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  • 30-01-2018 6:34pm
    #1
    TheBortmam
    Registered Users Posts: 1 ✭


    I recently booked a holiday with a holiday agency however I was no longer able to go on the trip and requested a refund. The agency denied my refund because of terms and conditions. However the site does not show its terms and conditions and I was not asked to tick a box accepting while booking.
    Do I have a case?


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    #2
    Tippex
    Registered Users Posts: 2,918 ✭✭✭Tippex


    TheBortmam wrote: »
    I recently booked a holiday with a holiday agency however I was no longer able to go on the trip and requested a refund. The agency denied my refund because of terms and conditions. However the site does not show its terms and conditions and I was not asked to tick a box accepting while booking.
    Do I have a case?

    It all depends on the site etc. Did you receive a confirmation email?
    If you want to PM me the details site etc I can give you an idea.


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    #3
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    TheBortmam wrote: »
    I recently booked a holiday with a holiday agency however I was no longer able to go on the trip and requested a refund. The agency denied my refund because of terms and conditions. However the site does not show its terms and conditions and I was not asked to tick a box accepting while booking.
    Do I have a case?

    You don't always have to "tick a box" when ordering to agree to terms and conditions, Terms and condition are often displayed via link during ordering process and you are advised by placing your roder you have read and agreed to them,.

    Do you happen to have the website link ?


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    #4
    beechwood55
    Registered Users Posts: 532 ✭✭✭beechwood55


    What was the agency?


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    #5
    Shemale
    Registered Users Posts: 3,376 ✭✭✭Shemale


    If it was a website I think its now illegal to deafult yes to accept Terms and Conditions.

    My advise is to put in a Data Protrction request, might cost you 6.35 but no more, dont mention complaint.

    If they have nothing in the file about issuing T&Cs or have nothing from you accepting them you have a case.

    Citizens Information give free advice as do FLAC


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    #6
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    Shemale wrote: »
    If it was a website I think its now illegal to deafult yes to accept Terms and Conditions.

    I think you are mixing up Personal Data Privacy requirements as required under GDPR (which will come into effect on May 25th) and T&Cs required to form a contract. Under GDPR, companies will have to seek explicit consent from individuals to use their personal data (for certain purposes). That's a different and distinct story to the T&Cs of a contract.

    I'm not sure, but I don't think it's illegal to default yes to T&Cs (open to correction) but they must be made available to you at some stage prior to completion. Otherwise, you are agreeing to a contract where you are not fully aware of all the conditions.


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    #7
    witchgirl26
    Registered Users Posts: 2,158 ✭✭✭witchgirl26


    OP if you had to tick a box for the T&C's were the words for that in blue because then there was a link to their terms and conditions prior to finalising the booking which is all they are required to do. It's often easy missed however.


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    #8
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Shemale wrote: »
    If it was a website I think its now illegal to deafult yes to accept Terms and Conditions.

    My advise is to put in a Data Protrction request, might cost you 6.35 but no more, dont mention complaint.

    If they have nothing in the file about issuing T&Cs or have nothing from you accepting them you have a case.

    Citizens Information give free advice as do FLAC

    Dont think so, Ryanair now auto tick this box when you click "search" on their flights search.


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    #9
    mel123
    Registered Users Posts: 2,210 ✭✭✭mel123


    dudara wrote: »
    I think you are mixing up Personal Data Privacy requirements as required under GDPR (which will come into effect on May 25th) and T&Cs required to form a contract. Under GDPR, companies will have to seek explicit consent from individuals to use their personal data (for certain purposes). That's a different and distinct story to the T&Cs of a contract.

    I'm not sure, but I don't think it's illegal to default yes to T&Cs (open to correction) but they must be made available to you at some stage prior to completion. Otherwise, you are agreeing to a contract where you are not fully aware of all the conditions.

    GDPR - im confused on this. Is it for individuals as in employees and how their data is handled AND an employees customer base also?
    For example i sell chips in to mcdonalds, so i have a load of information on my system about mcdonalds and its branches etc, is this also what GDPR is about?
    Sorry to jump on the bandwagon of this thread


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