Legal Advice needed

[Mojoman]

It may or may not make any difference. As mentioned I know of some venues that are accredited and I will not list them on my site as they are certainly not up to standard, be it in a physical sense or the manner in which they will deal with my clients (I can tell you some real Fawlty Tower stories!). However it can give you some leverage if you can contact the relevant tourism body and see if they are able to offer any assistance or negotiate on your behalf (Which at the end of the day is why we have them , to help protect us the service providers and venues as well as yourself, the client).

 

Quite honestly its the crappier venue that have the bad attitudes, they seldom get business and when they do they are pretty unwilling to release you from any payments, even if it is within a reasonable time frame.

[ibruegge]

Not hijacking, just trying to add info re NCA and the commission: lodged a complaint against MTN in January, got below answer last week. Not very promising - but maybe give them a call:

 

"Dear

I was informing about your complain, that i'm escalating to conciliation hearing. Conciliation is a process in which an independent, objective person, without prejudice, attempts to asssist disputing parties to reach an agreement for the resolution of a complaint.

 

Regards

 

M Lance

NATIONAL CONSUMER COMMISSION

Tel: 012 940 4450 (Ext number 390)

Email:

[rattlesnake]

Thanks, that was my next step, I informed the guest house that I was referring my complaint to the National Consumer Comission on the grounds that; (abbreviated)

1. Right to disclosure of info - not disclosed

2. Right to fair and honest dealing

[Mojoman]

Not hijacking, just trying to add info re NCA and the commission: lodged a complaint against MTN in January, got below answer last week. Not very promising - but maybe give them a call:

 

"Dear

I was informing about your complain, that i'm escalating to conciliation hearing. Conciliation is a process in which an independent, objective person, without prejudice, attempts to asssist disputing parties to reach an agreement for the resolution of a complaint.

 

Regards

 

M Lance

NATIONAL CONSUMER COMMISSION

Tel: 012 940 4450 (Ext number 390)

Email:

 

I guess some form of concilliation is what I would expect from one of the tourism bodies the venue in question belongs to.

[mikeMT]

The general rule of thumb is a full deposit is charged if cancellation happens 30 days prior to arrival, 50% before the 30 days.

[JGR]

I would phone anonomiously and ask for those dates and see if they have re booked those dates and time and would give you more ammo if you take it further. That would be highly unethical.

[The Ghost]

I will not list them on my site as they are certainly not up to standard

 

What site is that?

[JGR]

Other suggestions include mail bombing, writing a bad reference on their website, sa venues as well as the tourism office in the area. Hit them in the wallet.

[rattlesnake]

I guess some form of concilliation is what I would expect from one of the tourism bodies the venue in question belongs to.

 

I guess another question would be, just becuase an establishment makes a disclosure of a term (i.e. non refundable deposit); does it make that term legal?

I suppose the facts and circumstances of each case would have to be looked at separately w.r.t cancellation period, refund & cancellation policy etc.

[tabasco]

http://www.nccsa.org.za/

 

All I say is if you dont come right take it up with the National Consumer Comission

 

Consumers have rights in this country now, its not the old days where you could screw anyone you wanted to and get away with it.

[rattlesnake]

Other suggestions include mail bombing, writing a bad reference on their website, sa venues as well as the tourism office in the area. Hit them in the wallet.

 

LOL - I will refrain from mail bombing, but I will name and shame on every online and offline forum I can find if they dont come to some kind of a settlement.

PS - In the meantime PM me if you would like the name of this establishment in case you intend on finding accomodation in Mossel Bay and wish to avoid the same trap.

[Mojoman]

I guess another question would be, just becuase an establishment makes a disclosure of a term (i.e. non refundable deposit); does it make that term legal?

I suppose the facts and circumstances of each case would have to be looked at separately w.r.t cancellation period, refund & cancellation policy etc.

I am no lawyer but I would have thought you can't say one thing somewhere but the law states something else.

However, and I know this as I have worked for some devious folk before starting my own business, some of the smaller venues (as well as some dodgy agents) will keep the money as they know you wont bother to fight it as it will cost you more than its worth at the end of the day.

[JGR]

LOL - I will refrain from mail bombing, but I will name and shame on every online and offline forum I can find if they dont come to some kind of a settlement.

PS - In the meantime PM me if you would like the name of this establishment in case you intend on finding accomodation in Mossel Bay and wish to avoid the same trap.

The trap to avoid would be Mossel Bay!

[rattlesnake]

The trap to avoid would be Mossel Bay!

[reteid]

o no i am going to mosselbay this week.need to sent a pm now and hold thumbs.

[kandui]

10-20% "Admin fee" for cancellation this far in advance would be reasonable. We take a straight R 200 fee for cancellation plus any bank charges, more than 30 days prior to commencement.