Parkwood Leisure Swimming Lessons - Cancellation Rights

swollendrain

Hi All, I have a question about my wife's cancellation rights.


Firstly, a little background:

My wife and I are currently members of our local Nuffield Leisure Centre and go regularly (although the Xmas period has destroyed all the good work to date). Our youngest son has attended and completed his level 2 swimming course at Nuffield's.

We live in Newbury and the local Parkwood Leisure Owned Centre is named "Northcroft Leisure Centre".

My wife decided that she wants our son to attend the next course for his level 3.


The issue:

My wife accidently called "Northcroft" in her mobile's contact list on the 3rd January 2011 and was greeted by a lady on the phone whom quite happily took her booking for our son on the next round of swimming lessons that take place on Mondays, indeed the lady asked "Are you a member?"
To which my wife replied "Yes", as she thought she had called Nuffield's
After providing a quoted cost of £54, my wife gave over her Debit Card details.

Now, on Monday 9th, my wife took our son down to Nuffield's only to find out he wasn't booked on the course. After looking though her phone history she discovered the error.


The Question:

I believe under the Distance Selling Rules businesses must give consumers:

1. clear information about the goods or services offered before they buy
2. written confirmation of the purchase and delivery details
3. a seven working day cooling-off period in which the order can be cancelled and a refund claimed.

So yesterday and today she has called Northcroft's and has been refused a refund as it is against their Terms & Conditions (though my wife has never seen these, nor were they quoted in the booking telephone conversation).
They have offered a credit note, however we do not use the facilities of their establishment.

They have offered to book our son at an alternative centre (Thatcham) however their Level 2 course is fully booked. So this also tells us they've booked our son on the wrong course (as Level 3 was requested).


In Short, where do we stand as consumers? Can they refuse a refund as a credit-note is unusable? Can she ever get her money back?

arcon5

The problem here is, on the day the first lesson was, the service was made available to her. And under DSRs once a service begins, you forfeit your right to cancel.

xxJudexx

arcon5 wrote: »

The problem here is, on the day the first lesson was, the service was made available to her. And under DSRs once a service begins, you forfeit your right to cancel.

But then it also sounds as though it was mis sold as the child was booked on level two when level three was requested?

wealdroam

So OP, your wife booked a course at one leisure centre but then went to another leisure centre on the appointed day.

Sorry, but I cannot see that this is anyone's fault but your wife's.

Tell us again why your wife is due a refund when she didn't turn up for her booked appointment?

halibut2209

He's not asking if he is "due" a refund. He is asking if he can get one. Very different.

mountainofdebt

halibut2209 wrote: »

He's not asking if he is "due" a refund. He is asking if he can get one. Very different.

ok - but the answer is still no.

Unfortunatelty (or fortunately depending on your outlook) the DSRs do not cover stupid wives who phone the wrong sports centre, even by accident.

Next question.

halibut2209

This is becoming a very aggressive insulting forum. There is no need to call people stupid. I really don't know why people with such high post counts on a money saving forum feel it necessary to act in such an immature and unfriendly manner. Is this really what we've become?

mountainofdebt

OK I'm sorry if I offended anyone but really, come on, to complain that a company has offered a credit note when really they had no obligiation to is more than clutching at straws.

and btw if I had done something simliar my OH would have had no hesitation in calling me stupid -and it wouldn't be anything that I wasn't calling myself.

arcon5

xxJudexx wrote: »

But then it also sounds as though it was mis sold as the child was booked on level two when level three was requested?

Or just an admin error easily rectified?

If they for some reason didn't offer level 3 afterall, op would have grounds to cancel. Although proving what was and wasn't discussed on the telephone is extremely difficult.


I think the biggest problem with this thread is the fact op has completely neglected the fact it was his wife that made the mistake and now making them look to be the bad guy.

hcb42

http://www.out-law.com/page-430

unholyangel

(2) Regulations 7 to 19(1) shall not apply to—

(a)contracts for the supply of food, beverages or other goods intended for everyday consumption supplied to the consumer’s residence or to his workplace by regular roundsmen; or
(b)contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period.

May also be worth pointing out DSRs are only applicable where the entirety of the contract takes place at a distance. This contract would be concluded face to face.

“distance contract” means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;

Sorry but DSRs are a red herring in this case as they do not apply.