Pennine Helicopters - no flight over 2 years later

Happyjaw

Any reason for not drumming up the goods in over 2 years is not good enough.

The weather and the helicopter being out of use are the reasons apparently. Which would be fine had it been over one winter perhaps and the flight had taken place soon after but 2 years is simply ridiculous.

pulliptears

TOC's are here if it helps anyone:

http://www.penninehelis.co.uk/terms.php?PHPSESSID=89065e98e5195dab0330abb515083a32

Anihilator

Happyjaw wrote: »

Any reason for not drumming up the goods in over 2 years is not good enough.

The weather and the helicopter being out of use are the reasons apparently. Which would be fine had it been over one winter perhaps and the flight had taken place soon after but 2 years is simply ridiculous.

Well why dont you insist on them taking you up in dangerous weather or a fault helicoptor. Dont sue when you get seriously injured though:rolleyes:

Noctu

Anihilator wrote: »

Well why dont you insist on them taking you up in dangerous weather or a fault helicoptor. Dont sue when you get seriously injured though:rolleyes:

You're saying that 12 seperate cancellations were all genuinely due to adverse weather or helicopter problems?

Very unlikely.

Happyjaw, I hope you manage to get this sorted out - small claims court also comes to mind after recorded delivery letters.

Anihilator

Noctu wrote: »

You're saying that 12 seperate cancellations were all genuinely due to adverse weather or helicopter problems?

Very unlikely.

Happyjaw, I hope you manage to get this sorted out - small claims court also comes to mind after recorded delivery letters.

I think its very possible for a helicoptor that does pleasure flights yes.

I suggest you look at how often Helicoptors crash due to weather conditions.

Helicoptors are very sensitive things and the slightest bit of bad weather or problems can easily be catastrophic.

HardSpend

Sad situation and it does sound like you have given them a reasonable period of time however they do make it clear in the t&c no refunds for cancellations and you need to rebook, every time you rebook you get a 12 month period to schedule it in.

I think an important date is that of the letter rescinding their offer of a full refund in 2008. Their 1st letter offering a refund if it was canceled is clearly changing the contract. If the 2nd letter with them changing their minds was after the cancellation I don't see how they can win their case since they no longer have the upper hand of the t&cs.

I think a judge would want them to prove with a MET office report that the weather was not good or explain what these unforeseen circumstances actually were.

Happyjaw

It's obvious that I wouldn't want my Dad to go up in a helicopter in bad weather but it does seem quite ridiculous by now that he cannot have his gift experience. It's gone beyond reasonable for due care and attention and I can imagine this going on for another 2 years quite easily if we allowed it.
Had I been aware of the enormous level of cancellations I would never have booked the flight, they don't make that clear on their website. I don't believe they mention helicopter malfunction on there either.

I firmly believe that if I've spent the money I should see the resulting product/experience within a reasonable amount of time. 1 year was reasonable with the full circle of seasons. 2 years is ridiculous and we're now tipping over the two year mark with practically no chance of flights until March/ April next year due to further adverse conditions.

The company are too busy sticking to their t&cs to see the overall issue here which relates to the consumer element of the transaction. If they cannot provide, within a reasonable timescale then refund!

KeithP

Happyjaw, you are absolutely right. You have waited long enough.

The only way you are going to resolve this is via the Small Claims Court.

As others have said, send a recorded delivery letter explaining the problem, tell them what you expect them to do about it (e.g. refund the money), and giving them say 14 days to do it. The letter should also explain what will happen if they don't refund... i.e. that you will start legal proceedings against them.

This letter is known as a letter before action. It is the first stage of the legal process. Google letter before action for many sample letters.

Have a look at the Money Claim Online website for a detailed explanation of the following steps.

Happyjaw

If I were to go down the small claims route, which frankly I'm worried about, how are the chances stacked?
My issue is reasonable time but their T & Cs don't limit it. Also, the guy at Pennine very arrogantly said no one has got their money back yet, which concerns me again. I'm already losing money at this stage and I can't afford to keep throwing money away.

I realise he might be using this to put me off pursuing them.

How much time is needed to get involved in small claims? I'm a single parent working to deal with the mortgage and frankly every spare moment is spent working, am I going to lose on earnings as well by chasing this?

4743hudsonj

Happyjaw wrote: »

If I were to go down the small claims route, which frankly I'm worried about, how are the chances stacked?
My issue is reasonable time but their T & Cs don't limit it. Also, the guy at Pennine very arrogantly said no one has got their money back yet, which concerns me again. I'm already losing money at this stage and I can't afford to keep throwing money away.

I realise he might be using this to put me off pursuing them.

How much time is needed to get involved in small claims? I'm a single parent working to deal with the mortgage and frankly every spare moment is spent working, am I going to lose on earnings as well by chasing this?

its a form online 30 mins tops

court time is also very minimal and all costs are refunded if you clai for them and win...... and the judge allows it

very fast, very simple and once you have done it, you will never be intimidated again.