LastMinute Network Ltd
- Investigation:
- LastMinute Network Ltd
- Contract identifier:
- UTCCRContract-1
- Country of complaint:
- United Kingdom
- Country of origin:
- United Kingdom
- Trading sector group:
- City of Westminster
- Trading Sector:
- Holiday and Entertainment//Holidays
- Action taken by:
- OFT
- Local Authority:
- City of Westminster
- Legislation used:
- Community Infringements Specified UK Laws//Unfair Contract Terms 1999
- Regulation breached:
- Unfair Contract Term
- Notes:
Notes
| Original term | Application of regulations/Enforcer view | How changed | New term |
|---|---|---|---|
| General - first paragraph | Reg 5 18(e) Consumer declarations about contractual circumst : By using the website the consumer was considered to have read and understood the conditions. |
Consumer advised to read the conditions and no longer considered to have understood them. | General Section - 1 |
| Liability - first paragraph | 1(b)2b Exclusion of liability for poor service, or poor work : 1(b): potentially allowed supplier to provide a poor service by unfairly excluding liability for failing to update information or ensuring that information was accurate. |
Deleted | n/a |
| Liability - second paragraph | 1(b)2a Exclusion of liability for defective or misdescribed : 1(b): unfairly excluded supplier's liability in all circumstances for goods and services offered by supplier where acting as agent for third parties. |
The exclusion of liability where the supplier acts as agent has been more narrowly drafted. | General Section - 2 |
| Liability - third paragraph | 1(b)2b Exclusion of liability for poor service, or poor work : 1(b): had the potential unfairly to exclude supplier's liability for negligence in providing inaccurate data. |
Term no longer excludes liability for providing inaccurate information. | General Section - 11 |
| Liability - sixth paragraph | 1(b)2a Exclusion of liability for defective or misdescribed : 1(b): unfairly excluded supplier's obligation to provide goods of a satisfactory standard or that are fit for their purpose and match their description. |
Deleted | n/a |
| Liability - eighth paragraph | 1(b)2b Exclusion of liability for poor service, or poor work : 1(b): potentially unfairly excluded liability for supplier's poor service/negligence and consequential loss. |
Deleted | n/a |
| Liability - ninth and tenth paragraphs | 1(b)2c Restrictions on liability (as to type, amount etc) : 1(b): unfairly limited supplier's liability for consequential loss and placed a financial cap on its liability. |
Deleted | n/a |
| Liability - eleventh paragraph | Reg 7 Plain and intelligible language : Regulation 7: stated that the liability section applied 'only to the extent permitted by law'. This was unlikely to be understood by a consumer. |
Deleted | n/a |
| Liability 11 | Reg 7 Plain and intelligible language : _ |
_ | Deleted |
| Gifts - third paragraph | Reg 7 Plain and intelligible language : Regulation 7: referred to consumer's statutory rights without providing an explanation of what these entailed. |
Revised to inform consumer where he or she can find more information about statutory rights. | Gifts 4 |
| Gifts - fourth paragraph | 1(k) Right to change what is supplied : 1(k): gave supplier potentially unfair right to alter what was supplied. |
Deleted | n/a |
| Gifts - sixth paragraph | 1(b)2a Exclusion of liability for defective or misdescribed : 1(b): potentially unfairly excluded liability for inaccurate or misleading descriptions. |
Deleted | n/a |
| Gifts - tenth paragraph | Reg 5 18(b) Transferring unfair risks (eg: by indemnities) : Term unfairly transferred risk to consumer for goods lost or damaged in transit. |
Deleted | n/a |
| Auction - second paragraph | 1(i) Binding consumers to hidden terms : 1(i): potentially bound consumer to third party suppliers' terms that he or she had not seen prior to contracting. |
Term makes clear that consumer can request sight of terms of third party suppliers. | General section 2 |
| Auction - eighth paragraph | Reg 5 18(g) Supplier's discretion in relation to obligations : Gave supplier an excessive discretion to determine how to perform its obligation of providing the auction. |
Deleted. | n/a |
| Auctions 10 | 1(b)2a Exclusion of liability for defective or misdescribed : 1(b): the statement that goods are non-refundable and that their condition is not guaranteed may have misled the consumer into believing that he or she could not bring a claim against the vendor. |
Deleted | n/a |
- Outcome reached:
- Informal Undertaking Obtained
- Date effective:
- 29 May 2002
- Received from:
- Outcome text:
- Informal undertakings Please see attached document for details of terms revised and/or deleted.
- OFT telephone enquiries:08457 22 44 99
- Consumer Direct telephone enquiries:08454 04 05 06