Contracts, the small print & the rule of law

Information and questions about the Law in Spain and Andalucia.
atait
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Contracts, the small print & the rule of law

Postby atait » Fri Dec 11, 2009 5:17 pm

I was given a very exciting 40th birthday present from my Mum, namely a balloon ride with champagne breakfast to be organised by a Spanish Company called emocionday based in Alicante. According to the voucher there was a 6 month validity period before it would expire. Eager to go on the trip I contacted them on a few occassions during this period but was told that I would have to wait until sufficient number of others were available to go together from the nearest staging area (Ronda). The 6 month period ran out but they still assured me that it would be possible to go when others were available. However after 2 years of this, I have been finally told that the voucher has expired and no trip or refund would be possible, where their terms and conditions (on their website in Spanish) allow them to strictly enforce this expiry date irrespective of whether or not it was due to their inability to organise the event.

I wonder if there are overriding principals in Spanish law would make such such contract terms invalid and what would be the best course of action to take against such unscrupulous practices as these.

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Retro P
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Re: Contracts, the small print & the rule of law

Postby Retro P » Fri Dec 11, 2009 5:44 pm

Personally I'd shoot myself if I was incapable of organising this to my satisfaction, you have had two years :shifty:

Dodgy posting??
Ah! the full english!!

markwilding
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Re: Contracts, the small print & the rule of law

Postby markwilding » Fri Dec 11, 2009 6:39 pm

before shooting yourself

Make a complaint to the regional government in Alicante You should ask the company "emocionday" for an Hoja de Reclamaciones If they don't give you one then go direct to the consumer office explaining that they wouldn't even give you the Hoja de Reclamaciones I would also put in writing to the company your intentions.
This has worked for me in the past


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