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Couple 'fined' £100 for leaving a bad review

m.bbc.co.uk

21–30 of 167 posts

Re: Couple 'fined' £100 for leaving a bad review

#24
post #18
post #9

I dont understand how this is even legal in Europe.No matter what the contract says.How can this be a legal clause? I dont get it.

I'm not a lawyer and I'm going to appear to play the devil's advocate here, but bear with me and let's say it's not illegal for an agreement to contain such a clause. If it breaks no laws, then why is it illegal? Assuming you have signed an agreement for this knowingly (or at least they presented this agreement to you and it's fair to presume that you've read it before signing it). So what you would have to do is ref…

It is clearly illegal, because it violates freedom of speech principle guaranteed by constitutions of every civilized country. Of course if review is negative and hotel owner thinks that this opinion is unfair and not true he has every right to sue customer. But then, any fines are decided by judge, hotel cannot charge you for bad review on their own.

Re: Couple 'fined' £100 for leaving a bad review

#25
post #18
post #9

I dont understand how this is even legal in Europe.No matter what the contract says.How can this be a legal clause? I dont get it.

I'm not a lawyer and I'm going to appear to play the devil's advocate here, but bear with me and let's say it's not illegal for an agreement to contain such a clause. If it breaks no laws, then why is it illegal? Assuming you have signed an agreement for this knowingly (or at least they presented this agreement to you and it's fair to presume that you've read it before signing it). So what you would have to do is ref…

Dunno about the UK, but in Germany "surprising" clauses in everyday contracts such as this with consumers are generally illegal. End of story. If this got as far as a court, case would be over in seconds. Read opening statements, have laugh, verdict, good day.

Also don't know which way the EU swings on this, my guess would be towards the German position.

Re: Couple 'fined' £100 for leaving a bad review

#27
post #18
post #9

I dont understand how this is even legal in Europe.No matter what the contract says.How can this be a legal clause? I dont get it.

I'm not a lawyer and I'm going to appear to play the devil's advocate here, but bear with me and let's say it's not illegal for an agreement to contain such a clause. If it breaks no laws, then why is it illegal? Assuming you have signed an agreement for this knowingly (or at least they presented this agreement to you and it's fair to presume that you've read it before signing it). So what you would have to do is ref…

http://en.wikipedia.org/wiki/Unfair_Terms_in_Consumer_Contra...

Re: Couple 'fined' £100 for leaving a bad review

#29
post #18
post #9

I dont understand how this is even legal in Europe.No matter what the contract says.How can this be a legal clause? I dont get it.

I'm not a lawyer and I'm going to appear to play the devil's advocate here, but bear with me and let's say it's not illegal for an agreement to contain such a clause. If it breaks no laws, then why is it illegal? Assuming you have signed an agreement for this knowingly (or at least they presented this agreement to you and it's fair to presume that you've read it before signing it). So what you would have to do is ref…

>Maybe you'll have to find another hotel

That's refusing you service and extortion.

The "another hotel" might be 100 miles away, in which case it also costs you money.

Re: Couple 'fined' £100 for leaving a bad review

#30
post #9

I dont understand how this is even legal in Europe.No matter what the contract says.How can this be a legal clause? I dont get it.

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.

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