Kerry Underwood

EXCURSIONS UNDER CONSUMER CONTRACTS REGULATIONS

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I deal with this matter at length in my book Personal Injury Small Claims, Portals and Fixed Costs running to 1,300 pages and three volumes, available for £80.00 including P&P from Amazon here or me here.

You can now book onto my Fixed Costs Autumn Tour – here

In Kupeli and others v Atlasjet Havacilik Anonim Sirketi [2017] EWCA Civ 1037

the Court of Appeal upheld a High Court ruling that consumers who had entered into conditional fee agreements with solicitors in a community centre had not done so “during or after an excursion organised by the trader away from business premises”.

Here the Court of Appeal considered that the committee that had initiated and organised the meeting were representing the consumers/clients and were not acting as agents for the solicitors.

Consequently the solicitors had not organised an excursion away from business premises.

This decision was under the 2008 Regulations, which have since been replaced by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Those new regulations apply in relation to any contract made on or after 13 June 2014.

I reported the High Court decision in my post CANCELLATION OF CONTRACTS AND ADR REGULATIONS – UNIFIED.

It is important to note that the new regulations give clients/consumers protection whenever a contract is not signed on business premises.

Under the 2013 regulations the definition of an “off-premises contract” is a contract “concluded in the simultaneous physical presence of the trader and the consumer in a place which is not the business premises of the trader.

The 2013 Regulations do preserve the concept of a contract concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer.

Thus this decision on the actual point of excursions is only of relevance in relation to contracts still governed by the 2008 Regulations.

However the Court of Appeal confirmed that had Atlasjet been right, in what the Court of Appeal refer to as “their technical point” they would not have had to pay any costs whatsoever.

However, as an Off-Premises Contract now includes any contract included in the simultaneous physical presence of the trader and the consumer in a place which is not the business premises of the trader, I am not sure what the concept of an excursion adds.

Thus the decision reinforces the crucial importance of complying with what are now the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

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Written by kerryunderwood

August 29, 2017 at 8:17 am

Posted in Uncategorized

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