Can I get a refund - are they within their rights???

swit

[FONT=&quot]Hi all[/FONT]

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[FONT=&quot]A Thames swim I entered was cancelled due to poor water quality. I have been offerred two alternative, but I can't make either of them. I've been advised by the event organisers that I am not entitled to a refund. Is that right???
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[FONT=&quot]What they've said is:[/FONT][FONT=&quot]
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[FONT=&quot]
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[FONT=&quot]Alterations, Cancellations and Rescheduling of the Event[/FONT][FONT=&quot]
XXXX reserves the right to alter the date and start time of the event. In the event of a change of date or start time the participants will be notified of the change with as much notice as reasonably practicable. No refund in full or in part shall be made for any change in date or start time for an event.[/FONT][FONT=&quot][/FONT]
[FONT=&quot]I agree the organiser reserves the right to amend the event format, reschedule the event or cancel the event due to circumstances beyond reasonable control or for any safety related reason. I am aware that the organiser may reschedule or cancel the Event if circumstances beyond their reasonable control arise, including, without limitation, war, civil or political unrest, terrorism or inclement weather conditions, water quality or water temperature.[/FONT]

bod1467

How much are we talking about?

I'd suggest that the No Refund policy amounts to a penalty, and thus an unfair term. Might be worth sending them a Letter Before Action (a necessary step before instigating Small Claims Court proceedings) to recover the monies you paid ... this may lead to a "goodwill" gesture of a refund.

However I'd wait for other replies first - I may be way off-base with this in respect of this being an event rather than a product or service.

arcon5

I'd say this is a perfect example of an 'unfair' term, thus unenforceable.

swit

Thanks loads for your replies. I've emailed to ask for an address re issuing a Letter Before Action. I'll let you know how I get on. It cost £36 to enter, but it's more the principle of the matter. Actually, £36 is no small fee...

McKneff

Too right it's no small fee, go for it.

swit

So the organisers have replied giving me an address to write to - nice as pie... Is there a template for a Letter Before Action anywhere here please?

S :-)

somethingcorporate

Google it, plenty of options to choose from.

I don't think MSE has a standard LBA template.

swit

Well folks, I finally got round to posting a Letter Before Action to the company. The day after I posted the letter (recorded delivery), I received an email to say that I will be refunded the full amount. No refund showing in my bank account as yet, but at least it's a positive response.

Thanks loads to those who replied to this thread.

Best wishes,

S :-)

mountainofdebt

I personally admire anyone willing to swim in the Thames.....personally I think going to a war zone would be less hazardous to my health

malchish

swit wrote: »

Well folks, I finally got round to posting a Letter Before Action to the company. The day after I posted the letter (recorded delivery), I received an email to say that I will be refunded the full amount. No refund showing in my bank account as yet, but at least it's a positive response.

Thanks loads to those who replied to this thread.

Best wishes,

S :-)

Well done, OP!!!! brilliant!:T

paddyrg

Well done. Unfair term, promoters try it now and again, but amateur promoters don't realise you need to treat entry money as a bonus, but pay costs out of your backers pot/sponsorship/back the costs themselves. Maybe they have just found that out!

I know an amateur promoter who is selling his house now to pay back tickets bought, promotion is a tough gig. Don't know what your company are doing to get cash, but at least they are offering to pay up!

As for the water quality of the Thames, it is actually a very clean river, surprisingly so. It may look brown with fine sediment particles but it has attracted back a lot of wildlife and is very healthy as a whole! OP, can you have a private swim? I've seen people diving off Tower Bridge and swimming to the side, not reccomending that of course (stupid idea) but you are hard to stop if so minded. Or try swimming it around Oxford, lovely up there, very green