Yaksha!

And other fellow arguers, letter writers and stubborn folk...

So we were smart enough to book some accommodation in Wellington a couple of weeks ago for our 2 night stay in Wellington for the International Sevens tournament. A lovely place that can sleep 8 people and was listed on the Amazing Accomm at $695/night. So we jumped at the chance, knowing full well how difficult it can be to find accommodation in Wellington over this period. We paid the deposit as quoted some time last week, 50% in advance.

Now the idiot has realised that we've booked over the Sevens weekend and has come back threatening to cancel our booking if we don't pay $995 a night, at a 3 night minimum. This is a $1600 increase on a $1400 booking - now making it just under $3000.

Amazing Accomm say they share no burden of responsibility and that they can not help at all. Fucking hopeless.

How best to approach? I have a mind to bully the guy and threaten to complain to Commerce Commission etc, but my friends are scared and think that he will cancel the booking, leaving us with nowhere to stay.



gc.

No doubt he will cancel if he thinks you have nothing over him. So you need a paper trail (as proof) and you need to find out what options you have for pursueing action that will hurt the bastard if he cancels your booking. I would imagine you should call the Ministry of Consumer Affairs rather than the Commerce Commission. Find out if they would be willing to pursue action, at what cost to him if you win, or if the law would allow you to pursue action, at what cost to you and him if you win, and then hopefully get back to him and threaten him with a big stick (ie expense for him in terms of a fine). You will win the case becasue you probably have proof. His decision will depend on how likely he thinks you are to follow up, and what your following up will cost him. There is no point appealing to fairness in this case as he sees it purely from a self gain perspective.

threaten to go the Herald about it.

Yaksha ... the go to guy for making you sound smarter than you are.

book a camper van, stay outside said accom and dump all ya waste in the driveway

Hah - hardly. Just has a good knack for making a point.

Here's what I'm probably going to go with.

Hi Gary,

Firstly I must say this is an extremely disappointing and surprising situation. We have entered into a legally binding contract with yourself and Amazing Accommodation. After receiving your email I thought it best to seek legal advice, based on the fact that we have already paid a deposit based on your displayed price on a public listing. I have also taken the time to look over the accessible information on the Fair Trading Act, and also looked at some information from the Ministry of Consumer Affairs. Before you consider cancelling our legally binding contract, I would advise that you have a look at these resources yourself.

http://www.consumeraffairs.govt.nz/for-consumers/services/contracts

I have also spoken with Amazing Accommodation. They have informed me that you are responsible for your own listing, and that this is unfortunately your mistake. Whilst I realise that this may have been an honest mistake on your part, you still have a binding contract with us based on offer and acceptance (both through an agent and in your previous emails) and have accepted a deposit as consideration. It was not our mistake and we do not expect to be penalised for it.

Some points to note:

1) The property is listed for all to see on public website (offer)
2) Our deposit was paid on terms outlined in original advertisement (acceptance)
3) Contract formed and confirmed - as per confirmation email from Amazing Accommodation
4) Cancelling this contract would be against the law, and in breach of the FTA

Legal counsel informs me that we would be entitled to seek a full refund and compensation over and above this cost to recuperate any additional costs that would be incurred in securing accommodation over this busy period. Now that Sevens tickets have been released (and sold out) accommodation is extremely scarce and what is left will be at an unknown premium. I trust you can see my legal and moral position, having had the foresight to book our accommodation prior to the International Sevens tournament.

Unfortunately a price hike of $1600 on a $1400 booking is unacceptable, especially as it is the result of your mistake. I look forward to your thoughts on the matter.



gc.

Send him an Anthrax letter

Send that letter and a signed glamour shot.

I look forward to hearing his reply. Good luck.

Nice response SMF, be interesting to see what he says...perhaps meet him half way, i.e. be OK to pay a little more for your 2 nights since the initial cost is kinda cheap, but not for a 3rd night you do not required

But really, it's his fuck up and you shouldn't have to pay dick extra

What do you mean 'kinda cheap'? It's the agreed upon standard price?

You accepted his offer, so he has to fulfil it imo. You can prove offer and acceptance. So I reckon he has to either fulfil his offer or offer you compensation.

Nah fuck that. Contract is a contract. He's not going to lose money on the rental, he just won't get as much as he could have.

EDIT: Basically, stuff greedy cunt.

I just mean cheap as in total price, per person, per night.

Just leaving work now so will give some more thoughts later; but just quickly - his threats to hike the price/cancel contract etc (and specifically his motivation for doing so): do you have this in writing?

are you sure they dont have an out clause in the contract.
not that it would necessarily apply , just checkin tho.

Good message smf...he sounds like a greedy bastard ..will be interesting to hear what happens

smf needs all his money for coke and hookers in Mexico. Cant be spending up large on accomodation!

Yeah go SMF!

In commercial law the public listing is considered an "invitation to treat", the terms and conditions you would have been made to accept were the offer, and obviously you accepted them.

Name and shame regardless, stop other cunts doing it.

Were any terms and conditions provided at all during the booking process?

I've read the:
http://www.amazingaccom.com/about/terms
T&C which are limited to the website itself.

yeh Andrew is right. Comm Law 101

Ok here's my thoughts - though others have raised plenty of good points already.

Before starting on a letter like this, try not to focus too much on your legal rights imo. There's two kinds of arguments you can use to persuade this guy: legal and moral, and the latter is far more powerful I find, in this kind of situation.

The thing is, even if (legally speaking) you're 100% right, and you can prove all the components of your case, there's nearly always going to be a way for him to screw you. He could just say family came back to town, or the house needs urgent repairs, anything like that - and there's basically shit all you can do about it. Either that, or he'll just call your bluff and let you file a disputes tribunal case or whatever.. And if he returns your deposit, you might have trouble proving 'damages' etc... I'm probably labouring this point a bit, but bringing up the law in detail at your first point of contact will tend to get peoples' back up. One thing that legalese does is show you're serious, but imo, a similar affect is achieved just by speaking coherently and structuring the letter well, which you clearly won't have a problem with.

So yeah, I would cut out a bunch of that legal research and focus on the actual harm that he is causing you first. Keep the rhetoric emotionally neutral, and say why you don't think his intended actions are fair etc. If that doesn't work, then bring in the law for Round 2

And the damage done to his good name if it all gets out. Refer recent publicity re RWC and Kingsland Motel and young English tourists.

I would question it as politely as possible because he will have NO trouble re-filling it at the higher price.

What an asshole. You've already paid the deposit so thats a pretty strong indication that he has entered into a contract, slimey bastard.

as if anyone can remember or cares about that Motel... people forget real quick and dicks continue to be dicks

Maybe, maybe not