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I booked a room for my wife with Pacific Suites Canberra by…

Customer Question

I booked a room...

I booked a room for my wife with Pacific Suites Canberra by phone. I spoke to a man who said he was from Hotels One and I then presumed that company owned the hotel. The booking was made and price agreed for five nights. He said something about cancellation but I could not understand and asked him to repeat. Answer was again garbled then call ended with him saying an email would be sent. The email arrived and it stated price agreed but also had a no cancellation policy and my credit card was debited immediately. It also said I had booked online. I very rarely use booking agencies preferring to phone hotels so that there is no misunderstanding with what is required.I am also open to paying full price to obtain the best product. So in essence I did not request a discounted price and would certainly not have booked if cancellation policy was known and they were to immediately debit my card (without permission). I would have accepted all these issues if the course my wife is attending did not alter one day so it is now three days and not four (I should mention that this is the reason for having an open booking as sometimes the instructors change the length of the course). Also in previous stays at this hotel parking was included in price- apparently no longer the case which was also not mentioned. As I said everything would have been accepted if the change did not happen. I asked for stay to be reduced by one day and that days fee refunded. Would not budge. My wife then said she could do the course in November and I asked if fee paid could be transferred to the new date at normal price. Would not budge. (This is a yoga training course which my wife as an iyengar teacher has to do every year in order to retain her certification.) These people are not being helpful at all and will not even consider any changes. It is hard to believe that the room could not be rented again even for one night.

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

NSW 30 July 2018

Lawyer's Assistant: Have you contacted the seller or manufacturer?

Yes all by email of which I have copies.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The reason for maybe changing to November is that Pauline has a niggling shoulder injury and thought it may help to rest for a while

Submitted: 4 years ago.Category: Australia Law

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Answered in 7 hours by:

8/13/2018

Solicitor: Leon, Solicitor replied 4 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,729

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Solicitor: Leon, Solicitor replied 4 years ago

Good Evening

When you received the email you mentioned it had no cancellation policy.

Also when you spoke to him on the phone and you could not understand what he said about the cancellation did you make it clear that you wanted to know that you were eligible to a refund when you cancelled?

It is important that you recall what you asked for.

If you had made it clear that you wanted to book with the right to a refund if you cancelled then you can take them to court for a breach of the Australian Consumer Laws.

Your request and instructions and what they delivered are the key here.

If you did not make this clear to them and you simply accepted what they said even if you did not understand, the court will find against you.

The law about misleading statements is as follows

https://www.accc.gov.au/business/advertising-promoting-your-business/false-or-misleading-statements

But it is important that you made it clear what you wanted and they mislead you into entering the agreement and they took your money.

If this is not the case then you will have a difficult time getting your money back.

I hope this has assisted you and answered your question today.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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