RAMADA PLAZA RESORTS
If
you have had an unsolicited phone call from Ramada Plaza Resorts,
saying you have won a holiday,
and you are concerned about giving your credit card details,
On Your Behalf, Trading Standards has drawn up an advice leaflet. Re “Ramada Plaza” Offer – 20
December 2003
With this offer, any rights you have will depend on how you have
paid. If you have paid by debit card, your only recourse is against
a company based in either the USA or Canada, and the costs of legal
action to recover the sum is likely to be prohibitive. It does
seem that people have invariably paid by credit card.
If you have paid by credit
card, and if the service cost at least £100,
you have joint, and several, liability against the supplier of
the holiday and against the provider of the credit, namely the
credit card company. Joint and several liability means that the
two companies can be liable either together or separately. I have
attached a full explanation booklet on this aspect. It does state
the law very correctly and I would recommend that you read it carefully.
If the contract has been misrepresented to you in the telephone
conversation, you can take action against the company in the USA
or against the credit card company.
You may also have an action on this basis. if the contract has
been in any way breached. Breach of contract would usually relate
to the provision of the actual vacation but there may be aspects
of this already in place or readily made available.
If you feel that you come within these criteria then you should
now inform your credit card company in writing, of the basis for
your claim. It would also be advisable to inform the holiday company
in writing as well but I have no details of an address for them
as yet. The phone number given for call backs relates to a Toronto
phone number and the Royal Canadian Mounted Police have asked for
details of complaints from people in Northern Ireland. I shall
take steps to arrange this with your assistance and co-operation.
It is also possible that you have a right to a cooling off period
under the Consumer Protection (Distance Selling) Regulations 2000
and that would mean you have a breach of contract if you did not
get such a cooling off provision.
Further, it is possible that you have rights under The Package
Travel, Package Holidays and Package Tours Regulations 1992 as
they require that a consumer get a written statement prior to the
conclusion of the contract.
Each complainant that I have spoken to has a slightly different
recall of affairs and for that reason I would ask that you call
me directly on 028 9025 3923 so that I can have a better understanding
of your case. The facts will alter your rights and it is difficult
to give a relevant statement of the law without a more exact knowledge
of your individual circumstances.
I should also make the point that this offer is in no way connected
with any Ramada hotel in Northern Ireland and seems to have come
entirely from a sales promotion based outside the United Kingdom.
JAMES F. HUGHES
TRADING STANDARDS AREA INSPECTOR
17th December 2003
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