Ripped off and misleading?

DEvok on 21/04/2014 - 16:57
Last edited 21/04/2014 - 21:16

I'm currently on my queensland trip for 10days, just finished up at cairns and now at Townsville. My girlfriend found a 35% discount coupon in a booklet for a cruise for a ferry service costing $180, the company for the cruise is

http://www.fantaseacruisingmagnetic.com.au/

The coupon clearly states that to have the 35% discount you must book online. from the beginning of the payment and to the end there was no indication of any discount!? So right away we emailed the company regarding of this issue, and we received a reply saying they refuse to refund for the correct amount.
The voucher never even me mentioned anything about calling up, shouldn't be our fault, this is poor customer service and very misleading.
This is the email.

Hi there,

We see your booking there but unfortunately you should have called up or e-mailed yesterday to enquire about the voucher. Because you have gone ahead and ticked our Terms and Conditions and paid on the Internet we cannot reverse an Internet Payment.

We wish you all the best with your trip to Magnetic Island.

Kind regards
Reservations

General Discussion

Comments

  • [Deactivated] on 21/04/2014 - 17:17
    +1

    Prove me wrong but ticking the terms and conditions probably blew your chances of getting a refund

    • SirFlibbled on 22/04/2014 - 09:38
      +4

      Nope. Their advertising forms part of the terms and conditions. If they advertise something, their T&Cs can't negate that. That would be a false or misleading statement then.

      The offer can have T&Cs attached to it too though such as must book online between midnight and 1am or some such.

      Mind you I can't be bothered looking at their advertising.. but really it comes down to how it's said.

      • andy19363 on 22/04/2014 - 10:08

        The fact that they clicked 'pay now' at the $180 price means that they agreed to the price of the service. What this situation amounts to now is a 'change of mind', which is up to the retailer if they wish to provide a refund. They are under no legal obligation. It may be that if the service didn't run, or was different to what was described, then they would be entitled…. as it stands they aren't.
        How does the retailer know that they didn't pick up the voucher the day after booking at full price? Or that they've just discovered that they can get there cheaper by another carrier?

        There are no doubt issues with the advertising and voucher, but they are somewhat separate to this, as the service and price were agreed to by the OP.

        • SirFlibbled on 22/04/2014 - 10:45
          +2

          No it doesn't. Sure they shouldn't have agreed to the full price but it doesn't change the fact that there was an advert which puported to be a discount and stated how to get that discount.

          In short, you cannot override an advertisment through T&Cs.

          Even if the consumer picked up the brochure after booking online, the brochure would still be in play as they did what was required. Basically the business screwed up as the website should have automatically inserted the discount for everyone as per the terms of the advertisment regardless if they had seen the advert or not.

          You may have an argument if the voucher has a discount code which was required to be entered at the time of booking. On of the problems with printed brochures is they are 'forever' unless the business puts a date on them. Which is why you will often see things like "*offer valid until 31 December 2014" which allows them to change the deal after that point.

          The fact that the advert just says "book on our website to get the discount" and the discount is not being applied is, prima facie, false and misleading.

          But yes the OP shouldn't have booked when the full price was presented and should have enquired.

        • andy19363 on 22/04/2014 - 11:11

          As I said, for sure there are issues around the advertising, however it doesn't change the fact that the OP agreed to pay the full price. They are not entitled to a refund.
          Perhaps they might be offered one as a goodwill gesture for highlighting the problem to the service provider??.
          The other thing to consider, is who created the voucher?…. was it fantasea or Jam Corner?…. Has there been some kind of communication breakdown between the two?

        • SirFlibbled on 22/04/2014 - 11:51
          +3

          Except that the advert is part of the contract. They can assert that right under the contract.

          If I was them I'd take it to fair trading and see what they say but in my learned opionion they have a reasonable argument.

        • andy19363 on 22/04/2014 - 12:13
          -1

          Except that the advert is part of the contract.

          How so?….. there is seemingly no proof that the ad was part of the contract?…. The OP didn't phone or email until after the contract was made. As you said, no code or special web address…. To all intents and purposes, OP was just a regular punter.
          At present it boils down to 'he said/she said'

        • SirFlibbled on 22/04/2014 - 12:53
          +3

          Simple contract law. I'm not going to write a long post about this but advertisments can and do form part of the contract when they are an offer to the world like this. This offer was clear - book online and save 35%.

          While they can rescind the offer before acceptance, this needs to be made clear. In this case it wasn't unless you want to argue that the full price displayed is a rescission (but it is unlikely to be considered so but an error by the vendor).

        • QW3RTY on 22/04/2014 - 13:13
          +1

          The voucher cannot form part of the contract of sale unless the terms and conditions under which the ticket was purchased makes explicit reference to the voucher. This protects the company from people calling up for money off their ticket, once they catch word of there being a discount voucher.

          Hindsight is 20/20, but I'm calling up to enquire every time to ensure that my discounts are applied prior to handing over my credit card information for processing.

        • SirFlibbled on 22/04/2014 - 13:54
          +1

          There doesn't need to be explicit reference to the voucher. The voucher just needs to be an inducement for it to form part of the contract.

        • voteoften on 22/04/2014 - 13:57

          I cannot believe anyone is actually arguing law with you, unless they are a lawyer.

        • QW3RTY on 22/04/2014 - 16:15
          -3

          I disagree. Contracts are products of mutal agreement to the terms contained within them (including legislative conditions and obligations). No term? No obligation. Really is as simple as that.

          In addition to this, the requirements and actions requested by the company are clearly stated on their website.

          "Are you booking for … Any applicable discounts? … If the answer is yes to any of the above, we are unable to process your booking through our online system.
          Please complete and submit our alternative booking form below or contact our friendly staff on XXXX XXXX."

          If the OP booked online without taking this information into account — then for all intensive purposes, he's agreed to book under a certain set of conditions. The website is incredibly clear with this information.

          However, if the OP had any problems with the conflicting terms:

          "Must be booked online" ~ Voucher
          "We cannot complete booking online with discounts" ~ Website

          Then that's a matter for the ACCC. But I'm sure if you called this company as requested, a result could have been reached. If not, then you need to wave around your printed copy of the Australian Consumer Law a little more vigorously.

          Anywho, I'm going to get out of my arm chair and take of my lawyer hat.

        • SirFlibbled on 22/04/2014 - 16:48
          +6

          Open up any contract textbook. Turn to the chapter entitled 'Offer' and have a ready.

          A common case about 'offer to the world' is the famous carbolic smoke ball (which is more than a case about puffery) which does show that an advertisment CAN and DOES form part of a contract.

          If they are rescinding the offer, which they can do any time before it is accepted, but it must be communicated (this should also be in the chapter called 'Acceptance' in the same textbook).

          There would also be a chapter on misrepresentation and inducement which also can have a material affect on the terms of the contract.

        • QW3RTY on 22/04/2014 - 17:10
          -2

          But by not following their procedure for discounts, he can't qualify. You can't claim misrepresentation when you've gone against their clear procedure for claiming the discount.

          They haven't rescinded the offer, it's still available until 31 December this year. For all intensive purposes, this is the OP's blunder.

        • SirFlibbled on 22/04/2014 - 21:25
          +3

          The advert stated "book online" he did that.

          The question then is which provision (the book online statement) or the (contact us statement) prevails.

          I'd argue the first. Why would you advertise to book online and get a discount if they weren't apply the discount online? The second statement would therefore show a lack of good faith which a contract is built upon.

          An example (and this really happened) was a person buys an item for their home. The sales person promises them the item would be installed by christmas. When they went forward with the purchase, they were asked to sign dozens of documents (the usual - "sign here and here and here"). One of those things was a waiver stating due to the high volume of orders they could not deliver before Christmas. The customer won in court for the above reasons.

        • Cheshire Cat on 22/04/2014 - 21:40
          +5

          And you were doing so well until you said "for all intensive purposes"……twice

          Argument lost when you can't even have a semblance of knowledge of basic phrases.

          Also…don't you watch the checkout? Our consumer protections are pretty solid when people actually bother to enforce them. If the voucher is legit and not a fake they will have to refund it.

          You can't sign away your consumer protections….not even with dodgy terms and conditions.

        • Captain Obvious on 23/04/2014 - 19:34

          To clarify - Carbolic doesn't establish that an advertisment forms part of a contract, it established that a company can establish terms for a unilateral offer, but generally speaking advertising for a price etc isn't an 'offer', it's an invitation to treat. Two other points though.

          1. As the coupon was integral to you purchasing the service, the company not honouring it would be illegal under Australian Consumer Law 2010, as you may not offer discounts etc to encourage the purchase of a good or service without following through on providing that incentive.

          2. You'd have a probably out with the mistake defence, or could argue the uncertainy principle. Clearly you were signing up to different terms (subjectively) then what the company thinks, so there's certainly a big problem there.

        • SirFlibbled on 24/04/2014 - 08:55
          +1

          You're right about the unilateral offer which is why I mentioned above that they could rescind the offer at any time but it needs to be communicated. Once the offer is accepted, then it does form part of the contract. If the OP is accepting the offer, then they are bound to it otherwise.

  • andy19363 on 21/04/2014 - 17:35
    +6

    from the beginning of the payment and to the end there was no indication of any discount!?

    I maybe wouldn't let it get to the end next time….. You presumably agreed to pay them full price by clicking 'pay' or whatever button it was…

  • Settero on 21/04/2014 - 17:37
    +4

    reverse the charges! they no deserve your business!

  • AMLagonda on 21/04/2014 - 17:40
    +1

    Yep they scammed you and there isnt much you can do…. can you reverse a credit card charge?

    • zelda707 on 21/04/2014 - 19:45

      how is this a scam?

  • DEvok on 21/04/2014 - 18:05

    Problem we need to get to that island, they are the only ferry that can pick up vehicles,.

    • [Deactivated] on 21/04/2014 - 18:46
      +13

      Then go on it and slay them on Trip Advisor later on. Make sure as may people know as possible so they won't fall into the same trap.

  • snappy1234 on 21/04/2014 - 18:08
    +2

    off topic- Sounds like the very expensive ferry to Kangaroo Island in South Australia…

  • zelda707 on 21/04/2014 - 19:21
    +2

    You shouldn't have gone through with the payment when it showed the full amount

  • gevidian on 21/04/2014 - 19:25
    +6

    Their website clearly states that if you have a discount, do not use the online booking. The discount will be given when you present the coupon at the time of ticket collection/payment.

    Are you booking for:
    …….
    .• Any applicable discounts

    If the answer is yes to any of the above, we are unable to process your booking through our online system.
    Please complete and submit our alternative booking form below or contact our friendly staff on (07) 4796 9300.

  • DEvok on 21/04/2014 - 20:15

    Sorry the cruise is booked was for
    http://www.sealinkqld.com.au/magnetic_island_ferry_timetable…

    Not the fantasea.com.au that's one of the cruises boats owned by the same company.

    Sealink does not even say anything about vouchers.

  • DEvok on 21/04/2014 - 21:14

    This is the right site both links are incorrect.
    http://www.fantaseacruisingmagnetic.com.au/

    • andy19363 on 21/04/2014 - 21:20
      +4

      Maybe just stick to buying things in shops or over the phone….

  • ozhunter on 21/04/2014 - 22:23
    +2

    from the beginning of the payment and to the end there was no indication of any discount!?

    So why did you go ahead and pay?

    • gevidian on 21/04/2014 - 23:17
      +6

      Because he was confused. Needs to pull his head out. His original post stated Fantasea. I then posted the T&Cs on vouchers and then he states it was actually Sealink. Someone else posts the cheaper prices for Sealink and then he links the Fantasea website again. What the #$%^&???

    • tomwood on 22/04/2014 - 04:28

      lol!

  • DEvok on 21/04/2014 - 23:20
    +3

    Here's the voucher
    https://imageshack.com/i/n64avtj

    Just received 2nd reply from them which was from a supervisor. they said they will look into it and see if the voucher does say online only…

    Hi there again,
    I am sorry for the confusion. I will look into that particular voucher agreement and if it does say to book online we will refund the difference to you straight away. What is this voucher from….if you could let us know and we will sort this out for you straight away.

    • Cheeper on 22/04/2014 - 00:17
      +7

      and… the voucher says book online… congratulations…
      I doubt you were the first caught by this little trick?

      Total BS about them not being able to arrange a refund..

    • chichi on 22/04/2014 - 09:27
      +2

      Definitely says book online. Dodgy.

  • spychiatrist on 22/04/2014 - 08:03
    +1

    Hopefully the dodge is not a hint of things to come when you're cruising

  • nickj on 22/04/2014 - 08:28
    +2

    Ask to speak to a manager, explain the situation, and if they still won't fix it call your credit card company and reverse the charges on the discount amount. The coupon clearly days to book online, so include this in the documentation for the credit card company dispute. Then slag them off on tripadvisor.

  • wayacos on 22/04/2014 - 13:52
    +2

    If paid by credit card,get the transaction disputed and let them weep for your business and then contact the voucher company and advise them.
    My credit union has always come to the party with me.

  • ankor on 22/04/2014 - 20:54

    What day and date did you travel?

    • pmupsinep on 23/04/2014 - 14:43

      Shouldn't just the date be sufficient?

      • ankor on 23/04/2014 - 19:09

        Just a way to avoid typos if the date provided is wrong.

        The voucher is valid Monday to Thursday inclusive.

        So if the ferry trip is booked outside of this, then we don't have to work out all the other stuff referred above.

    • DEvok on 23/04/2014 - 22:57
      +2

      I traveled on 21st 2 days ago, we eventually emailed back saying that if we don't get a refund we won't recommend them and post this on their wall and review sites, so they offered a refund when we arrived upon picking up our tickets.

  • Risser on 23/04/2014 - 17:31

    I actually had a similar experience with GreenManGaming. I couldn't find the the spot to add my discount code, so assuming it's on the next page I clicked next. Next thing you know I've paid full price. GMG where kind enough to credit my account the difference.

    Some sites give you the discount box at the cart, while others are a few "steps" in. This can make it tricky sometimes in knowing if you should advance the order or not. Amazon are good in that they, at the very end after entering in your cc details etc.etc., will ask you to confirm everything on a single page. Only then will they process the order.

  • jdogg on 21/09/2014 - 21:08

    I know this is an old post but it is interesting the company have added this to their homepage:

    'Please note: There is an error for our listing in the Townsville North Queensland Holiday and Travel Guide 2014. To book with the coupon in this guide, please calling us on (07) 4796 9300 and present the coupon on arrival at our terminal. Please note this voucher is not valid during school holidays.

    Please note if you still try to book online with the above voucher you will be charged full price and refunds can not be offered when you collect your boarding tickets.'

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