So,we were told a few weeks ago that our new van (it's being lightly modified by a company)would be ready for Easter weekend so did the following
- sold our car
- booked a holiday in the Lakes (including accomodation paid for) starting the following weekend
Then told last Thursday that a part for the rear seats was broken and so they were waiting for a replacement part (should be Easter Sat or this Tue)
Told on Tue that the part had to come from Germany, so van would not be ready
We have 2 babies + associated gubbins + bike etc. to transport on holiday and no vehicle to do it in š„
What would you do?
Get thejm to rent you an alternative, or pay for the cancellation costs of your holiday (first one is what I'd prefer).
Can they not get a part from another vehicle and replace with your part later
Was the part about having the van ready an expressed part of the contract?
As in they were fully aware of the conditions and agreed, if not then legally I don't think you can do anything.
So
isn't really an option.Get thejm to rent you an alternative, or pay for the cancellation costs of your holiday (first one is what I'd prefer).
Go and talk to them to see what can be sorted then look at your holiday insurance.
š„
What sort of conversion company are they? Do they have a demonstrator they could lend you?
What don Simon said.
Or talk nicely to them and see if they can strip the part from a showroom car or something.
Thanks all so far...
Can they not get a part from another vehicle and replace with your part later
Sadly, no because the part is rare and so no other vehicles to get it from
Was the part about having the van ready an expressed part of the contract?
What forms a contract? The following was sent on the 16th March and did not hear anything about problems until April 1st
[i]It is booked in for the interior fitting on march 31/april 1 so unless anything unexpected occurs we will have it finished for the weekend of april 3/4.[/i]
The plan might be to speak to them nicely about hiring us a vehicle, as they have none we can borrow (already asked) š
so unless anything unexpected occurs
I guess it was unexpected?
Do you have any insurance for the holiday?
Happened with us once with Volvo and they lent us a car suitable (we needed a towball). It was one of the staff's own cars.
I think they have been pretty straight with you. The unexpected has happened... I'd be proactive in seeing if you can ring around & track down the part on a borrow basis.
Failing that, it's hire a car and suck up the cost - bad things happen. Whilst it is unfortunate, I can't see that it is their fault/problem.
so unless anything unexpected occurs
I guess it was unexpected?
Yes I agree, but 2 days before we were expecting to pick it up!
Do you have any insurance for the holiday?
No - it's in the UK
But they told you with time to spare that it was only booked in to be fitted on 31st March/ 1st April and you knew that. If something was broken that is when they were going to spot it. Back on the 16th March you could have asked them bring it forward as the deadlines were too tight or pulled it out from having the job done.
Holiday insurance often covers prebooked accommodation in the UK (usu longer than 2 nights) but I doubt they'd want to cover it. Might be worth a try though?
What forms a contract?
And there, my friend, you have the reason that a lawyer will charge you a lot of money and a good lawyer will charge you even more. If you can make head or tail of contract law good luck. It's a long time since I studied it, but here goes.
The contract will be the terms you agree to this could be in the form of signing a document or simply your actions. They have included the clause about unexpected occurences, you agreed to these terms without identifying what these occurences are/might be.
Secondly,you agreed that they undertake the work with this clause included.
I guess that if these clauses are written on the back of a document which you didn't have access to until you had done something to demonstrate your agreement of the contract, then it could be demonstrated as unfair, (there's a case about car park tickets).
I suppose the contract was agreed when you handed the keys to them after reading and signing the appropriate forms.
The following was sent on the 16th March and did not hear anything about problems until April 1stIt is booked in for the interior fitting on march 31/april 1 so unless anything unexpected occurs we will have it finished for the weekend of april 3/4.
Don't really understand what's happened here...
It was sent on the 16/03 stating clearly that they weren't going to begin work until 31/03. So you had nearly 2 weeks to put pressure on them, am I correct?
They have also said that there is a provision for unexpected problems, you could always do some research to find out if it really is an unexpected problem or whether there is a history of this problem and in reality it isn't "unexpected"
Better to speak to a lawyer, but this isn't going to get you on holiday.
I know it isn't what you want to hear either, but I don't think, based on the info here, you have a legal case. Also any qualified lawyer can tell me I'm talking through my arssssssse!
You've no legs to stand on IMO, blaming them won't help, searching for the part and or accepting it will help. Unless they absolutely guaranteed you an end date or a replacement, its a bit tough.
Just to finish, I guess the only solution is to taƱlk to them to see if they are kind enough to help you, but legally I don't think they are obliged to do anything.
Holiday insurance will probably be you only answer if they don't want to help. If they think that offering you a substitute vehicle will help towards the [i][b]goodwill factor[/b][/i] then you'll be ok.
Good luck.
Check you Home insurance to see if they can give any cover for loss of holiday etc.
I wouldn't have sold the car before taking delivery of the van.
If I had been foolish enough to do that, I'd suck it up & hire something.
searching for the part
There are none in the UK, hence the order from VW Germany
I wouldn't have sold the car before taking delivery of the van.
Hindsight is a wonderful thing ~ I had already offered it for sale to someone, with the understanding that the van would be finished and he had sold his car so not fair to go back on the deal
Will check house insurance and try the goodwill approach š
not Hindsight, common sense. I'd never be without at least one vehicle in the household, no matter what, especially when planning a UK holiday
What do you expect,you bought german, not british.