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RobertJDFL
RobertJDFL, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13884
Experience:  Experienced in multiple areas of the law.
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Is it true that when we do a deal we have a cooling off

Customer Question

Is it true that when we do a deal we have a cooling off period of 30 days? We have just this week paid for a special trip to Orlando Florida USA, and now we realise we can't really afford it. The company "Summer Bay Resorts" do not want to refund our card payment. tHE MOST IMPORTANT REASON WE WANT OUT IS MY WIFE'S HEALTH. Thank You Neil P****.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Sydney-Lawyer replied 1 year ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Is this an australian question and was it a door to door sale?

What state are you in?

Customer: replied 1 year ago.
No this was not a door to door sale.This was an internet deal. We live in QLD Australia
Expert:  Sydney-Lawyer replied 1 year ago.

Good Afternoon,

Where are they located? Did you find them on the internet?

Customer: replied 1 year ago.
This was a so called special travel deal to Orlando FLORIDA WITH FREE ACCOM. PLUS A CRUISE TO Costarica. wE ARE THINKING IT WASA SKAM.
Customer: replied 1 year ago.
Summer Bay Resorts are located in Orlando Florida.
Expert:  Sydney-Lawyer replied 1 year ago.

How much money have you paid?

Customer: replied 1 year ago.
No, not by phone as I have a hearing problem. I just need a simple answer.
Expert:  Sydney-Lawyer replied 1 year ago.

I have referred it to a US Lawyer.

Customer: replied 1 year ago.
We paid by card $a2170.
Expert:  RobertJDFL replied 1 year ago.

Thank you for your question. U.S. contributor here. I am a licensed attorney and happy to help.

There's no 30 day cooling off period on a contract, no. There are several federal laws in the United States (known as "cooling-off rules") that allow you to cancel certain contracts within a few days of signing them. They apply to contracts made during door-to-door or trade show sales, contracts for home equity loans, or delayed mail order or Internet purchases. In addition, some states' laws allow you to cancel contracts for health club memberships, dating services, and weight loss programs. Other contracts, such as to purchase a vehicle, typically cannot be cancelled, unless the contract itself has a cancellation period written into it. So, you'd want to read the terms of the agreement to see whether you can cancel.

Alternatively, if you were mislead into signing the contract or there was detrimental reliance that caused you to enter into the contract, it may be possible to cancel the contract (though it could end up in court). For example, if you were guaranteed a week vacation in a 5 star resort, and were actually sold a stay in a run down motel, then the contract is arguably void for breach of contract, detrimental reliance on the false promise and misrepresentation.

If you paid for this with a credit card, you can try to dispute the matter with the card company also. They will reverse the charge temporarily while they investigate the matter and should they find in your favor then you wouldn't be responsible to pay.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you!

Expert:  RobertJDFL replied 1 year ago.

Summer Bay Resorts is apparently part of Exploria. They are not accredited through the Better Business Bureau (not that it is required) but have a long history of complaints about products, service and advertising. You can see that here.

Expert:  RobertJDFL replied 1 year ago.

Was there some additional information or clarification I can provide you?

Expert:  RobertJDFL replied 1 year ago.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you!

Expert:  RobertJDFL replied 1 year ago.

Please disregard this follow-up post.