HA/OD enquiries asking to reply directly

[AndrewH]

Do they also send you alternatives when you are enquiring? For example if someone enquires about our place do they then get spammed with alternative 4 bed villas in Ibiza?

Do you know, Mousie, it was that long ago that I can't really remember and such messages will be deleted by now. But, actually, I believe they did do just that. Would need to do another test to be sure.

I think HA probably are breaking UK consumer law, when they do this, but it would give anyone a headache trying to research it. I expect they have found a nice little loophole somewhere to use in their defence. A "Policy" might induce a contract, but it cannot be considered a contract term by itself.

HA can't hide behind American legislation, because they have a London HO address for serving writs etc. (I remember those offices well, because I worked there on the very same floor in the 1960's, not for HA! ).

There is an awful lot to read in GreenBarn's link, when you start linking over to further pages, but this did strike me:

Penalties
If you break the regulations, you could be reported to either a local Trading Standards office or the Competition and Markets Authority (CMA). You could be fined, prosecuted or imprisoned.

So, Mr. Sharples, you had better do things right, unless you fancy doing time in Wandsworth.

[PW in Polemi]

I sent a test enquiry from a private email of mine to us on HA at the end of March. Since then, I have received 23 emails from HA along the lines of "still looking for a place to stay?" or "special deals we think you'll love" or "escape to your sunny villa" - and none of the featured properties are the one I enquired about (i.e. ours) and indeed some of them are not even in Cyprus! And a lot of the emails are addressed "Dear Colleague" - I don't work with them. I don't want to work with them. I am certainly not their colleague.

The "letterhead" of the emails states, in smallish print, at the foot of the page "This is a service from HomeAway.co.uk, which is only sent to subscribers and never sent unsolicited. You are currently subscribed as [my email]. If you no longer wish to receive our newsletters then please unsubscribe here."

Now, I never subscribed. They only have my email because I sent an enquiry to a subscription advertiser, not a commission advertiser. So they have no reason to keep my details. As far as I'm concerned, all these emails (not really newsletters IMO) are UNSOLICITED.

One day, I'll get sufficiently wound up to sort them out

[greenbarn]

Penalties
If you break the regulations, you could be reported to either a local Trading Standards office or the Competition and Markets Authority (CMA). You could be fined, prosecuted or imprisoned.

So, Mr. Sharples, you had better do things right, unless you fancy doing time in Wandsworth.

A whole virgin area of temporary accommodation that I bet Sharples hasn't even thought of yet! I wonder what the advertising slogan will be.....?

Still, let's not knock the idea - remember how successful Butlin's was at one time?

[AndrewH]

A whole virgin area of temporary accommodation that I bet Sharples hasn't even thought of yet! I wonder what the advertising slogan will be.....?

[AndrewH]

... "This is a service from HomeAway.co.uk, which is only sent to subscribers and never sent unsolicited. You are currently subscribed as [my email]. If you no longer wish to receive our newsletters then please unsubscribe here."

Now, I never subscribed. They only have my email because I sent an enquiry to a subscription advertiser, not a commission advertiser. So they have no reason to keep my details. As far as I'm concerned, all these emails (not really newsletters IMO) are UNSOLICITED.

One day, I'll get sufficiently wound up to sort them out

It looks like HA are breaking the rules IMO.

[greenbarn]

... "This is a service from HomeAway.co.uk, which is only sent to subscribers and never sent unsolicited. You are currently subscribed as [my email]. If you no longer wish to receive our newsletters then please unsubscribe here."

Now, I never subscribed. They only have my email because I sent an enquiry to a subscription advertiser, not a commission advertiser. So they have no reason to keep my details. As far as I'm concerned, all these emails (not really newsletters IMO) are UNSOLICITED.

One day, I'll get sufficiently wound up to sort them out

It looks like HA are breaking the rules IMO.

Sending out the emails is a fantastic marketing opportunity at close to zero cost for HA, and I'm sure they'd be loath to lose that opportunity. As an organisation hardly renowned for being the epitome of good business practices and worthy ethics, and having no doubt calculated the penalty if they're grassed up (keeping the Wandsworth vernacular going ), it doesn't really suit them to observe that irritating bit of law, does it?

[e-richard]

Now, I never subscribed. They only have my email because I sent an enquiry to a subscription advertiser, not a commission advertiser. So they have no reason to keep my details. As far as I'm concerned, all these emails (not really newsletters IMO) are UNSOLICITED.

I'm sorry to tell you that you did "subscribe". When you sent the enquiry.......

By clicking 'Send Email' you are agreeing to our Terms and Conditions and Privacy Policy. We will contact you with HomeAway news, special offers and other information. You can opt out at any time. Find out more here.

(I've only underlined the links, not actually linked to the pages and pages of minute, boring and incomprehensible gobbldygook)

[AndrewH]

... By clicking 'Send Email' you are agreeing to our Terms and Conditions and Privacy Policy. We will contact you with HomeAway news, special offers and other information. You can opt out at any time ...

Ah, that's their "get out".

[tavi]

Thanks Newtimer I hadn't thought of this, I am on subscription & my phone number is there on both sites so just curious if anybody else is getting these, obviously could be genuine, I did reply to 2 emails but not the others, they were different names but same wording. Thanks again

Going back to the original query. The above is very definitely a Red Flag. Different names but the same wording????????????!!!!!!!!!! More than two emails like this ????!!!!! Doesn't sound quite right to me.

[COYS]

Do they also send you alternatives when you are enquiring? For example if someone enquires about our place do they then get spammed with alternative 4 bed villas in Ibiza?

Absolutely, that is what they do Mouse.
Typically along the lines of 'you might also be interested in' accompanied by photos & direct links. In all probability promoting higher yield commisions where possible.

[greenbarn]

By clicking 'Send Email' you are agreeing to our Terms and Conditions and Privacy Policy. We will contact you with HomeAway news, special offers and other information. You can opt out at any time. Find out more here.

(I've only underlined the links, not actually linked to the pages and pages of minute, boring and incomprehensible gobbldygook)

The killer question is - where, at that point in the transaction, is the clearly presented possibility to opt out?

[newtimber]

By clicking 'Send Email' you are agreeing to our Terms and Conditions and Privacy Policy. We will contact you with HomeAway news, special offers and other information. You can opt out at any time. Find out more here.

(I've only underlined the links, not actually linked to the pages and pages of minute, boring and incomprehensible gobbldygook)

The killer question is - where, at that point in the transaction, is the clearly presented possibility to opt out?

There's no obligation to click 'Send Email'. You don't have to enquire about the property if you don't want to.

[greenbarn]

The killer question is - where, at that point in the transaction, is the clearly presented possibility to opt out?

There's no obligation to click 'Send Email'. You don't have to enquire about the property if you don't want to.

That's stretching it by more than a lot. There needs to be a specific opt out action; sending an enquiry and opting in to receiving mailing are two completely separate entities.

[e-richard]

That's stretching it by more than a lot. There needs to be a specific opt out action; sending an enquiry and opting in to receiving mailing are two completely separate entities.

Well HA do stretch it and those two entities ARE linked. Here are the only ways to opt out:

You may opt-out of receiving marketing communications from us by the following means:
1. Contact us at Customer Support,
2. Follow the instructions included in each communication or newsletter,
3. Use the Unsubscribe function, or
4. Mail the request to us at:
HomeAway UK Ltd, Attn: General Manager, Portland House, 25th floor, Bressenden Place, London, SW1E 5BH, United Kingdom

So, you can either contact HA PRIOR to making an enquiry, or you can wait till you get the first junk email then click unsubscribe or opt out.

I actually tried (as a guest) clicking the link to "contact customer support" and it was not easy to find out how to contact them.

[greenbarn]

So, you can either contact HA PRIOR to making an enquiry,......

...... or you can wait till you get the first junk email then click unsubscribe or opt out.

......and hope that request is passed on to every other organisation they've fed your details to.

They really are complete scumbags aren't they? Up there with the spammers and scammers that deserve stoning, I reckon.