Cancellation Policy Advice please

CGP32 · 11 June 2017 at 5:01PM

Hello,
Ironically this is about boosting self esteem.
Early May I was approached to join an exclusive retreat from 1st to 8th August 2017 from a well known author (self help) due to someone cancelling and I jumped at the chance. First half of the full amount was paid on 4th May by bank transfer with the remainder paid last week.
When booked I received an email saying how excited they were that I was coming but with no receipt of payment, outstanding balance or any T&Cs regarding cancellation.
Since then, my health has worsened through illness and am no longer able to go. I contacted the support team on Friday 9th June to cancel however they have come back and said I am not entitled to any refund due to their T&Cs (even though I have never been sent anything or visible on their website?). Surely this should be visible as part of my consumer rights especially when this was £1600 and given this is almost 2 months away. I have no receipt, no T&Cs, nothing.
Please can anybody offer any help or advice??!!!
Thanks

wealdroam · 11 June 2017 at 5:16PM

CGP32 wrote: »

Hello,
Ironically this is about boosting self esteem.
Early May I was approached to join an exclusive retreat from 1st to 8th August 2017 from a well known author (self help) due to someone cancelling and I jumped at the chance. First half of the full amount was paid on 4th May by bank transfer with the remainder paid last week.
When booked I received an email saying how excited they were that I was coming but with no receipt of payment, outstanding balance or any T&Cs regarding cancellation.
Since then, my health has worsened through illness and am no longer able to go. I contacted the support team on Friday 9th June to cancel however they have come back and said I am not entitled to any refund due to their T&Cs (even though I have never been sent anything or visible on their website?). Surely this should be visible as part of my consumer rights especially when this was £1600 and given this is almost 2 months away. I have no receipt, no T&Cs, nothing.
Please can anybody offer any help or advice??!!!
Thanks

Hi, welcome to the forums.

Can you please tell us the name of the company?

You won't be able to post a proper link to their website, but if you break up the link with a couple of blanks we should be able to work it out.

CGP32 · 11 June 2017 at 5:26PM

Thank you for your help and thanks for the welcome.
It's Mel Wells and it's her retreat Company. It's the Bali trip on 1st August.
You should be able to find the website easily through google.

unholyangel · 11 June 2017 at 5:34PM

Yes, you cannot be bound by T&C's that you had no opportunity to become acquainted with. However in the absence of T&C's, common law would apply.

And under common law, if you do not have a contractual or statutory right to cancel a contract, it is whats known as wrongful cancellation (breach of contract basically). In those circumstances, you would be liable for any reasonable losses incurred as a result of your breach. They have a duty to try and mitigate their losses (by reselling to someone else for example), but if they werent able to, you could potentially be liable for the full contract price (although any savings should be factored in - ie if its full board and they no longer have to order in food for your stay).

wealdroam · 11 June 2017 at 5:44PM

Here's the link to that Bali trip: melwells.com/baliretreat.

Interesting to note that it is sold out.
If you were to cancel, I wonder if they would be able to re-sell your place?

bris · 11 June 2017 at 5:56PM

Oh dear it looks like one of those hippy places you only see in the movies, do people actually go to these things for real?

angryparcel · 11 June 2017 at 5:59PM

The terms are in the sites footer, but these are just generic script terms with their name added to make it relevant to the site.

LilElvis · 11 June 2017 at 6:07PM

If your doctor confirms that you are medically unfit to go then you can reclaim via your travel insurance - its what its for.

CGP32 · 11 June 2017 at 6:11PM

I know that there was a waiting list for people to sign up.. there must be people ready to take the place. They said that I could try and find a replacement.. but as I don't actually have a social network (the whole reason I was going on it is for the self-esteem etc) this is useless. They would be the ones with details of others.
@unholyangel do you have a reference that would help me argue my case with them please?

unholyangel · 11 June 2017 at 6:17PM

Reference for what? That they have a duty to mitigate their losses?

wealdroam · 11 June 2017 at 6:35PM

OP, as you say, there are no Terms and Conditions on their website that are relevant to your booking.

Did you actually make your booking with melwells.com or was some other company involved?

Cancellation Policy Advice please

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