Service not provided - wanted a refund

alexthepenguin

I bought a "London by Helicopter" voucher for two from Virgin Experience in early July which I then redeemed with adventure001 (third party). However, I have been having problems with adventure001 for the following reasons:

1. Our departure location was changed from with only two days' notice
2. The booking in point 1 above was subsequently cancelled on short notice on 17 August 2013
3. Our rebooking on 15 September 2013 was also cancelled on short notice
4. Our third rearrangement on 27 October 2013 was again cancelled on the date just an hour prior to departure
5. We have now been informed by adventure001 that no further flights will be available until February 2014.

I have tried to claim a refund from adventure001 under the Supply of Goods and Services Act 1982 as the service was not provided within a reasonable time scale. However, we been told by adventure001 that any refunds must be claimed from the voucher issuer, i.e. virgin experience.



I'm in the process of writing a letter/email to virgin experience asking for a refund under the Supply of Good and Services Act 1982. I'm just wondering whether this Act actually applies because Virgin Experience did deliver the voucher (but not the experience) within a reasonable time frame. On the other hand, what they promised is an "experience". As this "experience" has not happened within a reasonable time, do you think I have the right to ask for a refund?


Furthermore, Virgin Experience stated on their website that vouchers, once redeemed cannot be exchanged or refunded. Does this clause create an advantage for the supplier and a detriment to me and hence can be constituted as "unfair" under the unfair terms in consumer contracts regulations 1999? (FYI - adventure001 also has a no refund policy).


Independently as I made this booking online with my visa debit card, I'm trying to claim back from Visa (or should it be the issuing bank?) as the service was not provided.



Do you think we have a case here? What's the best course of action going forward? I think the issue lies in the fact that the voucher provider (virgin experience) is not the same as the service provider (adventure001) - or can I presume virgin experience is also the service provider?



I would appreciate any advice on this matter.

WTFH

Helicopter flights are frequently changed/postponed/cancelled due to a variety of factors such as air traffic control, cloud, wind, etc. Unfortunately they won't know 3 weeks in advance what the wind speed is going to be - and I suspect information like that should be in some of the documentation made at the time of booking.

http://www.adventure001.com/aeroplanetandcs.asp?SO=0

unholyangel

While weather is a reason outwith their control that they may need to cancel the services for.....this usually relates to their liability and should never mean that the consumer cannot cancel.

Any term saying otherwise would likely be unfair as it causes a significant imbalance in contractual obligations and also to the consumers rights.

Put your request for a refund in writing and give them 14 days to respond.

alexthepenguin

unholyangel wrote: »

While weather is a reason outwith their control that they may need to cancel the services for.....this usually relates to their liability and should never mean that the consumer cannot cancel.

Any term saying otherwise would likely be unfair as it causes a significant imbalance in contractual obligations and also to the consumers rights.

Put your request for a refund in writing and give them 14 days to respond.

Thanks for both of your reply.

unholyangel - should I ask for a refund from virgin experience or adventure001?

Hintza

I think your contract is with Virgin Experience.

earthstorm

alexthepenguin wrote: »

unholyangel - should I ask for a refund from virgin experience or adventure001?

Your contract is with whoever you purchased them from, which in this case is virgin experience