to make a purchase I wouldnt otherwise have made then they are breaching the laws?

 

Appreciate any help how to resolve this, Opodo keep fobbing me off to the insurer to make a claim when it is Opodo who own and operate the website and are solely responsible for the content published on it

 

[steampowered]

I don't think you could claim for the "Free cancellation on most routes and airlines" if your route/airline was not covered. That statement is very clear that not every route is covered.

 

If you purchased the trip cancellation insurance, any claim you want to make under the insurance would be against the insurance company. I do not understand why you think the box in the insurance section was misleading.

[Tim noise 99]

I don't think you could claim for the "Free cancellation on most routes and airlines" if your route/airline was not covered. That statement is very clear that not every route is covered.

 

If you purchased the trip cancellation insurance, any claim you want to make under the insurance would be against the insurance company. I do not understand why you think the box in the insurance section was misleading.

 

hi thanks for the reply

 

the insurance box is misleading because there are so many exclusions on the policy that you literally have to be dead or certified unfit to fly to be able to cancel and not lose your money. You can ofcourse cancel and lose ALL of your money at any time!

 

So "dont lose your money if you need to cancel" is entirely misleading ! this is what led me to book the flight!

[steampowered]

Did you actually buy the insurance? Has the insurer rejected your claim?

[Tim noise 99]

Did you actually buy the insurance? Has the insurer rejected your claim?

 

I did purchase the insurance, I havnt yet made an official claim with them since none of my reasons for cancellation are listed on the policy as being eligible for a refund

 

So the misleading statement on Opodos website regarding the trip cancellation is the insurers fault and not Opodo?

[ssparks2003]

All insurance whether travel, car or pet will have a list of exclusions, you can not just make an assumption that there are no exclusions because you could not be bothered to understand what you had purchased or were about to purchase and then get the sulks on when you find out that your assumption was wrong in the first instance

[Tim noise 99]

All insurance whether travel, car or pet will have a list of exclusions, you can not just make an assumption that there are no exclusions because you could not be bothered to understand what you had purchased or were about to purchase and then get the sulks on when you find out that your assumption was wrong in the first instance

 

 

So if someone told you that "You wont lose your money if you need to cancel" you wouldnt feel mislead at all?

[Tim noise 99]

So if someone told you that "You wont lose your money if you need to cancel" you wouldnt feel mislead at all?

 

 

The Statement "dont lose your money if you need to cancel" is false/deceptive message as per the Consumer Protection from Unfair Trading. I am trying to establish whether its Opodo or the Insurer who is at fault since the misleading message was on Opodos own website I assumed it was them since they have sole access their website design and content

 

2. Regulations that affect advertising

Advertising to consumers

The Consumer Protection from Unfair Trading Regulations mean you can’t mislead or harass consumers by, for example:

 

including false or deceptive messages

leaving out important information

using aggressive sales techniques

Read ‘The consumer protection from unfair trading regulations’ for the rules on advertising legally.

[ssparks2003]

Looking at the screen shot you posted just below the box you tick to purchase the insurance it says "This policy provides the following cover*" and then lists your cover. All good so far; yet the * at the end of the sentence is a reference point to the text at the bottom of the page, have you read that? Or are you relying on assumption?

 

*Subject to terms, conditions, limitations and exclusions of the policy

 

That seems fairly clear that there are exclusions. Additionally the bit that you are hanging your claim on has a video camera graphic; would I be right in asking if this is a link to a video that tells you about the insurance they are offering.

[Tim noise 99]

I just checked the site again, the blue box with the camera ICON doesnt have a hyperlink attached to it , it is just an image (i will download the HTML source now incase it gets changed)

 

The BLUE box which says I can cancel without losing me gave me the assurance I needed to not read the terms and conditions. Had the misleading blue box not been present on the page I would have read the terms and conditions and then not booked the flight through opodo

[Tim noise 99]

Look at the bluebox, where its positioned, what it says and how big it is, its on the right hand side to draw your eyes away from whats written in small print. clearly the blue box is there to hit you in the face and jump out at you to distract you away from the much smaller text regarding the terms and conditions. Its so obvious what the purpose of that box is its unbelievable

[ssparks2003]

I suggest that you start with a complaint to the ASA and they will review whether there has been some hokey advertising, personally I don't think there has been but I willing to be proved wrong

[Tim noise 99]

I suggest that you start with a complaint to the ASA and they will review whether there has been some hokey advertising, personally I don't think there has been but I willing to be proved wrong

 

thanks i sent over the report to the ASA

 

I dont hold out any hope though because Eurocarparts advertise ANY PART FOR ANY CAR, but they actually dont provide all parts for all cars, which is also a bit misleading but not according to the ASA

[Guest]

Eurocarparts advertise ANY PART FOR ANY CAR, but they actually dont provide all parts for all cars, which is also a bit misleading but not according to the ASA

'any make, any model'. ye olde 'invitation to treat'. no terms/contract re.

wld that apply re your circs?

[Tim noise 99]

'any make, any model'. ye olde 'invitation to treat'. no terms/contract re.

wld that apply re your circs?

 

will see what the ASA and TS have to say, although going by previous correspondance with the ASA its going to be a while before I hear anything from them

[Guest]

will see what the ASA and TS have to say, although going by previous correspondance with the ASA its going to be a while before I hear anything from them

ok.

i don't know. hence asking. you said there was a link to the terms etc.

yeah, asa will prob take awhile