Can I complain that a companies T&C's are unfair (like bank charges)?

Tomzmuffin

Heres the story...

We were brought in June 2008 a gift voucher for a hot air balloon ride for a wedding gift. We booked our first flight in April 2009 and it was cancelled due to weather we booked a following 3 times each time getting cancelled due to weather. We we called to book the 5th time we were told that our voucher ran out that day and unless we can get on a balloon flight that day (I called at 10am on my break at work) our voucher would be forfeiting and we would lose it. Apparently their rules are you need to have booked you first flight within the first 3 months of the voucher date and attempted to take the first flight within the first 6 months and had a total of 5 cancellations to be entitled to a free year extension. As we did not book our first flight within the first 3 months due to holiday restrictions they refused to extend it and told us it would cost £50 each to extend our voucher. So we paid this as it was a gift and we didnt want to waste our friends money.

Since then we have booked twice and both been cancelled. we had our 3rd attempt tonight you have to call up about 2pm to find out if a flight for 4.30pm will be going ahead. When we called they told us that it was going ahead but 20 miles away from the site we originally agreed on. They basically told us that we either make it on time to the new location or we forfeit our voucher! Apparently its in their T&C's that they can relocate when necessary and we have to go where its relocated.

I think this is incredibly rigid for an experienced based on weather and unfair to say if we cant make it - tough! I have also found out that other people were charged less to extend their voucher.

Can I complain to them that there T&C's are unfair like the bank charges are being deemed?

Hope this makes sense

Thanks for any advice

Natalie

Esqui

Yes, you can complain to them.

Whether they will do anything about it is another matter.

MarkyMarkD

You didn't buy the voucher, so you don't have any legal rights against them. Your friend who bought the voucher may claim, but as Esqui says I doubt they will do anything about it.

Tomzmuffin

We did pay £100 to extend our voucher does that count as us paying?

cleo1299

Tomzmuffin wrote: »

Since then we have booked twice and both been cancelled.

Cancelled by you or cancelled by them due to weather?

If cancelled by them, then I would agree with you it seems pretty hardnosed to cancel your voucher under those circumstances. If that's what happened, I'd say it's worth complaining to them.

But if those two bookings were both cancelled by you, that would be a different kettle of fish.

Tomzmuffin

All cancellations were made by them due to weather. I just cant get over that they seem to think its ok to move a location by 20 miles and if the customer cant make that extra milage its tough!

cleo1299

Tomzmuffin wrote: »

All cancellations were made by them due to weather. I just cant get over that they seem to think its ok to move a location by 20 miles and if the customer cant make that extra milage its tough!

You might want to read the t&c on the Virgin hot-air-ballooning site (http://www.virginballoonflights.co.uk/legalstuff.asp#tickterms). It mentions that the price of a ticket or experience deal includes weather insurance. That makes more sense than trying to force customers to change location at short notice, and then cancelling their voucher. I would get in touch with Consumer Direct and see what they think.