US hotel adds on "insurance" charge without asking
#31
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Asking is fine. Even a Ryanair-style box that you have to uncheck at the time of booking is fine. What I have a problem with is hiding this until the booking already has been made and then requiring an explicit written opt-out.
As I know that you are familiar with Sweden, this is called the ban on negativ avtalsbindning in Swedish contract law. But I have the impression that this isn't as strict in American law.
As I know that you are familiar with Sweden, this is called the ban on negativ avtalsbindning in Swedish contract law. But I have the impression that this isn't as strict in American law.
negativ avtalsbindning for consumer transactions where the recipient/"buyer" is considered (by the "seller") to have purchased a delivered item/service absent prior consumer consent to purchase the item/service is indeed quite firmly restricted under Swedish law, but I'm not sure it is generally applicable to all Swedish contracts/transactions. [In many US states, under consumer protection/regulation laws and/or contract law, goods/services delivered to a "buyer"/recipient without explicit agreement (by buyer/recipient) to purchase the goods is not generally a valid debt of the recipient; I'd be surprised if much the same didn't hold up somehow under US federal law too.]
I say the above (i.e., the uncertainty about general applicability to all Swedish contracts) because I'm not so sure that a small clause with a default contractual commitment to a secondary purchase absent written, timely invocation under an affirmative negation clause is actually completely banned in Sweden; that said, I'll have that checked out by my resident "experts".
#32
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For condo rentals -- including serviced/staffed condo complexes in ski resorts --- these kinds of situations do take place. I've been asked if I want to buy such "protection" at a few ski condo places in Colorado, sometimes at check-in.
State insurance commissioners are more helpful than the FTC, if there is such an insurance dispute as noted by the OP.
State insurance commissioners are more helpful than the FTC, if there is such an insurance dispute as noted by the OP.
Asking is fine. Even a Ryanair-style box that you have to uncheck at the time of booking is fine. What I have a problem with is hiding this until the booking already has been made and then requiring an explicit written opt-out.
As I know that you are familiar with Sweden, this is called the ban on negativ avtalsbindning in Swedish contract law. But I have the impression that this isn't as strict in American law.
As I know that you are familiar with Sweden, this is called the ban on negativ avtalsbindning in Swedish contract law. But I have the impression that this isn't as strict in American law.
#33
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... because I'm not so sure that a small clause with a default contractual commitment to a secondary purchase absent written, timely invocation under an affirmative negation clause is actually completely banned in Sweden; that said, I'll have that checked out by my resident "experts".
#34
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Consumer law and contract law are sort of distinct in ways that aren't always clear as mud or better, especially when dealing with cross-jurisdictional matters.
Well, it is not banned in Sweden either if it is in the agreement accepted by the consumer even if the consumer missed the details at the time of initial purchase agreement but the detail was somewhere in there. Same for the US.
When the amount is not mentioned before or during time of purchase/contract establishment, the amount isn't generally legally available for collection enforcement -- not in Sweden and generally not in the US either.
The reservation system used for accommodation hiring/condo rentals doesn't mention the "insurance" amount, but the website going to it does have it buried in a couple places. Never liked such practices, but it seems like they do this out of a "better to plea for forgiveness than ask (explicitly) for permission in advance" because the former increases the amount of money they make (or, alternatively, reduces the amount of money they lose).
Well, it is not banned in Sweden either if it is in the agreement accepted by the consumer even if the consumer missed the details at the time of initial purchase agreement but the detail was somewhere in there. Same for the US.
When the amount is not mentioned before or during time of purchase/contract establishment, the amount isn't generally legally available for collection enforcement -- not in Sweden and generally not in the US either.
The reservation system used for accommodation hiring/condo rentals doesn't mention the "insurance" amount, but the website going to it does have it buried in a couple places. Never liked such practices, but it seems like they do this out of a "better to plea for forgiveness than ask (explicitly) for permission in advance" because the former increases the amount of money they make (or, alternatively, reduces the amount of money they lose).
Last edited by GUWonder; Feb 7, 2014 at 4:17 pm