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    • CGP32
    • By CGP32 11th Jun 17, 5:01 PM
    • 4Posts
    • 0Thanks
    CGP32
    Cancellation Policy Advice please
    • #1
    • 11th Jun 17, 5:01 PM
    Cancellation Policy Advice please 11th Jun 17 at 5:01 PM
    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
Page 1
    • wealdroam
    • By wealdroam 11th Jun 17, 5:16 PM
    • 18,640 Posts
    • 15,521 Thanks
    wealdroam
    • #2
    • 11th Jun 17, 5:16 PM
    • #2
    • 11th Jun 17, 5:16 PM
    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
    Originally posted by CGP32
    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
    • By CGP32 11th Jun 17, 5:26 PM
    • 4 Posts
    • 0 Thanks
    CGP32
    • #3
    • 11th Jun 17, 5:26 PM
    • #3
    • 11th Jun 17, 5:26 PM
    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
    • By unholyangel 11th Jun 17, 5:34 PM
    • 10,974 Posts
    • 8,232 Thanks
    unholyangel
    • #4
    • 11th Jun 17, 5:34 PM
    • #4
    • 11th Jun 17, 5:34 PM
    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).
    Money doesn't solve poverty.....it creates it.
    • wealdroam
    • By wealdroam 11th Jun 17, 5:44 PM
    • 18,640 Posts
    • 15,521 Thanks
    wealdroam
    • #5
    • 11th Jun 17, 5:44 PM
    • #5
    • 11th Jun 17, 5:44 PM
    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
    • By bris 11th Jun 17, 5:56 PM
    • 6,650 Posts
    • 5,695 Thanks
    bris
    • #6
    • 11th Jun 17, 5:56 PM
    • #6
    • 11th Jun 17, 5:56 PM
    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
    • By angryparcel 11th Jun 17, 5:59 PM
    • 910 Posts
    • 516 Thanks
    angryparcel
    • #7
    • 11th Jun 17, 5:59 PM
    • #7
    • 11th Jun 17, 5:59 PM
    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
    • By LilElvis 11th Jun 17, 6:07 PM
    • 3,035 Posts
    • 8,334 Thanks
    LilElvis
    • #8
    • 11th Jun 17, 6:07 PM
    • #8
    • 11th Jun 17, 6:07 PM
    If your doctor confirms that you are medically unfit to go then you can reclaim via your travel insurance - its what its for.
    • CGP32
    • By CGP32 11th Jun 17, 6:11 PM
    • 4 Posts
    • 0 Thanks
    CGP32
    • #9
    • 11th Jun 17, 6:11 PM
    • #9
    • 11th Jun 17, 6:11 PM
    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
    • By unholyangel 11th Jun 17, 6:17 PM
    • 10,974 Posts
    • 8,232 Thanks
    unholyangel
    Reference for what? That they have a duty to mitigate their losses?
    Money doesn't solve poverty.....it creates it.
    • wealdroam
    • By wealdroam 11th Jun 17, 6:35 PM
    • 18,640 Posts
    • 15,521 Thanks
    wealdroam
    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?
    • CGP32
    • By CGP32 11th Jun 17, 7:37 PM
    • 4 Posts
    • 0 Thanks
    CGP32
    It was actually with melwells.com. Looking at consumer rights, it states that...

    ... details of any right to cancel - the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it)

    This was not provided and no details were communicated verbally, written or by any other means of contact.

    None of the following have been provided either...

    "The information should be given in writing in a 'durable medium' such as on paper or by email.!

    Alternatively, it can be provided in a way appropriate to the means of communication, so verbally if the contract is made by phone.

    You are also entitled to confirmation of the contract and if the information wasn’t initially provided in a durable form, the trader must provide it at the point of confirmation."

    No contract has been provided in relation to my case. Is this more of a trading standards issue?
    • wealdroam
    • By wealdroam 11th Jun 17, 7:48 PM
    • 18,640 Posts
    • 15,521 Thanks
    wealdroam
    It was actually with melwells.com. Looking at consumer rights, it states that...

    ... details of any right to cancel - the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it)

    This was not provided and no details were communicated verbally, written or by any other means of contact.

    None of the following have been provided either...

    "The information should be given in writing in a 'durable medium' such as on paper or by email.!

    Alternatively, it can be provided in a way appropriate to the means of communication, so verbally if the contract is made by phone.

    You are also entitled to confirmation of the contract and if the information wasn’t initially provided in a durable form, the trader must provide it at the point of confirmation."

    No contract has been provided in relation to my case. Is this more of a trading standards issue?
    Originally posted by CGP32
    It would be nice to know what you are quoting from.

    How did you pay? By card I hope? Credit card or debit card?

    Edited to add:
    Ah, you appear to be quoting from the Which website.

    Here's another quote from that same page:
    Exemptions There are some contracts where you won’t have a right to cancel a service. For example, hotel bookings, flights, car hire, concerts and other event tickets...
    Last edited by wealdroam; 11-06-2017 at 7:54 PM.
    • agrinnall
    • By agrinnall 11th Jun 17, 8:08 PM
    • 17,891 Posts
    • 13,575 Thanks
    agrinnall
    OP, you need to answer LilElvis' question about claiming on travel insurance (although as you mention your health worsening I have a suspicion that you either don't have any or that the condition would be excluded).
    • unholyangel
    • By unholyangel 11th Jun 17, 10:05 PM
    • 10,974 Posts
    • 8,232 Thanks
    unholyangel
    It was actually with melwells.com. Looking at consumer rights, it states that...

    ... details of any right to cancel - the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it)

    This was not provided and no details were communicated verbally, written or by any other means of contact.

    None of the following have been provided either...

    "The information should be given in writing in a 'durable medium' such as on paper or by email.!

    Alternatively, it can be provided in a way appropriate to the means of communication, so verbally if the contract is made by phone.

    You are also entitled to confirmation of the contract and if the information wasn’t initially provided in a durable form, the trader must provide it at the point of confirmation."

    No contract has been provided in relation to my case. Is this more of a trading standards issue?
    Originally posted by CGP32
    As mentioned, certain contracts are exempt from the right to cancel.

    However, all the other provisions (relating to providing certain information before you are bound by the contract in a durable medium) do still apply.

    So ask the trader for proof they have complied with the requirements of the Consumer Contract (Information, Cancellation & Additional Charges) Regulations 2013 and see what they say.

    Although be aware if it falls within the scope of Directive 90/314/EEC (relating to package holidays, tours etc), then the CCRs do not apply at all (not just the part about cancelling).
    Last edited by unholyangel; 11-06-2017 at 10:10 PM.
    Money doesn't solve poverty.....it creates it.
    • London50
    • By London50 11th Jun 17, 10:31 PM
    • 1,498 Posts
    • 1,411 Thanks
    London50
    It would be nice to know what you are quoting from.

    How did you pay? By card I hope? Credit card or debit card?

    Edited to add:
    Ah, you appear to be quoting from the Which website.

    Here's another quote from that same page:
    Originally posted by wealdroam
    From OP's first post

    First half of the full amount was paid on 4th May by bank transfer with the remainder paid last week.
    • wealdroam
    • By wealdroam 11th Jun 17, 10:35 PM
    • 18,640 Posts
    • 15,521 Thanks
    wealdroam
    From OP's first post

    First half of the full amount was paid on 4th May by bank transfer with the remainder paid last week.
    Originally posted by London50
    Thanks. I missed that.

    I guess the remainder was also by bank transfer, perhaps the OP will confirm?
    • CardinalWolsey
    • By CardinalWolsey 12th Jun 17, 12:35 PM
    • 56 Posts
    • 61 Thanks
    CardinalWolsey
    That cost was only for the retreat itself - you had to arrange flights independently. Assuming you also had those booked, how are you handling their cancellation?

    As others have said, if you are too ill to travel, that's where your travel insurance comes in.
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