Complaining about goods and services – all you need to know

There are loads of posts on complaining about goods and services on the blog. Here for ease are links for you to find the information most relevant to your issue.

Goods and consumer law

A Guide to the Consumer Rights Act 2015 – the main law covering faulty goods and services

What you need to know about the Consumer Rights Act 2015 digital content additional information

How to use the Misrepresentation Act 1967 all areas of the Act

The Acts of law protecting you from poor service & faulty items particularly useful for items and services purchased before 01 October 2015

Using consumer law regarding goods stories

When flowers aren’t delivered: What to do a quick story regarding complaining flowers not delivered.

BHS customer care mistakes which made it look like it didn’t care! Although BHS is no more this story covers what you can do when a piece is missing from a product and you don’t want to take the item back, you want the piece!

How to beat Uncle Tom Cobley’s customer service a story of the rare occasion when it may be better to deal with the manufacturer

How to complain about an item over a year old and how not to be fobbed off

Services

A Guide to the Consumer Rights Act 2015 – the main law covering faulty goods and services

How to use the Misrepresentation Act 1967 all areas of the Act

The Acts of law protecting you from poor service & faulty items particularly useful for items and services purchased before 01 October 2015

Using consumer law regarding services stories

How to get the cream (without being a clot!) a story of complaining about poor service when wanting a cream tea!

When flowers aren’t delivered: What to do a quick story regarding complaining flowers not delivered.

Deliveries

What happens when a business doesn’t prepare for a promotion story of how a delivery was late, then packaged badly causing damage. The claim.

Your Rights, mail order, online and deliveries all you need to know

All you need to know about unsolicited goods

Your Rights, Mail Order, Online and Deliveries all you need to know

Specific sectors

Electricity pylon Everything you need to know to complain about energy problems

 

All you need to know to make a complaint about energy

 

 

lap top on woman's knees phone in one hand

 

All you need to know about complaining to telecom providers

 

 

Look out timber frame on a beach "researching, booking and complaining aabout holidays and flights. Tips, ideas and your rights"

 

All you need to know about booking/complaining about holidays/flights/travel

 

Taking thing further

How to contact CEOs when and how to get contact details

Alternative Dispute Resolution (ADR): What it all means post that explains what it is all about and how you can use it.

Landing in court with Ryanair warning about using AviationADR when dealing with aviation complaints

Ombudsman Omnishambles and More Ombudsman Omnishambles the research reports looking at how some ADR schemes such as the one run by Consumer Dispute Resolution Limited which used to run The Retail Ombudsman and lost the title are being approved and monitored.

Tips on complaining

Top 20 Tips How to complain effectively! Lots of tips and advice

How to write a letter of complaint a sample letter written regarding a complaint to Sharps about fitting a bedroom.

Everything everyone needs to know about call centres the secrets of how they work and how to beat them

What happens when a business doesn’t prepare for a promotion outlines how you can get to the front of the queue of complaints.

Why you suck at complaining (and what you can do about it) not good at complaining? The reason and what to do about it may be here!

Why you should write not ‘phone to complain effectively whenever you can you should write not phone, here’s why.

7 Common fob offs that companies use to not give refunds! typical fob offs and how to address them!

15 Great words to use in complaints helpful to use in those emails!

10 Types of Complainer Which Are You? check yourself out!

Social media

The twitter symbol How not to complain on Twitter

Is social media an effective method for complaining?

5 ways how not to use Twitter to complain (and 5 ways how you should)

 

Questioning why you should complain

7 Questions you should ask yourself if you don’t complain!

Warning: How not complaining drives up fat cat profits!

Complaining in the EU

What did the EU do for consumer law? various consumer laws that cover you when shopping in the EU.

What to do when your flight is delayed – the full guide everything you need to know about delayed and cancelled flights, your rights and how to take matters further and a warning should you use AviationADR

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

For more advice, consumer laws and template letters GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

 

 

Nearly everything you could ever need to make a complaint about anything!

All you need to know about the Package Travel and Linked Travel Arrangements 2018

The new Package Travel and Linked Travel Arrangements 2018 have replaced and considerably modified the former 1992 Package Travel, Package Holidays and Package Tour Regulations 1992. The new regulations came into force on 01 July 2018. Holidays taken prior to this will be covered by the previous regulations.

A package holiday definition

A package holiday is one that has at least two components, all as part of a ‘package’ for which you pay an inclusive price: transport (such as flights, transfers etc.) accommodation and/or another tourist service which makes up a significant proportion of the package. It must last more than 24 hours.

If you submitted one set of payment details with a total price and didn’t have to re-enter them and completed the transaction within 24 hours, this falls into the definition of a package.

The organiser (tour operator) is liable for the financial failures of hoteliers, suppliers and services within the terms of the contract.

Linked travel arrangements (LTA)

If you purchase a minimum of two different types of travel service from different providers this is not a package travel arrangement. However, if you buy two or more types of travel service together, put together by the travel organiser and you purchase both within a 24 hour period, this is a Linked Travel Arrangement.

For example, you buy a flight with a link to a hotel provided by a different company. If you buy an online flight and then have a link on the aircraft website to an accommodation website, where you purchase a hotel in a separate transaction.

The travel organiser must provide information to you in the same way as it does for a package. (See below).

An LTA does not give you the same protection that the package does. The organiser is not responsible for the service provided by the companies. However, it is responsible for providing financial protection for the refund when a travel service is not carried out due to insolvency. If it is responsible for the carriage of passengers – for example their airline flights – then it is also responsible for their repatriation.

Information

The Organiser must clearly state the details of the booking in a Standard Information Form, before you make any payment. The travel organiser also has to provide you strict details of the contract laid out in the Schedules to the Regulations, to accompany the confirmation invoice. This should include specifics of any arrangements, dates, times, costs, meals, excursions included/excluded, activities, transportation, cancellation fees, contact details for the package organiser, information on compulsory/voluntary insurance regarding repatriation in the event of illness/death/accident, and/or the cost of termination of the contract by the traveller. Interestingly, it must also inform the traveller about visa and passport requirements. See Foreign Office in epic fail on passport validity information.

Organiser makes changes

The Regulations state that an organiser must inform the traveller clearly and without undue delay. The organiser must provide the traveller with the option to terminate the contract without paying a termination fee if:

  • it has no choice but to significantly alter the main characteristics of the package

or

  • cannot fulfil any special requirements of the traveller which the organiser has previously accepted (paragraph 1 of Schedule 5)

or

  • increases the price by more than 8%

You should be given a reasonable length of time to respond to the above. If you do not, the organiser must send you further communication with a deadline. If you still do not respond the organiser will terminate the contract and refund all payments within 14 days.

Traveller chooses to terminate a package

At any time before your package starts, you can terminate the contract. However, you may have to pay the organiser an appropriate fee which they can justify. The fee will take into account costs that the organiser no longer has to pay to a third party. It should also take into account “alternative deployment” of travel services. This is where the organiser has been able to sell a part of the package to someone else. There may be cases where the organiser has not been able to do this and decisions would be made on case-by-case basis.

For example, it would be justifiable to not reimburse the price of an air travel ticket if the organiser cannot cancel or sell it on.

Reasonable termination fees based on the above and the length of time between cancellation and the start of the package must be specified in the contract.

If there are unavoidable and extraordinary circumstances at the destination (or in the immediate vicinity which would affect the travel to the destination) of your package travel contract, such as war, security risks etc. you can terminate the contract without paying a termination fee. You should be fully refunded within 14 days.

Redress

The consumer is entitled to redress for a variety of things dependent on what regulation has been broken and when.

Loss of value –  the difference between the cost paid for the holiday and the one received – e.g. the cost of a 4-star hotel which you paid for and the 2-star hotel to which you were moved.

Out-of-pocket expenses – incurred reasonable costs as a result of the breach of contract – e.g. having to pay for taxis when travel paid for was not provided.

Loss of enjoyment – compensation for the disappointment and distress caused by things going wrong – e.g. no children’s activities which were advertised.

Personal injury, compensation for any personal injury incurred abroad – e.g. medical bills, consequential loss etc, but specialist legal advice is thoroughly recommended for personal injury claims).

Package Travel and Linked Travel Arrangements 2018 on a sunsetFor more information, stories, laws and advice see All you need to know about booking/complaining about holidays/flights

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

and for lots more help, tips, guidance and templates All you need to know about booking/complaining about holidays/flights