QLD Holiday Rentals - What are My Rights Under Australian Consumer Law?

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Sasha D

Member
29 October 2016
2
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1
I booked my annual long stay holiday through a real estate agent and asked for a 20% discount. The agent checked with the owner and advised me a few days later it was accepted. They sent an official confirmation with deposit details and confirming that 20% discount was applied.

The next day, they emailed and said sorry - actually the owner's wife doesn't agree to it, and offered me 5%. I have already paid the deposit and am refusing to budge, especially as they gave me a 10% discount last year. They came back asking for my bank details to return the deposit. I'm not giving it to them.

Can they just reneg like this when we have an agreement under Australian Consumer Law? What are my rights? I'm staying 2 months in low season so it's not an unreasonable offer.

Many thanks in advance.
 
S

Sophea

Guest
Hi Sasha,

Since this is not a case of "mistake", I would say you have every right to enforce the 20% discount that was agreed on. Under the basic premises of contract law. You made an offer, they accepted and a deposit was made. Based on the facts you have provided I would say you have concluded a contract that can't be reneged on. If they do breach the contract, you would technically be entitled to sue them for breach or require that they adhere to their obligations under it.
 

Sasha D

Member
29 October 2016
2
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1
Thank you so much for your reply and sorry for the delay.

They've been awful and won't let me proceed with the discount and will cancel the booking. I can't afford to sue them and it won't be worth it. Very bad behaviour. I really appreciate your response even just to know they're doing the wrong thing!

Many thanks,
 

luxuryholiday

Member
20 January 2021
3
0
1
Hi Sasha,

Australian Consumer Law for the travel and accommodation industries sets out the consumer right that are called consumer guarantees. These rights include your responsibility to repair or refund compensation for any damage. The hotel should not mislead their consumer about their prices, images, and amenities.