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WA Christmas Accommodation Deposit Refund Dispute

Discussion in 'Australian Consumer Law Forum' started by Bernice Porter, 13 November 2014.

  1. Bernice Porter

    1 September 2014
    Likes Received:
    I am a permanent resident of Australia. My family back in Africa wanted to come and spend Christmas with me this year and booked private accommodation in Rockingham, WA. They booked in May 2014, and paid a deposit of $1000 for the planned accommodation. See bank transfer details below.
    59: Beneficiary Customer - Account - Name and Address
    > [Moderator Redacted - Personal Information]
    > Name and Address: [Moderator Redacted - Personal Information]
    > F70: Remittance Information
    Unfortunately, they had to cancel due to my father getting ill. My sister gave over three months advance cancellation notice in writing and requested the refund be paid to me in WA. The lady - Carley [Moderator Redacted - Personal Information] replied saying she will not refund the deposit, as er the terms and she will only refund if she is able to get someone else booked into the same accommodation.
    However, my sister did not receive any "terms" or sign any contract from this lady.
    I have all the emails pertaining to this entire discussion about the refund and no contract being signed.

    I believe, the national hospitality law in Australia refunds you your deposit if cancelled three months in advance.
    Please can someone help with this? I cannot afford to pay for a lawyer and for something so straight forward, I am sure that I can legal advice for this and have this lady oblige the refund.

    [Moderator Redacted - Personal Information]
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
    Likes Received:
    Hi Bernice,

    1. The company (travel lodgement) can refund deposits according to its own terms and conditions. If you booked online, you will have ticked or clicked "accept" to something that would have contained the company's terms and conditions. Inside the terms and conditions, it will usually contain provisions regarding refund of deposits. Ticking or clicking accept is considered signing.

    2. However, you may try and bring this up with the WA Department of Commerce or the Australian Competition and Consumer Commission and see if they can help you negotiate something with the company given your particular circumstances and reason for cancelling.
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  3. DennisD

    DennisD Well-Known Member

    11 July 2014
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    As Sarah J points out, if you clicked 'yes' to indicate your agreement to terms and conditions when you made your booking, you will be bound by them. Most travel businesses in my experience now include their T&Cs during the booking process, but not all do. First, please confirm with your sister that there were no terms and conditions assented to during the booking process (it need not be by signing a physical document)
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