Experience Day. Is non refundable refundable?

WiganRobster

I recently bought an experience day as a present for my wife for our anniversary. Four months on from the date of our anniversary and the original date of the experience, she is still yet to experience it. It's an outdoors activity and weather dependent. We've had countless dates given only to be cancelled due to the weather (by them). The shine has gone off the day particulary for her and the experience would not be the same as it would have been all those months ago.

My question to you is ...Am I entitled to a refund? I have never called them to cancel, but the site says it's non refundable. Is this unreasonable, and is 4 months a reasonable length of time for a outside activity (Falconry) to have taken place.

transient

When it was booked I am sure you knew it was weather dependant? Assume you read the T&C's as a lot of these types of days are are weather dependant. Think with most you have to try booking up for a year to get a day set.

Dont think you can at this point

arcon5

It's likely classed as a leisure service and excluded from your rights to cancel under DSR.

If you knew it was weather dependant I don't think they can be blamed for it

Hintza

I also imagine they will be struggling with a backlog as I imagine quite a few days were cancelled. Why not approach them and ask for an alternative type of day.

The company will be finding this a bigger headache than you will be.

malchish

Yes, you may be entitled to a refung for breach of contract. Whatever the T&C say, there is an implied term of contract that the activity should happen within a reasonable time. In your case, you can agrue that this became unreasonable.
Do cancel, you have got nothing to losel They won't risk going to court over their soggy terms&weather conditions.

transient

malchish wrote: »

Yes, you may be entitled to a refung for breach of contract. Whatever the T&C say, there is an implied term of contract that the activity should happen within a reasonable time. In your case, you can agrue that this became unreasonable.
Do cancel, you have got nothing to losel They won't risk going to court over their soggy terms&weather conditions.

I dont think 4 months is unreasonable considering this event day is based on good weather and the consumer knew this before purchasing the product also bearing in mind the weather. I dont see how they have breached their contract? Also would hazard a guess some of these event days cannot be held due to weather conditions due H&S.

DVardysShadow

transient wrote: »

I dont think 4 months is unreasonable considering this event day is based on good weather and the consumer knew this before purchasing the product also bearing in mind the weather. I dont see how they have breached their contract? Also would hazard a guess some of these event days cannot be held due to weather conditions due H&S.

The contract may not be breached, but it certainly is frustrated. And if it is frustrated then that is grounds to cancel and expect a refund.

OP, depending on the number of dates you have had so far, I suggest that the right thing to do is to write a letter and state that if 2 more dates are arranged and both cancelled, you will regard the contract as frustrated and expect a return of your money.

malchish

DVardysShadow wrote: »

The contract may not be breached, but it certainly is frustrated. And if it is frustrated then that is grounds to cancel and expect a refund.

OP, depending on the number of dates you have had so far, I suggest that the right thing to do is to write a letter and state that if 2 more dates are arranged and both cancelled, you will regard the contract as frustrated and expect a return of your money.

Excellent idea. Such arrangement finds the good outcome for both parties, and entitles you to a refund virtually after 2 more tries.