Q: A few days ago I received a phone call from a local representative of a foreign company that sells holiday packages. The salesman on the phone started telling me about the company’s various offers.
Since the transaction was concluded at the trader’s premises, it is not considered a distance sale. Hence, you do not qualify for the 15-day cooling-off period
I was offered a holiday package that included a number of weekend breaks I could use in different hotels in Malta and abroad.
The contract was for 11 months during which I could utilise these weekend breaks.
The salesman also told me that if I decided to take the offer, I would receive free gifts.
He was so persuasive I felt I had no other option but to buy the holiday package.
An appointment was set at the company’s premises, which I attended even though I was having second thoughts .
When I voiced my uncertainty, the salesman said our telephone conversation had been recorded and since I had agreed to buy the package during that call, I had noother choice but to finalise the sales agreement.
I now feel I did not make a good buying decision and would like to cancel the sales agreement.
Are these kinds of sales covered by a cooling-off period?
Since I signed the contract only a few days ago, can I change my mind and ask for my money back?
A: The purchase of holiday packages covered by the ‘Timeshare, long-term holiday product, resale and exchange contracts regulations’, which give consumers a 14-day cooling-off period after signing a sales contract.
However, your specific purchase is not covered by these regulations as the latter cover sales contractslasting more than one year, andthe contract you have signed isfor 11 months. A 15-day cooling-off period also applies to salescontracts concluded throughdistance selling.
In your case, the sale actually started through a distant means of communication – by phone – and at that point in time you had a right to withdraw your agreement.
Since the transaction was concluded at the trader’s premises, it is not considered a distance sale. Hence, you do not qualify for the 15-day cooling-off period.
At this point you cannot cancel the sale. You can only release yourself from this contract if the seller fails to give you what was promised to you, which in this case is the weekend breaks in local and foreign hotels.
As consumers, it is our responsibility to be sure of what we are about to buy before committing ourselves and signing a sales contract.
We should also carefully read each term we are signing for, so we are truly aware of what kind of commitment we are making.