Holiday Deposits/True Adventure

daytona0

steampowered wrote: »

An unfortunate situation.

I imagine you should have received a set of terms and conditions when you signed up for the trip. You need to check those to see what they say about refunding the deposit.

If you weren't given any T&Cs, or the T&Cs don't actually say that the deposit would be kept of the trip has to be cancelled due to lack of numbers, then you should get a refund.

Their FAQ is very clear that a cancellation may incur a penalty and gives reasons why....

Whether this is in the Ts and Cs is another matter, but I would assume so if they have put in the effort to include it within the FAQ!

£200 may be a really cheap penalty all things considered (especially if it is 4k per person!!)

agrinnall

I think the key sentence in daytona0's post #6 is

"If we decide to drop out of the expedition can we get our money back?".

That's referring to the customer dropping out, but that's not what's happened in the OP's case - another customer has dropped out (so the term applies to them) but the company has then unilaterally decided the trip is unviable and has cancelled for everyone else. That was their decision and they should bear all the costs incurred as a result. The OP's son is still willing to go on the trip and should not be financially penalised because the company refuse to run it.

daytona0

agrinnall wrote: »

I think the key sentence in daytona0's post #6 is

"If we decide to drop out of the expedition can we get our money back?".

That's referring to the customer dropping out, but that's not what's happened in the OP's case - another customer has dropped out (so the term applies to them) but the company has then unilaterally decided the trip is unviable and has cancelled for everyone else. That was their decision and they should bear all the costs incurred as a result. The OP's son is still willing to go on the trip and should not be financially penalised because the company refuse to run it.

Its all very strange! Cancelling a trip 4 months prior because a girl "hurt her knee" (to the point where she could do practically anything else).

You would fully expect the company to try and KEEP the booking by offering alternatives, such as substituting in another member or offering the remaining party the chance to pay extra. That makes sense if their goal is to make money!!

Lots of questions knocking around, however the only real advice I can give is for OP to get the school to deal with it (if they are the responsible party). You could probably take them to small claims court as a last resort and take on their Ts and Cs.

DoaM

As I indicated in post #3 (and I still don't think it has been properly answered) ... WHO has the contract with the company?

Is it each named pupil? (Individual contract with the company)
Is it each named pupil's parent? (Individual contract with the company)
Is it the school? (Group contract with the company, effectively a single contract for multiple persons)

OP - the answer to this is important. Your rights will depend on this.

steampowered

The Op can confirm, but a trip like this would normally involve dealing the company directly. I suspect the contract is very likely to be with the holiday company rather than the school.

Loredana1

HI

Yes, the contract is between us (the parents) and the holiday company. The school facilitates the expedition - this is quite common in education.
It is £4000 per pupil (a teacher and an expedition leader also go which is included in the overall cost).
The young lady has been diagnosed with ITB syndrome (Iliotibial Band Syndrome (ITBS).

Thanks

DoaM

OK, so it's individual contracts between each pupil's parents and the company. If, say, 6 pupils were going then that would be 6 separate contracts.

Are the company registered in the UK? If yes then UK Consumer legislation will apply.

agrinnall

DoaM wrote: »

Are the company registered in the UK? If yes then UK Consumer legislation will apply.

It appears that they are, office in Midhurst, West Sussex, and registered with ATOL.

https://www.true-adventure.co.uk/

pinkshoes

Can't the girl with the dodgy knee claim the £4000 cost on her travel insurance? (As her medical condition will not permit her to compete the trip)

That way, everyone else can go...

Seems a shame that everyone else loses out.

£4000 is a HUGE amount. Our school does a simillar trip but it is less than half that amount, albeit the two teachers pay themselves.

daytona0

pinkshoes wrote: »

£4000 is a HUGE amount. Our school does a simillar trip but it is less than half that amount, albeit the two teachers pay themselves.

Indeed! You'd kind of expect a profit margin to be built into that 4k!