Lapland New Forest Scam. How to get money back...

cynical-lady

Oh that's not fair Edingburghlass, GomerPyle in no way is laughing at the situation or the people who've lost money.

Like most of us, I think he found the comments on the thread funny tonight ,that's all.

I have possibly lost £100 to Newforest myself and have nothing but admiration for him and many others who have , I think ,greatly helped to bring about the current situation.

If we can't have a laugh ,epecially in the face of adversity.....what are things coming to?

I have actually always thought it was what we British are best at,;)

GomerPyle

@ Edinburghlass - I know that well and also that the loser is usually the customer.

I got lost in the euphoria of the many wins that appear to have been achieved whilst I was away today. The possibility that even those who paid by cheque or means other than credit card or visa is a rare victory in this sort of situation. So I don't regret celebrating, and congratulating those involved, and if anyone thought I was making light of the matter, it is only because they don't know me better.

santaclaus

I do find it rather upsetting to read of people making fun of it though when so many families may have lost hard earned cash.

I don't think people are making fun of the situation, just how awful or what to expect in as much as what has been described. There are a lot of people on here, fighting to try and get this stopped for those in the unfortunate position of having purchased or about to purchase, tickets.

richtrash

cynical-lady wrote: »

I have just read the t's & c's on West Midlands.It more or less says they can cancel the whole thing and no refunds! Is that legal?

Oh and it also says they're not responsible if your disappointed:rotfl: or emotional distressed by the experience:rotfl: but as New Forest said 'It's you that makes it beautiful' so I guess it's all our own fault if we don't enjoy it.

Ha ha bloody ha

Can't believe these T's & C's can be legal, whatever happened to consumer rights:

=========================================================

Terms & Conditions

We reserve the right to postpone or cancel the Experience without notice for any reason. We will have no liability whatsoever as a result of our postponing or cancelling your visit to the Experience including but not limited to any travel costs, loss of enjoyment, disappointment, emotional distress or any indirect or consequential loss, whether incurred by you or another of your fellow guests. We will use reasonable endeavours to update the Website throughout the duration of the Experience to keep you informed about any potential postponement or cancellation of the Experience. Please review this regularly and in particular on the day of your departure to the Experience to avoid any wasted travel plans or costs. Without prejudice to our other remedies, we shall have the right in the case of any serious or persistent breach of these Terms and Conditions to cancel and withdraw any ticket(s) issued to you. In the event of such cancellation, no refund will be paid and we reserve the right to exclude you from our future events.

Tickets are non-refundable.

To the maximum extent permitted by law, neither we nor any of our directors, employees or other representatives will be liable for any of the following losses or damage (howsoever arising and whether such losses were foreseeable or not):

loss of data;
loss of profit;
loss of revenue;
loss of business or opportunity;
loss of goodwill;
disappointment or emotional distress; and/or any indirect, consequential or special loss; arising in connection with the Experience or the provision of our services to you. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any event outside our reasonable control ("Force Majeure Event"). A Force Majeure Event (without limitation) the following:

Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of public or private telecommunications networks; The acts, decrees, legislation, regulations or restrictions of any government; and/or High winds or any other adverse weather conditions which necessitate the closure of the Location for the safety of our staff and customers.

Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to provide a suitable alternative date on which you can enjoy the Experience. Please note that images shown on https://www.laplandwestmidlands.co.uk do not in any way represent the actual experience offered and may differ greatly from the actual experience on the day.

We can in no way guarantee that all spectacles, events and offers will be available on the day and we reserve the right to change or cancel any of the events within the Lapland west midlands experience due to circumstances that are beyond our control without prior notice.

=========================================================

I've seen the pictures of the nice green field with the white gazebos, I bet it turns into a quagmire after tomorrow, I can't see this attraction being open for long!

What I find appalling is that the council and trading standards seem to know its a scam and that some aspects of the event do not have a license yet they don't seem to have any power to stop it.

EdnaCloud

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codger wrote: »

Godalmighty. Have I just wasted £22,500?

I'm beginning to have some doubts about this Experience.

Re-reading the website, the welcome page is quite explicit:

Get the whole family involved in:
Skating on a Real Ice Rink
Face Painting
Balloon Making
Gingerbread Decorating
Take your pictures with the skating stars, baby huskies and reindeer free

All under the cover of ornate decorative marquees.

As the marquees are 10ft x 8ft from B&Q or similar, I'm not sure how the "skating stars" are all going to crowd inside one, plus an ice rink, plus an audience, plus baby huskies and reindeer.

Is there a Health & Safety issue here or am I perhaps worrying unduly?

EdnaCloud

santaclaus wrote: »

I don't think people are making fun of the situation, just how awful or what to expect in as much as what has been described. There are a lot of people on here, fighting to try and get this stopped for those in the unfortunate position of having purchased or about to purchase, tickets.

I echo santaclaus's statement - for those of you who feel certain contributors are taking this lightly I would recommend you read back through the posts. I think you will find that those who have made flippant comments are NOT judging the issues unfairly and are merely expressing their feelings after having made numerous posts and having taken a great deal of time to assist individuals and the forum as a whole. I also feel a previous post that expressed the sentiment of laughing in the face of adversity has got it right. I am sorry I do not have that post to hand to thank the contributor but I will do so in due course.

It appears to me that the comments regarding people 'making light' or 'making fun' of the situation have not contributed greatly to the discussion. If I am wrong I apologise but if not then I humbly suggest you take the time to read the thread before posting judgmental comments.

I hope this post does not offend, that is not the purpose, I merely hope it provides clarification and elucidation for those who read it.

Edna

GomerPyle

Unfair terms and conditions will be set aside by any court (though they will decide whether they are or not), but to be honest, if you are going down the avenue of obtaining recompense through the court, it's probably too much effort for most other than those who have paid several thousand pounds, as I believe some have.

I would hazard a guess that they are there to obfuscate and confuse. The New Jersey legal jurisdiction clause is bordering on the insane, and though I have been involved in the preparation of legal documents embodying such clauses, there is always a good reason for it being there. They aren't normally included on the whim of the contractor, either they or the contracting party being resident there.

In my opinion the best options are claiming from the card companies involved or awaiting legal action by East Dorset Council/Trading Standards for those who paid by other means, though I will bow to any superior opinion.

Seeing the positive advances on all fronts gives cause for optimism.

trisontana

This from the latest version from the West Midlands site :-

we've had some really heavy rain so please bring your wellies!!

So the muddy field syndrome strikes again !

Also all of the Disney images have now been removed.

neiljaxx

trisontana wrote: »

This from the latest version from the West Midlands site :-

we've had some really heavy rain so please bring your wellies!!

So the muddy field syndrome strikes again !

Also all of the Disney images have now been removed.

It will be like Glasto for kids... lets rock! :eek:

GomerPyle

I don't mean to be picky (I do) but on the welcome page there is still a picture of Mickey Mouse. A small one, but I imagine that's enough to fire up the Disney corporate lawyers. Is there a stage at which they lose patience I wonder ?

The picture is just above the wording "your favourite cartoon characters on show" and I presume that should be amended to *cartoon characters you've never heard of" to be strictly accurate.

Mickey also appears in the scrolling images at the top of the welcome page and is then replaced by a picture including the "Fenwick" logo - very slightly obscured. I feel another website revision is due.

One observation I would make is the opening clause in the terms and conditions

"We reserve the right to postpone or cancel the Experience without notice for any reason"

I think it is not likely to stand up in court (my personal opinion) and it has less effect when you consider that the party putting on this event have been informed by the council that they have no permission to hold it. It would appear clear then that they are knowingly offering a service which cannot be provided.

If there never was any possibility of providing the service the terms and conditions stated thereafter are largely worthless in my opinion. Providing the service in contravention of the law is not a remedy, again in my opinion.

I also note that when I last reviewed the Financial Ombudsman Service site that they DO allow anyone making a claim in the event of a dispute with a card provider, to include costs and expenses incurred, which directly contradicts the terms and conditions stated.

I suspect that FOS would win that one.

I would not claim to be a legal expert but the impressive wording of the terms and conditions is not well conceived or drafted, and does not provide for the contingency that the service provider offers a service that he knows he is not legally able to provide, but then I would feel that if such a clause were included, it would certainly not survive scrutiny by a court.