Refund Sought - Skydiving Voucher

born_again

pinkshoes wrote: »

Push this with your credit card company first, .

Who will simply say No Chargeback right. S75 well it's clear from the info on the site that you should check the chart.
So sorry.

Critera.
Tandem participants need to satisfy the criteria laid down in BPA Form 115-A, solo participants need to satisfy the criteria laid down in BPA Form 115-C - Solo. Participants who suffer from any of the conditions listed on Forms 115-C or 115-A as appropriate, will require a Dr to endorse BPA Form 115B (Tandem) or 115 C (Solo) as appropriate which should then presented at the Airfield on the date eventually booked. Fully completed versions of the appropriate forms need to be presented on checking in on the day of the course.

Need to be 16 years older and above, 16 & 17 year olds need parental/guardian consent on BPA Form 106
Max weight for Solo is 16st 7lbs given the applicant can otherwise satisfy the weight/height ratio on Form 115-C
Max weight for Tandem is 15st 7lbs/98kg but we may accept upto 16st 7 lbs/105kg after a personal assessment.

FAQ. which you would look at as 115 does not mean anything. Weight & fitness requirements. Then As a general guide, please refer to our BMI chart available here.

So 2 clicks on gives you the information.

Juddermann

Ok, perhaps omission of information might be tenuous.

What about their failure to provide details of rights of cancellation, as required under the Consumer Contracts Regulations? Should extend cancellation rights until such time as the policy is provided.

K80_Black

Juddermann wrote: »

Ok, perhaps omission of information might be tenuous.

What about their failure to provide details of rights of cancellation, as required under the Consumer Contracts Regulations? Should extend cancellation rights until such time as the policy is provided.

1a of the terms and conditions?

Also, it's unclear which site you actually booked from, as you've linked both. Co.Uk and. Org. UK (sorry for formatting, tablet and I'm lazy) - however both have the same terms and conditions.

Manxman_in_exile

Juddermann wrote: »

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.

I think you've misread it(?). It shows the maximum weight for a given height, not minimum weight.


Granted it refers elsewhere to a minimum BMI/weight, where they won't allow you to jump in very windy conditions (presumably because you'll be in danger of losing control).


I think if the person you are gifting the voucher to is around the maximum weight for their height (as per the table in 115A) you are meant to ask whether a jump is advisable. (At least that's how I would read the site. Others may disagree).

unholyangel

Undervalued wrote: »

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?

If they were worried about weakening their case, they wouldn't have built it on such shoddy foundations and would have had paid the small outlay required to have their terms (if you can call them that, more a waiver than anything else) professionally drafted. Of course even most pros will make at least 1 small mistake with consumer terms, because they're used to dealing with commercial contracts which is more lenient with disclaimers. But even a bad pro draft would have been much better than whats currently there.

OP has at least 3 points he can base a refund claim on. In no particularly order, 1) frustration of contract, 2) right to cancel under CCRs or 3) unfair terms (which are not binding on the consumer).

They try to disclaim liability for any cars or visitors entering the airfield (before going on to talk about dangers leading to injury). You cannot disclaim liability for death or injury. You cannot disclaim liability for negligence. You cannot disclaim liability for breach of contract. Even if circumstances are outwith your control, if theres a risk of more than a trivial delay then they should be given the right to cancel, without being worse off for having entered the contract. Because while you can (again if outwith your control) escape liability for addtional losses as its not your fault, its not the consumers either.

I'm still stuck on them trying to disclaim liability for "any" cars or visitors tbh. Its the one disclaimer that is pretty much universally prohibited. I don't believe anyone with any amount of legal training (that didn't come from a bloke with a pint in his hand) would make that mistake.

K80_Black

I'm sure if a judge was ruling if their terms were unfair because his car parked in a designated area was damaged by a negligent instructor then the last item on the terms may be held to be unfair, unenforceable and they'd be liable.

They wouldn't be though. They'd be ruling on whether a guy who tried to have his wife chucked out of a plane without checking it was even vaguely safe is entitled to a refund as the company he paid to do so refused because it would be too dangerous (but they're willing to chuck her out of a plane if she loses a bit of weight, or indeed anyone else who meets their criteria and consents to being chucked out of a plane).

This is no different to my mother gifting me a cream tea afternoon voucher when I am lactose intolerant. My father buying me an iTunes voucher when I am deaf. My uncle buying me a driving experience when I have no licence. My Nan buying a Topman voucher when I am Jacamo sized. In all cases, the gifters would not be entitled to a refund just because they failed to do any research into the suitability of said vouchers for their intended recipient.

OP - Jump yourself, regift it, sell it or donate it to charity so someone can fundraise. Do not go to court over this. In future spend more time reading FAQs/terms before and less time reading vaguely related legislation after.

Juddermann

K80_Black wrote: »

1a of the terms and conditions?

Also, it's unclear which site you actually booked from, as you've linked both. Co.Uk and. Org. UK (sorry for formatting, tablet and I'm lazy) - however both have the same terms and conditions.

1a shouldn't preclude them from obligations under distance selling though right?

Generally given the above, I accept I should have done additional researxh, however, having landed on the page from a Twitter link, I, negligently it seems, expected that a retailer's terms should contain all pertinent information at the point of sale.

I'll have to give this some thought.

pinkshoes

born_again wrote: »

Who will simply say No Chargeback right. S75 well it's clear from the info on the site that you should check the chart.
So sorry.



FAQ. which you would look at as 115 does not mean anything. Weight & fitness requirements. Then As a general guide, please refer to our BMI chart available here.

So 2 clicks on gives you the information.

I have clicked through options, and cannot find the bit where it specifies what BMI you need to be between.

Could you provide the link please?

I don’t think their T&Cs are at all clear! If BMI was that important it should have it in the main T&Cs.

Juddermann

Ok - let's set aside the BMI complaint. I've also revisited the voucher and email.

Their email states:
The voucher is.... valid for the full cost of a Tandem Skydive booked on any scheduled date up until Easter Monday 22 Apr 19 or towards the cost of any of our courses at face value for 9 months from 30/11/2019 and extensions thereafter for periods of 4 months can be obtained for a fee of £35.00

The voucher itself does not contain information on face value, nor itself has any expiry dates, stating:
[Gift Voucher only redeemable towards the cost of a Parachuting or Skydiving Course with Skydive Academy Limited
@ Peterlee Parachute Centre
This Voucher is intentionally not made out to any one individual such that if the holder is unable (perhaps through reasons of fitness) or does not wish to use the voucher that it may be transferred to another prior to booking a course, however it is non-refundable under all & any circumstances.
Unless purchased at the full discounted rate this voucher can not be used in conjunction with any other discounts (i.e if used towards the cost of a course the full course fee at the time of presentation less the value of this voucher will apply). It is valid for 9 months from the date of purchase.


If I seek to transfer the benefit of the voucher, how can I assure a recipient of the value? Should I seek additional clarification from the vendor?

I do still believe they have failed to outline cancellation terms under the distance selling part of the CCR, but if the suggestion is that this would not clearly apply here, I'll revisit my options.

DoaM

pinkshoes wrote: »

I have clicked through options, and cannot find the bit where it specifies what BMI you need to be between.

Could you provide the link please?

On the Vouchers page (link in OP), the wording " BPA Form 115-A " is a hyperlink (although not obviously-so). That links to this PDF file, which includes the table of weight vs height.

PS - I'm about 1/2 stone overweight according to that table to be able to do a tandem jump.