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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22826
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We book a bach through bachcare every year past 4 years.

Customer Question

We book a bach through bachcare every year for the past 4 years. This year in January we booked and paid a deposit for the same bach. Bach care provided the dates for the event and booked our bach and we paid the deposit. Yesterday we found our bach booking had been booked for the wrong dates by bachcare and were offered other accommodation that is not what we need as now 1 couple will not be able to attend. We asked that as it was their mistake, as they provided the dates for the event and we have booked that bach for 4 years now, to offer the new accommodation to the other people and admit their mistake. They refuse. They incorrectly booked our accommodation on the wrong dates, have had our deposit since January (along with the deposit we paid last year for this years event, so they have 2 deposits) and are refusing to fix their mistake by offering the new accommodation to the other people. Are we within our rights to ask them to do this? What can we do to get them to remedy the situation?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
Your rights are established under the Consumer Guarantees Act. When you buy goods and the services, there are guarantees as to quality and service. This means that if they make a mistake, they either have to refund the money or offer an alternative. There is no reason why they should not bounce the wrongly booked persons, but they do have a choice about refund. So they should have promptly offered to refund for a start. They are however in the same position with the wrongly booked persons, who would no doubt have booked in good faith. So they had to choose between two bookings, and cancelling either one would end up with an unhappy customer. For whatever reason they chose you as the customer who would be unhappy, which would entitle you to recover your deposit plus any damages which result from you having to find an alternative which is suitable for you and your other couple. So if you can find an alternative, the additional costs can be claimed as damages. You can certainly ask them for the new accommodation to the other people, but you could not force them to do so. He can claim a refund and any resulting damages

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