PRICE INCREASES- WHAT ARE MY RIGHTS AS A CONSUMER
Consider a scenario where you are eagerly anticipating a trip, whether it’s a tour to a historic site or an exciting cruise adventure. You purchase tickets in advance, excitedly counting down the days until departure. However, just hours before the scheduled departure, you receive an email notifying you of the trip is cancellation due to unforeseen circumstances, for example stormy seas or a lockdown in response to a pandemic. Understandably disappointed, you attempt to reschedule your trip for a later date.
Here’s where the frustration sets in. When you try to reschedule, you discover that the pricing has significantly increased because the promotional offer you initially benefited from, such as free tickets for children or reduced fares on Wednesdays, are no longer available for the new date. Or your child has just turned 18 and now no longer qualifies for the reduced fare for children. Despite the cancellation being entirely out of your control, you find yourself facing higher costs for the rescheduled trip.
What are the safeguards offered by the Consumer Protection Act?
CONSUMER PROTECTION ACT
According to Section 54 of the Consumer Protection Act, consumers have the right to expect timely performance of services. This means that if there are any delays, consumers are entitled to receive timely notice of such delays. However, we can all agree that receiving notice just an hour before the scheduled event falls far short of being considered timely. If the supplier does provide notice, whether timely or not, section 19(6) of the Act grants consumers the right to cancel a transaction if the supplier changes the date of delivery of the goods or services. This gives consumers the option of cancelling the transaction and demanding a refund.
But cancelling the transaction and receiving a refund may not be the ideal solution for everyone, especially if they were looking forward to the trip. In such cases, consumers can choose not to cancel and instead enforce their right to use the services at the initially agreed-upon price if the cancellation was due to a factor which was outside of their control. This right is granted by Section 48(1)(a)(i) of the Consumer Protection Act, which requires the price of goods and services to be fair, reasonable, and just. The increase in price resulting from a postponement that was not the fault of the consumer would effectively penalise the consumer, and render the price unfair, unreasonable, and unjust.
Additionally, under Section 46(1) of the Consumer Protection Act, goods or services supplied as a result of a deferral of a right under an existing agreement does not create a new and separate agreement. Therefore, the supplier must supply the goods and services at the originally agreed-upon terms and conditions, including the price.
If you find yourself in such a situation and the supplier is unwilling to uphold your rights as outlined above, speak to a consumer attorney.
For expert legal guidance and support in navigating consumer rights issues, visit our website www.broekmann.co.za or contact us at +27 21 422 0269 or email us at admin@broekmann.co.za.