Mis-sold experience day, won't offer refund?

Xeorix

My girlfriend bought me an experience day for my birthday back in May which had a 6 month validity period on it. It was for a track day in a specific range of cars as there was one car on the list I wanted to drive. She confirmed that this car was available for this voucher by email.

I've come to book it now, and I've been told that the car I want to drive, is not valid on this voucher, despite it being listed on the voucher itself and on the website.

Note: This is not a case that the car isn't available. It is that it is not an option to drive, full stop.

My girlfriend has emailed the company to complain, and they have stated that it is not eligible for a refund due to being outside of the 14 day refund period, however we can swap it for a similar type of experience.

The experiences we can choose from aren't anything we want to do, and I've done the majority of the options anyway.

Where do we stand on getting a refund on something that we were mis-sold? Does the Sales of Goods Act mean we can get a refund?

cono1717

I'd assume if the voucher says that you can drive the car and there are no restrictions that you are breaching i.e certain cars cannot be driven on certain days but they are saying you can't they are in blatant breach of contract and you are well within your rights to demand a refund. I'd maybe go back to them with a Letter Before Action (templates at the top of this forum) advising them as such.

bris

If it's listed on the voucher, the website and confirmed by email that this car is available to drive with this voucher then they don't exactly have a strong case to refuse either the car to drive or a refund.


You should however make doubly sure of your facts, some cars are upgrades, still listed but only for premium vouchers, may not be the case here but check the small print.

Xeorix

Thanks all.

It clearly states that it is available for the experience voucher on their website, the voucher itself and the email received from their sales team.

I've double checked the terms, and it does state that certain cars are only available at certain times or tracks, however this is not the case in my situation.
The car is available, however it isn't a car I can drive on my voucher

cono1717

If a company outright refuses what they advertise they are selling and I were in your shoes I think I'd want a refund and take my money elsewhere.

SuperHan

Could you provide a link and the details of the car you want to drive? That way we can make sure there is nothing your missing

Although, if it's on the voucher and you have an e-mail, I highly doubt we will be able to find anything!

Xeorix

Interestingly, they've now removed it from their website. They still wont give us a refund. Fortunately, Google cached the page:
http://webcache.googleusercontent.com/search?q=cache:i4h4mjUD6P4J:https://virg.in/Zoom+&cd=1&hl=en&ct=clnk&gl=uk

Fortunately, when I activated the voucher, I got an email with the same content as the website, and the paper voucher I have:

The car we wanted was the Aerial Atom, and I was told on the phone when booking that they only do this car on the 6 mile Supercar Thrill, not on the Blast. Virgin won't refund us, and they won't give us another voucher unless its the same or less value

Supercar Blast plus High Speed Passenger Ride at Top UK Race Tracks (PRSSCB)

Take your pick from six stunning supercars and enjoy the unforgettable thrill of driving your dream machine on a real race track. You’ll be following in the wheel-marks of top professionals as you put the pedal to the metal for up to 3 miles of adrenaline-charged track action. Choose your ride from an impressive line-up that includes the classic twin-turbo Porsche, a gorgeous Aston Martin, the Audi R8, Abarth 500 and Ariel Atom, and last but not least, the feisty Ferrari.

As soon as your safety briefing is over you’ll be invited to jump in the hot seat and put your supercar choice through its paces. Listen to the noise of that engine and feel the hairs on the back of your neck stand up as you manoeuvre round corners and power down the straights. Then get your breath back for part two of this supercar treat, as your experienced instructor takes you on a high speed passenger ride in a sports saloon car. Hold on tight as you whizz round the track and see how a professional handles those challenging chicanes. Afterwards you’ll receive a certificate to commemorate your drive – the perfect memento of a brilliant day.

What's Included?
A Supercar Blast for up to 3 miles on a leading UK race track
Choose from:
Ferrari
Porsche
Aston Martin
Audi R8
Ariel Atom
Abarth 500
High speed passenger ride
Presentation of experience certificate
Experience gift pack including personalised voucher and message card
Cancellation indemnity
What happens on the day?
You’ll be welcomed to the track and firstly take part in a safety briefing.

Then it’s your turn; you’ll settle into your chosen supercar for up to 3 miles driving on the track. Your instructor will take the wheel of a sports saloon next, and whizz you round the track on a thrilling high speed passenger ride.

You’ll take home a certificate to commemorate your adrenaline-fuelled day.

Participant guidelines
Minimum age: 18
Minimum height: 4ft 10in
Maximum height: 6ft 4in
Maximum weight: 20 Stone
Full driving license held for a minimum of 12 months and present the original at the event
All drivers must have a good understanding of the English language for instruction purposes
All drivers need to be in reasonable health
Please note: anyone deemed to be under the influence of alcohol or drugs will not be permitted to participate
Availability
This experience is available on selected dates throughout the year at either 08.20, 14:50 or a time close to these.

We recommend you book at least eight weeks in advance to ensure that dates are available.. This is only a guideline and we advise you to book as early as possible to ensure that dates are available before the expiry date listed on your voucher. All bookings are subject to availability.
How long should I allow for this experience?
Please allow 1 hour 45 minutes for the full experience.

What should I wear?
You should wear flat soled shoes or boots and comfortable casual clothing suitable for the time of year and weather conditions.

What about the weather?
Events run in all weather and only cancelled should conditions become dangerous, i.e. snow/ice. Please note: the decision will be made by the experience organisers. You are advised to call before you set out.

Can I bring spectators?
Spectators are welcome. All children must be accompanied by a non-participating adult.

No pets are allowed on site (except for guide dogs).

Race tracks can be noisy and so may not be suitable for small children.

Disabled access is available - please call the venue for more information when making a booking.

Additional information
Your voucher is valid for six months from the date of issue, kindly note that you must have booked and taken your experience before the expiry date as vouchers may not be extended beyond their expiration date.

The operator reserves the right to substitute any vehicle due to unforeseen circumstances such as mechanical failure.

The experience content, equipment used and restrictions may vary according to location.
What about insurance?
The centres contracted with us hold public indemnity liability insurance. We also hold contingency liability cover.

Some driving operators require customers to complete an Indemnity/Damage waiver form on the day of the experience. This may state that the driver will be liable for a fixed amount of costs should they damage the vehicle whilst driving. Most of these suppliers are able to provide Indemnity/Damage Waiver at a small additional fee (usually £20-£45) payable on site. The purchase of this is optional and is in addition to the Public Liability Insurance held by all venues. The full details of any indemnity or damage waiver will be provided by the activity operator. We are unable to advise or comment on the content or suitability of these products.

A cancellation indemnity, subject to terms, is included with every voucher.

ThumbRemote

Agree with the above - the voucher was mis-sold and your girlfriend is due a full refund.

Maybe a post to their facebook page would help before the Letter before Action
https://www.facebook.com/virginexperiencedays

bris

Although I still think it's a bit misleading they do have this to fall back on


Additional information

Your voucher is valid for six months from the date of issue, kindly note that you must have booked and taken your experience before the expiry date as vouchers may not be extended beyond their expiration date.
The operator reserves the right to substitute any vehicle due to unforeseen circumstances such as mechanical failure.
The experience content, equipment used and restrictions may vary according to location.


Possibly a bit weak but it is a bit of a get out for them. Rightly or wronlgy you may need a court to decide. Is the Atom available at your chosen location?

Xeorix

bris wrote: »

Although I still think it's a bit misleading they do have this to fall back on


Additional information

Your voucher is valid for six months from the date of issue, kindly note that you must have booked and taken your experience before the expiry date as vouchers may not be extended beyond their expiration date.
The operator reserves the right to substitute any vehicle due to unforeseen circumstances such as mechanical failure.
The experience content, equipment used and restrictions may vary according to location.


Possibly a bit weak but it is a bit of a get out for them. Rightly or wronlgy you may need a court to decide. Is the Atom available at your chosen location?

It's not that the Atom isn't available at the chosen location. It's not available at any location, as it's not a car you can drive on this voucher

unholyangel

Have virgin given a reason why they won't refund?

Have you sent them a letter before action?