Is it legal ?

[Elorac123]

Just a thought, is it legal to advertise a service that you know you cannot give ?

Your thoughts any legal eagles on this forum.

Cheers Carole

[Docker123]

Accepting payment without intending to supply

Under the Australian Consumer Law, businesses must not accept payment for products or services if:

• they do not intend to supply them
• they intend to supply materially different products or services
• they know, or should have known, they would not be able to supply the products or services within the timeframe indicated or if no timeframe was provided, within a reasonable time.

This part of the law is not intended to cover businesses who genuinely try to meet supply agreements, for example, if:

• the failure to supply was due to something beyond their control, including the act or omission by another person
• they exercised due diligence and took reasonable precautions.
   

https://www.accc.gov.au/consumers/sales-delivery/non-delivery-of-products-services

[Elorac123]

19 minutes ago, Docker123 said:

Accepting payment without intending to supply

Under the Australian Consumer Law, businesses must not accept payment for products or services if:

• they do not intend to supply them
• they intend to supply materially different products or services
• they know, or should have known, they would not be able to supply the products or services within the timeframe indicated or if no timeframe was provided, within a reasonable time.

This part of the law is not intended to cover businesses who genuinely try to meet supply agreements, for example, if:

• the failure to supply was due to something beyond their control, including the act or omission by another person
• they exercised due diligence and took reasonable precautions.
   

https://www.accc.gov.au/consumers/sales-delivery/non-delivery-of-products-services

Yes I had actually read that and to me it reads that the cruise lines are out of order here as they must know they can’t provide in September but having said that I am sure they have legal advisers ?

Cheers Carole

[By The Bay]

1 minute ago, Elorac123 said:

Yes I had actually read that and to me it reads that the cruise lines are out of order here as they must know they can’t provide in September but having said that I am sure they have legal advisers ?

Cheers Carole

They could say: "the failure to supply was due to something beyond their control"🤔

[Chiliburn]

8 minutes ago, Elorac123 said:

Yes I had actually read that and to me it reads that the cruise lines are out of order here as they must know they can’t provide in September but having said that I am sure they have legal advisers ?

Cheers Carole

It’s the American way ,that kind of thing is rampant over there .

Sales that aren't  any cheaper than usual.
The article on sale is out of stock but you can have this instead (Chinese rubbish)
Hidden extras as tax ,resort fees.  etc.

[Elorac123]

27 minutes ago, By The Bay said:

They could say: "the failure to supply was due to something beyond their control"🤔

 

• Quote : they know, or should have known, they would not be able to supply the products or services within the timeframe.

Should have known.

Cheers Carole

[By The Bay]

Just now, Elorac123 said:

 

 

• Quote : they know, or should have known, they would not be able to supply the products or services within the timeframe.

Should have known.

Cheers Carole

Two points for the lawyers to fight over.😉

[MMDown Under]

1 minute ago, By The Bay said:

Two points for the lawyers to fight over.😉

It may be legal but it is certainly immoral!  The Govt should push the cruising dates out further than they do to stop all this nonsense. 

[Aus Traveller]

If the cruise line advertised a cruise that, at the time of the advertisement, was within the cruise 'pause' set by the government, I believe that it would be against consumer law. At the moment, the cruise ban extends to September. I cannot see that it would be against consumer law for a cruise after that date to be advertised. The cruise line does not 'know' that they cannot supply the service. It is reasonable for them to believe they have a good chance that cruising will re-start after that date. 

[Elorac123]

1 hour ago, Aus Traveller said:

The cruise line does not 'know' that they cannot supply the service. It is reasonable for them to believe they have a good chance that cruising will re-start after that date. 

Would like to how they think they could get all the ships crewed as would many others that I have seen mention it.

They just want the money , losing a bit of interest in the whole damn thing

Cheers Carole

[pully8]

Agree but people are free to make their own choices with their money.

It is a sad situation for many.

Personally would not pass on money and hold credits indefinitely.

 

[getting older slowly]

I think the point in question is

 

"due to something beyond their control"

 

as nobody is in control.... where is E.J. Smith..

where you need somebody to take charge.... ( ummm well that didn't go well )

 

Don    with G&T

[GOTTODOIT]

On 6/13/2021 at 12:54 PM, MMDown Under said:

It may be legal but it is certainly immoral!  The Govt should push the cruising dates out further than they do to stop all this nonsense. 

I agree,  I think it is also the govt fault, they should push out the cruising dates further or at least be upfront, honest, as to when the borders will open,  don't give false hope, be honest,

[MMDown Under]

10 minutes ago, GOTTODOIT said:

I agree,  I think it is also the govt fault, they should push out the cruising dates further or at least be upfront, honest, as to when the borders will open,  don't give false hope, be honest,

Yes honesty at all levels of Government would go a long way to rebuilding trust.  I could never understand why Americans don’t trust Govt., when my experience was Govt was for the people.  I’m starting to understand!

[nini]

On 6/12/2021 at 7:30 PM, Chiliburn said:

It’s the American way ,that kind of thing is rampant over there .

Sales that aren't  any cheaper than usual.
The article on sale is out of stock but you can have this instead (Chinese rubbish)
Hidden extras as tax ,resort fees.  etc.

Actually, if an item has sold out, then a "Raincheck" is issued and said item will be sold at the same price when it becomes available.