Quote from: Marie_Bard on July 21, 2023, 02:26:25 PMThere are cases though where "Non-refundability" of a deposit is justified by law. For exampel, if (in this context) your commitment to be operated on a certain date resulted in expenses to the doctor or hospital (like booking an Operating room, scheduling allocating staff, ordering shipping of devices and other supplies etc) maybe they are legally intitled to keep the money if they are not in fault for the cancellation (especially if the terms were clearly expressed at the time when the commitment was requested). The other party then must just acccept the responsibility of their commitment due to exceptional unforeseen events. I am not so sure you have a strong case here!
Nope, wouldn't put the business on the stronger footing because they incurred expenses. That's called the cost of doing business, fundamentally the contract is you will pay x and I will provide y, if y isn't provided due to no fault of the party requesting y, there is absolutely a case.
Quote from: Bagga on July 21, 2023, 04:18:08 PMPeople is giving opinion cos they are mot paying for legal proceeding fees and lawyer salary.
Let our dear friend make his decision then!
Hope he is not a "penny wise pound foolish" LOL!
It's very clear you have no knowledge about how the legal system works. Contracts that contain terms that break the law of the land aren't valid. You can't be absolved from liability for providing the substance of the contract itself while at the same time keeping the money that was given for the performance of the contract, it doesn't matter what was signed and agreed.
Quote from: G8788 on July 21, 2023, 07:49:24 PMNope, wouldn't put the business on the stronger footing because they incurred expenses. That's called the cost of doing business, fundamentally the contract is you will pay x and I will provide y, if y isn't provided due to no fault of the party requesting y, there is absolutely a case.
It's very clear you have no knowledge about how the legal system works. Contracts that contain terms that break the law of the land aren't valid. You can't be absolved from liability for providing the substance of the contract itself while at the same time keeping the money that was given for the performance of the contract, it doesn't matter what was signed and agreed.
Pls sponsor him for the legal and lawyer fees.
Ciao!
Quote from: Bagga on July 22, 2023, 01:26:26 AMPls sponsor him for the legal and lawyer fees.
Ciao!
Sure if I get a cut of the winnings.
How much will you be contributing to the legal defence of Athens BJR?
Quote from: Bagga on July 22, 2023, 01:26:26 AMPls sponsor him for the legal and lawyer fees.
Ciao!
I suspect you are close to the Dr Giotikas. You support him a lot 
Don’t know who’s in the legal right or wrong here, but it’s pretty sh*ty / borderline unethical that your deposit wasn’t returned. The doctor could totally just return the deposit to you as a token of good faith. Doubt he’s hurting for money.
Quote from: Omar on July 22, 2023, 10:12:48 PMI suspect you are close to the Dr Giotikas. You support him a lot
LOL
I m helping the guy to make wise decision.
Of course, he can engage lawyer and fight the case, ending spend more money and time.
Sometimes, we need to be smart and do the Cost-benefit analysis.
Quote from: G8788 on July 22, 2023, 08:24:09 PMSure if I get a cut of the winnings.
How much will you be contributing to the legal defence of Athens BJR?
My Wise Advise is priceless!
Quote from: Bagga on July 25, 2023, 07:13:02 AMMy Wise Advise is priceless!
Your 'advice' is to be a cuck and let a company get away with cheating you. No thanks.
This won't cost much in Europe to contest. You won't need a lawyer. Just file the claim here under the small claims procedure, it's very simple: https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/european-small-claims-procedure/index_en.htm
No legal costs can be claimed back by the losing party either so no, you won't be on the hook for Athens BJR's fees in the highly unlikely event they won. All that's payable is the court fee by the losing party.
I've sued 3 companies before (not for LL) and won each time. Plenty of companies have unenforceable and outright illegal terms and conditions in their contracts, it doesn't matter if you 'agree' to it or not, stuff like this has the same legal validity as an 'agreement' to smuggle 1kg of cocaine from Albania to Germany.
Received a reply from the Greek ombudsman for extra documents, like the e-mail and the e-receipt.
I also submitted an European small claims procedure to the court of Athens, thank you for the hint.
Contacted a lawyer for a case in Athens but I'm gonna wait a bit to see the result of these 2 actions first.
To reply to others, I spoke to a friend lawyer who said that in my country (also EU) this is a case that I can win, though nothing is guaranteed in courts.
Let me explain the reason why I do this, because some people think i shouldn't waste more money on this. I'm well off and I have money to spend. I absolutely hate how I was treated by them and cheated and their messages to me. To some emails they just don't reply. Also how they just postponed me some months because the device will be back.
I am willing and will spend a lot of money and energy to fight them. That is an illegal claim in the contract. Also, a tourist trip to Athens, in which I also pay them a "nice" visit doesn't sound too bad.
If somebody else has some other ideas on how to fight them, please share.
Yours, M (full of anger)
What are you going to do to them if you decide to visit them?
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