[kara]

7. Under no circumstances will there be a refund for any vote cast (including where a housemate has already left the House voluntarily) or for any misdialled calls. Channel 4 will announce whether any housemate has left voluntarily as soon as reasonably practicable on the Channel 4 website.

from the terms and conditions you agree to whenever you vote on BB

http://www.channel4.com/bigbrother/n...ms-voting.html

[Deep2]

It explicitly mentions any 'misdialled calls' and 'voluntarily leaving the house'. However, evicting someone, then having them back in, may not be considered reasonable, you cannot just claim 'under no circumstances'. If it is blatantly unreasonable, it may not be equitable.

[kara]

Under no circumstances

[Deep2]

Originally posted by kara
Under no circumstances

Read what I wrote properly. I covered this point.

[bonnie43uk]

it's still annoying for those poor punters who've spent mega dosh voting someone out because they absolutly DISPISE them, .. then they are allowed back in. ... and allowed to WIN the £100.000 .

BB can change the rules at any time though.

Lifes' a bitch!

[Deep2]

If BB can change the rules at any time, that means there are no rules and it is not a game any more. Every game has rules. This has ust become a programme of wannabes and it is money exploitation.

[Lizzy]

they shouldnt be able to win - but other than that think its a good idea

[Deep2]

Originally posted by Lizzy
they shouldnt be able to win - but other than that think its a good idea

Absolutely. But the fact they can win, destroys all the fundamentals of the game.

[kara]

[easypeasy]

Originally posted by Deep2
If BB can change the rules at any time, that means there are no rules and it is not a game any more. Every game has rules. This has ust become a programme of wannabes and it is money exploitation.

yes. sad but true.

[easypeasy]

even the golden ticket idea was a farce to further someones showbiz career........

[Slartibartfast]

The thing with BB being able to change the rules at any time only applies to the housemates. They don't have the power or authority to change things like trading standards, advertising regulations or contract law.

Think of it like this: when you phone or text to evict someone, you basically enter into a contract with Channel 4/Endemol. You agree to pay a fee and they agree to register one vote for that person to be evicted. It then depends on what the actual contractual definition of "evicted" means. If it's simply that the person leaves the house, then fine. But if it's that the person is evicted from thehouse so they no longer have an opportunity to win the show (which is a more likely implicit definition) then that person shouldn't be able to return. By now returning with the chance to win, Channel 4 is in breach of the contract you have with them and you could arguably sue for your money back.

As for the "Rule 7", the Unfair Contractual Terms Act may affect that as it allows IIRC clauses in contracts which are unfair, illegal or not properly bought to the attention of the contracting party to be declared null and void.

[kara]

yes but "Under no circumstances" means "Under no circumstances" - and by voting, you have prima facie accepted the T&Cs

[kara]

and "res ipsa loquitur"

[Deep2]

Originally posted by kara
yes but "Under no circumstances" means "Under no circumstances" - and by voting, you have prima facie accepted the T&Cs

You don't seem to get the simplistic fact that 'under no circumstances' CANNOT mean under no circumstances. It is just terminology.

[kara]

i'm putting you on ignore

[Foebane100]

If the ICSTIS says they have to repay the money then under no circumstances means nothing.

The watchdog would order service providers iTouch and Minick, which handle the phone lines and text votes, to issue the refunds.

[Slartibartfast]

Originally posted by kara
yes but "Under no circumstances" means "Under no circumstances" - and by voting, you have prima facie accepted the T&Cs

And I'm sure this is exactly the defence that Channel 4 would use, but the fact remains that it can be declared as nulll by the UCTA.

This seems useful:

http://www.oft.gov.uk/Consumer/Unfai...ts/default.htm

And when you vote, you have accepted the terms and conditions, there's nothing prima facie about it, you've accepted them, fact!

[Deep2]

Originally posted by kara
i'm putting you on ignore

Those who ignore remain ignorant.