[toyg]

It's not. This is unfair trading; the couple will eventually get their money back, and the hotel will be forced to strike down that clause.

The fact that you write a contract (the policy) doesn't mean that contract is actually legal.

[reduce]

He's probably thinking of some similar situations in the US where certain types of clauses are automatically void. No court appearance needed, no waiting, no nothing. It's as if the clause never existed in the contract, no matter what people sign.

For an example of this, see non-compete clauses, for most types of employees in California.

[ascorbic]

The UK has similar rules. In this case it would be the Unfair Terms In Consumer Contracts Regulations that would apply, and which these clearly breach. http://www.adviceguide.org.uk/england/consumer_e/consumer_pr...

[rmc]

It's an EU law. God bless the EU's consumer rights campaign.

[reduce]

EU doesn't exactly make law. They make more of suggestions. Some of the countries do the drastic opposite of the EU "laws", even if on paper they're saying they don't.

For example, many types of racial discrimination are technically illegal in many EU countries. But look at what actually gets enforced, it's unfortunately made to look like a huge joke.

[toyg]

> many types of racial discrimination are technically illegal in many EU countries. But look at what actually gets enforced, it's unfortunately made to look like a huge joke.

The problem with that specific topic is that it can be very difficult to prove discrimination; also, legislation can pave the way but it's up to people to actually walk it. It's the same in some US states, really, and elsewhere is usually much worse.

Generally speaking, EU Directives (which must be implemented in local state law) are respected, and they can be vigorously enforced when people appeal to them. Like all laws and tribunals, EU ones are not perfect (some countries just ignore contrary verdicts, preferring to pay continuous fines; and some bad local laws are not appealed against nor closely scrutinised), but they are better than the alternative anarchy. Most EU directives did an inordinate amount of good for "retrograde" countries (Italy, Spain, Ireland, Britain etc), but sometimes it takes a generation to appreciate changes in law.

[rmc]

> "EU doesn't exactly make law. They make more of suggestions."

(a) The EU can make "Regulations" which come into force as laws in each member state. But those are rare.

(b) ... The more common form is "Directive", and member states are legally obligated to implement into national laws. This is effectivly "EU law".

(c) ... membership of the EU, also requires membership of the Council of Europe, and European Convention of Human Rights, and European Court of Human Rights, who can make judgements against a member state to force them to do things.

[celticninja]

It is the same in the UK. you can have all the terms and conditions that you like but if they are illegal or unfair they are unenforceable.

[tim333]

Each country has it's own laws but I think they'd get their money back in most places including the UK. Usually if there's a credit card involved it does not get to court - the credit card company refunds.

[spacecowboy_lon]

Justicable I belive is the term you can put whtever you like in a contract say only two weeks holiday in the UK.

Even if you sign it that part of the contract will be considdred null and void - and you can efectivly ignore it as teh UK's stutory rights take precedence.

[Lord_Zero]

Their credit card company is going to refund that amount the second they review the claim. It will be a no-contest thing. Credit card companies fight for their customers and its generally the fastest way to reverse fraudulent charges like this one.