Summer holiday season has started and most people will already have arranged their travel and accommodation. However, for those still to book flights many will do so online and it is worthwhile paying attention to the terms and conditions to avoid high charges for services where you might not expect them.
The same caution is advisable when signing up to a bank account or credit card, or buying electronic files such as music or books. Do you read the small print? Most of these transactions require a box to be checked to declare that you have read and accept the terms and conditions. But many of us never read them before going ahead and accepting them.
Maybe that is no wonder. For instance, according to a recent Which? study, it took readers on average, an hour and forty minutes to read the terms and conditions for a current account. But what you should know is that when you agree to the terms and conditions, you are agreeing a contract on those terms with the company.
David Lindgren, Partner in Lindsays Corporate & Technology team, said: “It is rarely practical to read the terms and conditions at the moment of agreeing to them, and rarer still to be in a position to change them.
“The law recognises that to an extent, and any contract with you as a consumer will be the subject of the raft of underlying consumer protection regulation that endeavours to ensure that even these contracts that have not been negotiated are 'fair'.“
But where should you pay particular attention?
Flights: look at additional costs for baggage, charges for losing boarding passes and any other costs that may be applicable. High charges contained in terms and conditions that you have “accepted” make it difficult to argue about them at the check-in desk as a queue builds behind you. It is also worth looking at any particular limits that the airline has put on compensation that may be due for late or cancelled flights.
Bank accounts and loans: always read the conditions setting out charges and check any particular terms that you have been offered are set out in writing. Check if a trivial breach changes all the rates and charges. Look at notice periods - how long might you be tied in to the relationship?
Music and books: you are essentially getting rights to read and listen to these rather than acquiring ownership and control of a physical asset. That means that the provider retains rights to the items that can affect your enjoyment of them, and stop you transferring them to others, even in your Will.
Gym memberships: check the cancellation policy - what is the notice period? Is there a fee for cancellation?
If you would like to discuss any of these issues further please contact a member of our Corporate and Technology team.
