Has my complaint to a holiday company been?

[thelearner]

Hello all,
I wonder if someone could help me with a Schedule of Fees.
I have not gone over the top :
letter £25 / Phone £30ph / Photos £50 etc

I have made a compalint on behalf of someone else regarding their holiday, in the original letter to the company, i enclosed a Schedule of Fees, explaining that all further correspondence regarding this matter would be subject to Schedule of Fees.

Now they have replied and have asked for quiet a lot of information and photos etc, does this mean that the company have entered into contract with me and have accepted the Schedule of Fees?

If so do i have to send them an ammended Schedule of Fees each time i reply with the costs attached.

Any help appreciated
cheers

[tom bombadil]

Show us the notice you sent them, and the reply :)


Nelly.

[danster82]

Hello all,
I wonder if someone could help me with a Schedule of Fees.
I have not gone over the top :
letter £25 / Phone £30ph / Photos £50 etc

I have made a compalint on behalf of someone else regarding their holiday, in the original letter to the company, i enclosed a Schedule of Fees, explaining that all further correspondence regarding this matter would be subject to Schedule of Fees.

Now they have replied and have asked for quiet a lot of information and photos etc, does this mean that the company have entered into contract with me and have accepted the Schedule of Fees?

If so do i have to send them an ammended Schedule of Fees each time i reply with the costs attached.

Any help appreciated
cheers

Yes it does, silence is acquiescences and they have not rebutted, however you must know how to enforce your claim on the private side.

You do not have to send them an ammendment each time unless you wish to charge for something beyond your original schedule then you will need to notice them again.

[number_6]

Now they have replied and have asked for quiet a lot of information and photos etc, does this mean that the company have entered into contract with me and have accepted the Schedule of Fees?
=

Yes it does, silence is acquiescences and they have not rebutted,


I was under the impression that freemen always insist on the presence of "wet" signatures by all parties to make a contract binding?

[danster82]

I was under the impression that freemen always insist on the presence of "wet" signatures by all parties to make a contract binding?

Maybe some insist that but for me not at all, (to insist on that would be irrelvant anyway because your insisting on somthing which has no meaning, you can insit for it to be done and it will be fullfilled but it will not make you immune to contracts you get yourself into by your conduct which supersede written words) contract is primarily by performance a wet signature on paper is NOT the contract it is however a reminder of the actual contract which is what is actually accuring between the parties.

A contract is not a piece of a paper with words on it.

[number_6]

So are you suggesting that you can enter into a contract by silence?

[danster82]

So are you suggesting that you can enter into a contract by silence?

Yes

Think of a real life situation where someone makes a verbal offer to you if you stand there in silence they can only assume you agree and by law you have agreed.

[number_6]

Think of a real life situation where someone makes a verbal offer to you if you stand there in silence they can only assume you agree and by law you have agreed.

I disagree. Although conduct may possibly infer acceptance, silence cannot. Felthouse v Bindley (1862)

[danster82]

I disagree. Although conduct may possibly infer acceptance, silence cannot. Felthouse v Bindley (1862)

"Later the case has been rethought, because it appeared that on the facts, acceptance was communicated by conduct (see, Brogden v Metropolitan Railway).
"
Brogden v Metropolitan Railway Company - Wikipedia, the free encyclopedia

Silence is a conduct it is how you are conducting yourself with silence.

[number_6]

"Later the case has been rethought, because it appeared that on the facts, acceptance was communicated by conduct (see, Brogden v Metropolitan Railway).
"
http://en.wikipedia.org/wiki/Brogden_v_Metropolitan_Railway

Silence is a conduct it is how you are conducting yourself.

Yes, I am aware that the case has been looked at again, and it was considered that the nephew was willing, and he had positively conducted himself to that effect. Hence, his conduct inferred acceptance. I do not believe that you can argue that silence is acceptance by conduct.

http://www.lawofcontract.co.uk/formation/acceptance-by-silence.php

Therefore, the offeror cannot bind the offeree against the latter's will by expressly stipulating that, if the offeree does nothing, he will be bound to a contract, or to a variation of an existing contract

[thelearner]

Show us the notice you sent them, and the reply :)Nelly.

First i would like to thank everyone who has added comments to this thread, everything is being taken on-board..cheers all:D

Here goes:
The original letter (parts of it anyway)
I respectfully request the complete refund of £1797.00 (One Thousand Seven Hundred and Ninety Seven pound) paid to your company (using debit card: ending )

Whilst at the resort I had a number of issues that I wanted to speak to members of the hotel staff about, unfortunately these could not be addressed because no-one could or would, admit to being able to speak English.
Upon my return to the United Kingdom I contacted your company by telephone to try to resolve the matters amicably, however I was told to put my concerns in writing.

I hereby offer, for your consideration before reply, the concerns I wish to raise with your company, If no timely rebuttal, it is affirmed.

Contained here was a list of complaints


I am willing to give your company 14 (fourteen) days in which to respond, I feel this is an adequate time frame for you to be able to consider the above points and arrive at a decision. I urge you to consider the matters raised above carefully.
If you do not completely understand the consequences or contents contain herein, please pass all documentation to your legal department for further evaluation.


Please find attached, Two (2) photographs of the conditions at The Aria Village, an Index of attachments and My Schedule of Fees which will be applied to any further correspondence if needed.


Yours sincerely, without Ill-will or Malice


http://img682.imageshack.us/img682/8770/holidayomittedpersonald.th.jpg (http://img682.imageshack.us/i/holidayomittedpersonald.jpg/)

Unfortunately i cannot upload an excel file which the schedule of fees is done in?:confused:
Nor am i able to find the 2nd page of the above letter in my Imageshack, however if you look at the link to veiw photos the 2nd page appears on the right hand side above the word "next"


I hope someone can point me in the right direction here :o

[danster82]

Yes, I am aware that the case has been looked at again, and it was considered that the nephew was willing, and he had positively conducted himself to that effect. Hence, his conduct inferred acceptance. I do not believe that you can argue that silence is acceptance by conduct.

http://www.lawofcontract.co.uk/formation/acceptance-by-silence.php

It depends on circumstances, for example if the two parties are clearly in communications then silence would stipulate acceptance such as in the example of the OP or the example I gave of being face to face if there is no prior communction or relation then it would be up for judgement.

Most people have experienced that silence is agreement when it comes to notices for infringement of statutory laws.

however it does need further investigation, I do know by my own intuition that when there is an ongoing relation with me and another If I make an offer and they remain silent they accept that is simply how it feels but there has to already be a relationship in place between the two.

The Cour de cassation holds that silence may constitute acceptance where the circumstances so warrant so it appears this is not black or white. I think in the case of the OP it does constitute acceptance but as its an issue which is clearly up for debate I would recommend that maybe you notice a second time just to make it absolutely clear and that should have a stronger standing in court if they see you have done that.

[yozhik]

It depends on circumstances, for example if the two parties are clearly in communications then silence would stipulate acceptance such as in the example of the OP or the example I gave of being face to face if there is no prior communction or relation then it would be up for judgement.

Double edged sword.

From the letter, the travel operator is clearly taking 'silence' as meaning 'acceptance'; silence during the holiday and silence immediately upon arrival back from holiday = acceptance that the contractual obligations of the travel operator had been met.

It would be difficult to base an argument on the premise of 'tacit acceptance' of a notice after 14 days of being served IF their counter claims of 'tacit acceptance' of the holiday, due to nearly 3 months [Aug to Nov] of silence, are an accurate portrayal and account of events.
i.e. if there was 'silence' for 3 months prior to the complaint, then the 'silence' over a 14 day period from Notice being served, pales into insignificance and frivolity.

Know what I mean?

[thelearner]

Some of the latest replies have confused me a bit :confused: sorry,which is not hard.
I do not admit to knowing any form of "Common Law", which from the forum i can Understand that the FREEMAN idiology is based around, please correct me if im wrong??
Any information that i have gathered and that i have been able to use to my and others advantage has been given on this forum, so thank you all!

Here is my dilema:
My arguement is not if the holiday company should reply within a given time frame?
But moreso , now that they have replied with more queries and would like more photographic eveidence whcih can all be supplied, "have they then accepted my Scheduel of Fees?

Regarding the timeline:
The reason behind the late complaint was, it was first put to the company over the telephone, they said to put this in writing, they people that i am doing the letter for were at the time awaiting Drs reports from falls suffered on the holiday within the complex.
hey both attended the GP on the day after their arrival back in the UK.

Thanks all:)

[kanz]

Yes

Think of a real life situation where someone makes a verbal offer to you if you stand there in silence they can only assume you agree and by law you have agreed.

Excuse me ..?

Jumping the gun a little there.

[micklemus]

Hello all,
I wonder if someone could help me with a Schedule of Fees.
I have not gone over the top :
letter £25 / Phone £30ph / Photos £50 etc

I have made a compalint on behalf of someone else regarding their holiday, in the original letter to the company, i enclosed a Schedule of Fees, explaining that all further correspondence regarding this matter would be subject to Schedule of Fees.

Now they have replied and have asked for quiet a lot of information and photos etc, does this mean that the company have entered into contract with me and have accepted the Schedule of Fees?

If so do i have to send them an ammended Schedule of Fees each time i reply with the costs attached.

Any help appreciated
cheers

No, I think you'll find it more likely that they consider things like The Package Travel, Package Holidays and Package Tours Regulations 1992 and the [common] law of negligence to be relevant. They're trying to assess whether there's a valid/reasonable claim, whether to settle it and, if so, what to offer by way of compensation.

[thelearner]

No, I think you'll find it more likely that they consider things like The Package Travel, Package Holidays and Package Tours Regulations 1992 and the [common] law of negligence to be relevant.

What No, they have not "accepted my S.o.F" ?:(
Or No, i dont have to send them an ammended version of my S.o.F each time i reply?

They're trying to assess whether there's a valid/reasonable claim, whether to settle it and, if so, what to offer by way of compensation.

Can understand that bit:)

Cheers for the reply

[micklemus]

I'd say both to be honest.

They're investigating the facts and looking for evidence of loss, thats all.

[thelearner]

I'd say both to be honest.

They're investigating the facts and looking for evidence of loss, thats all.

Cheers Mike:)

[danster82]

Excuse me ..?

Jumping the gun a little there.

You are presumed to be competent meaning you have the responsibility to respond therefore because you are being held in high regard as a competent responsible person your silence must mean acceptance, so its not jumping the gun its merely holding you as responsible.

If however you was held as irresponsible childlike and simple then silence would not amount to agreement, but in law you will always be treated with the highest of respect.