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If You Are Under Age And Warrant That You Are Older, What Are The Consequences?
11 Answers
My daughter bought tickets on a website which included the following warranty:
2. Use of the Website
You should carefully read these Terms and Conditions before using this Website. You acknowledge that your use of this Website indicates your agreement to be bound by these Terms and Conditions. You warrant that you are at least 18 years of age and have the legal authority to purchase goods or services using this Website. You agree to be responsible for all financial transactions relating to use of this Website.
She was not 18 but she had a valid credit card with which she paid for the transaction (i.e.e there was no bank fraud). There was no check made as to age other than this clause buried in the "tick here to agree with the Ts & Cs". Is the transaction valid? Is there any comeback on the website?
2. Use of the Website
You should carefully read these Terms and Conditions before using this Website. You acknowledge that your use of this Website indicates your agreement to be bound by these Terms and Conditions. You warrant that you are at least 18 years of age and have the legal authority to purchase goods or services using this Website. You agree to be responsible for all financial transactions relating to use of this Website.
She was not 18 but she had a valid credit card with which she paid for the transaction (i.e.e there was no bank fraud). There was no check made as to age other than this clause buried in the "tick here to agree with the Ts & Cs". Is the transaction valid? Is there any comeback on the website?
Answers
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My law knowledge is quite old I'm afraid, but from memory, people can not contract until they have reached their majority, other than for necessities. So I think, legally, your 17 year old has not entered a legally binding contract. But, as I say, this is long ago (forgotten?) knowledge, so I'm sure somebody with more up to date information will be able to...
17:49 Tue 21st May 2013
@Mosaic, she bought non-cancellable train tickets, made an error by selecting the wrong date and is now stuck with no ability to "undo" her error. I guess that's why they want an age limit of responsibilty. Train company are being sticklers for the rules so I was wondering whether we could be too.
@Eve, yes we are in the UK but as I said there is no bank fraud, she used her own debit card.
@Eve, yes we are in the UK but as I said there is no bank fraud, she used her own debit card.
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Well it's at least arguable that a train ticket is a necessity......
I don't think there's any comeback on the website. Your daughter lied to get the ticket and unless you've got thousands to go to court over it (and probably lose) just move on.
Even if the transaction is void you are not going to get anywhere with trying to reverse it.
I don't think there's any comeback on the website. Your daughter lied to get the ticket and unless you've got thousands to go to court over it (and probably lose) just move on.
Even if the transaction is void you are not going to get anywhere with trying to reverse it.
If you consider her mature enough to hold a debit card, she is responsible for her own actions. She's obviously familiar with the internet - tell her to do her own research, send e-mails etc if she wants her money back (you can always secretly check she is doing ok!).
It's not just kids that make mistakes. I accidentally booked a midnight flight to Greece instead of the 7am I was aiming for - hasn't gone down well with OH. There should Ts & Cs stating 'thou shall not book anything online after several glasses of wine'.
It's not just kids that make mistakes. I accidentally booked a midnight flight to Greece instead of the 7am I was aiming for - hasn't gone down well with OH. There should Ts & Cs stating 'thou shall not book anything online after several glasses of wine'.
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i don't think buying something with debit card can be considered a contract - its just a purchase.
the reason they have that disclaimer - that she had to agree to - and lied on - is to cover themselves in circumstances such as this.
otherwise what is the point of having the disclaimer if it serves no purpose, and does not protect them?
legally they have not acted unlawfully, so why are you trying to claim they have done something wrong? - you just want a refund because you made a mistake.
i don't see they have to refund just because of her age - you would have to prove it was her who actually bought them - using her card is not proof of who actually bought them - that's just a payment method
if she bought something in a shop with the card, you would not be entitled to your money back just because of her age - why should this be any different?
since she lied about it, they may be able to claim fraud or some such
the reason they have that disclaimer - that she had to agree to - and lied on - is to cover themselves in circumstances such as this.
otherwise what is the point of having the disclaimer if it serves no purpose, and does not protect them?
legally they have not acted unlawfully, so why are you trying to claim they have done something wrong? - you just want a refund because you made a mistake.
i don't see they have to refund just because of her age - you would have to prove it was her who actually bought them - using her card is not proof of who actually bought them - that's just a payment method
if she bought something in a shop with the card, you would not be entitled to your money back just because of her age - why should this be any different?
since she lied about it, they may be able to claim fraud or some such
You are all being misled by the debit card. You also (mostly) misunderstand my question. It is a legal one, not a moral one. HPSauce seems to have this understood though and I have followed up on that. As I now understand it, legally, a contract for non-essential items cannot be enforced on an under-18. Yes, the other side can pursue her (an under-18) for lying that she was over-18 (although given how deeply buried in the Ts and Cs this was, and given the lack of attempt they made to verify this fact, they will have a hard job).
The purpose of the question was not to get enough cause to go to court, it was to understand my legal position whilst negotiating with the train company. HPSauce has helped me well, thank you.
The purpose of the question was not to get enough cause to go to court, it was to understand my legal position whilst negotiating with the train company. HPSauce has helped me well, thank you.
Joko, a purchase is a legally enforceable contract - a contract of sale, requiring the buyer to pay for the goods/service and the seller to supply the goods/service.
Now, golightly, because your daughter is not legally able to make a binding contract (as a rule of thumb - there are exceptions) had she booked the ticket but not paid, the company would have no hope of forcing her to pay.
I would suggest that because she is not legally old enough to make a contract and as she is not in accordance with the company's T&Cs, the contract should be null and void and monies refunded.
You are her parent and have every right to step in and request a full refund on her behalf. Try it.
Now, golightly, because your daughter is not legally able to make a binding contract (as a rule of thumb - there are exceptions) had she booked the ticket but not paid, the company would have no hope of forcing her to pay.
I would suggest that because she is not legally old enough to make a contract and as she is not in accordance with the company's T&Cs, the contract should be null and void and monies refunded.
You are her parent and have every right to step in and request a full refund on her behalf. Try it.
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