Refund Sought - Skydiving Voucher

davidmcn

You don't even need to rely on the legislation, basic contractual law is that one party can't impose surprise conditions after the contract's concluded. Can't see why you wouldn't win.

custardy

So a lot covered.
Did you actually ask them if the BMI issue would exclude the participant?

Juddermann

custardy wrote: »

So a lot covered.
Did you actually ask them if the BMI issue would exclude the participant?

Yes. Sad fact is my wife actually wants to take part, but is unlikely to be able to meet the requirements within the voucher's valid period.

A prior response suggested that if my wife wanted to actually take part she'd make a more serious effort to meet the criteria...... and confirmed that at her current BMI she would not be permitted to take part.

Manxman_in_exile

Having had a cursory look at that website (I've not attempted to purchase anything) the link to form 115A does give a height/weight table and suggests that if an individual's weight exceeds that given for their height, they are more likely to suffer injury.


Given that, if the recipient of the voucher has a BMI so large that the provider will not allow them to jump at all, I think I might have contacted them before purchase just to confirm that a jump could safely go ahead. Skydiving is sort of inherently hazardous and I would have thought obviously more so with a large BMI.


(Sorry - I sound a bit judgmental but it seems like the sort of activity/gift that needs a lot of research beforehand. There certainly doesn't seem to be anything suggesting that people above a certain BMI won't be allowed to jump - but again that seems a bit obvious to me.)


EDIT: An aunt of mine did do a tandem jump at the age of 90+ She's on Youtube somewhere and is much more adventurous than me!

Undervalued

Juddermann wrote: »

Thanks. Somewhat frustrating that they have failed to acknowledge or respond to my points on not providing the BMI prior to sale, or providing details of any cancellation terms. All they've done is repeat that I agreed to the fact the voucher is non-refundable, when in prior emails they've confirmed a cancellation policy exists.

Anyhow, as they're not likely to satisfy my request, if I proceed to file a claim via the Small Claims Court, what do you think my chances are based on the legislation quoted? Am I fighting a losing battle?

Would you if you were in their position? Unless they know 100% on good legal advice that they are in the right why would they risk weakening their case?

Equally they may know that 50 to 75 percent of aggrieved customers who huff and puff won't actually get round to suing. Plenty of companies operate that way. The odd one that does push it they settle "on the steps of the court".

born_again

Who actually knows their BMI?

Juddermann

Manxman_in_exile wrote: »

Having had a cursory look at that website (I've not attempted to purchase anything) the link to form 115A does give a height/weight table and suggests that if an individual's weight exceeds that given for their height, they are more likely to suffer injury.


Given that, if the recipient of the voucher has a BMI so large that the provider will not allow them to jump at all, I think I might have contacted them before purchase just to confirm that a jump could safely go ahead. Skydiving is sort of inherently hazardous and I would have thought obviously more so with a large BMI.


(Sorry - I sound a bit judgmental but it seems like the sort of activity/gift that needs a lot of research beforehand. There certainly doesn't seem to be anything suggesting that people above a certain BMI won't be allowed to jump - but again that seems a bit obvious to me.)


EDIT: An aunt of mine did do a tandem jump at the age of 90+ She's on Youtube somewhere and is much more adventurous than me!

Appreciate your point. Their website indicates an upper weight of 15st 7lbs, which my wife would meet. Form 115A details minimum height/weight.

I took the information in front at face value. In hindsight I should have read all the FAQs, but my view is that this information should really be clear prior to sale.

pinkshoes

Juddermann wrote: »

Yes. Sad fact is my wife actually wants to take part, but is unlikely to be able to meet the requirements within the voucher's valid period.

A prior response suggested that if my wife wanted to actually take part she'd make a more serious effort to meet the criteria...... and confirmed that at her current BMI she would not be permitted to take part.

If you have it in writing from them that due to your wife’s BMI she cannot take part, and you can clearly prove this t&C was only stipulated AFTER the voucher had been bought, then you will win in court.

Push this with your credit card company first, but in the mean time I would send a simple “Letter Before Action” stating:

Dear skydiving company,

On DATE I purchased a voucher for my wife to do a skydive. The T&Cs stated she must be under X stones, which she indeed is. After the purchase, you then sent further terms stating that all jumpers must have a BMI under X, which my wife does not. You have confirmed in writing that my wife cannot take part due to her BMI , so I therefore am giving you 14 days to refund in full.

If I do not receive a refund by DATE (2 weeks from when Letter will arrive) then I will commence legal action to get a refund.

Yours sincerely...

K80_Black

On the vouchers page you linked, it says 'Tandem participants need to satisfy the criteria laid down in BPA Form 115-A' - as it does multiple other times across the site. The chart on the form clearly shows the normal maximum weights for different heights in both metric and imperial and says at the top, in bold 'You should also check with the parachute training organisation (PTO) for any height-weight restrictions they may have.'

That's pretty clear to me, if you took them to court, I don't think you'd stand a chance.

Bermonia

Would have too agree with K80 Black - website makes it pretty clear would need to meet criteria on form 115-A, the form makes it clear there may be issues based upon height/weight ratio.

Also given the nature of the activity, there would be a reasonable expectation that people would have to meet certain medical/health criteria, as such I think any judge would consider a reasonable person to have sought out and ensured that the intended recipient would be able to take part before purchasing.

You could of course ‘threaten’ legal action, but I certainly would fancy your chances as the website is nowhere as bad as you have indicated in your opening post and the information is easily found for those taking even the slightest effort to look.