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Refund Sought - Skydiving Voucher

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  • Juddermann
    Juddermann Posts: 51 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 9 January 2020 at 11:41AM
    K80_Black wrote: »
    If you just want to argue and don't want any help, you should have said.

    How's your (incredibly short) wife feel about your gift?

    Sorry - making a case on the distance selling element. Just because 1a says the voucher is non-refundable, doesn't excuse them from obligations under the CCR.

    https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

    Gift vouchers class as a service, or so I have been led to believe.
  • K80_Black
    K80_Black Posts: 466 Forumite
    100 Posts
    I'm sure you've already read this but just to reference:

    https://www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

    Limits of application: circumstances excluding cancellation

    the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.


    Given the voucher has an open date the specific date doesn't apply to my mind, it would be interesting to understand what "period of performance." means.

    If period of performance doesn't apply then you have the right to cancel.

    I would have sworn on my life this originally quoted a different part of the same legislation about goods which was totally irrelevant, hence my comments. Either you edited within one minute or I am hallucinating.
  • DoaM wrote: »
    Well there's your "get out of jail free" card ... they've sold you an expired voucher. :)

    They've just sent me a corrected voucher with the appropriate date on it. 45 days after purchase.
    Not sure I can rely on this typo though as it's an obvious error.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    So they can unilaterally take advantage (i.e. correct) an obvious error but you can't?
  • Juddermann
    Juddermann Posts: 51 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 9 January 2020 at 2:23PM
    Interestingly, the company have now moved the terms and conditions link within the voucher conditions, so have at least made more prominent at the point of purchase!

    Nice to see they've made positive efforts to bring the T&Cs to a purchaser's attention.
  • ThumbRemote
    ThumbRemote Posts: 4,729 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    K80_Black wrote: »
    5a of the terms says you need to pass a physical assessment to jump. The FAQS under health and fitness requirements talks of BMI and includes a chart.

    5a gives some details of a physical assessment, but has no mention of BMI in it. That It is clearly an unfair term as the customer has no knowledge of the details in advance.

    The FAQs do not form part of the terms and conditions.
  • Juddermann
    Juddermann Posts: 51 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 9 January 2020 at 3:53PM
    If I'm not mistaken, the T&Cs list the company as Peterlee Parachute Centre and not Skydive Academy Ltd;
    https://app.gcskydiving.com/content/plee/content/file/terms_and_conditions.pdf

    I can't find any company details for Peterlee Parachute Centre.

    Does this even matter in terms of contract formation?
  • OP I would just send them a letter before action stating that you are cancelling your contract and requesting a refund within 14 days of receipt of the letter.

    1st Class post is fine for this but get a certificate of posting.

    If the voucher is physical return it with the letter (but if returning the voucher I'd pay the extra and send Signed For).

    Unholyangel is the most knowledgeable poster here and her post advises you should have the right to cancel.
    In the game of chess you can never let your adversary see your pieces
  • Juddermann
    Juddermann Posts: 51 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 9 January 2020 at 4:55PM
    OP I would just send them a letter before action stating that you are cancelling your contract and requesting a refund within 14 days of receipt of the letter.

    1st Class post is fine for this but get a certificate of posting.

    If the voucher is physical return it with the letter (but if returning the voucher I'd pay the extra and send Signed For).

    Unholyangel is the most knowledgeable poster here and her post advises you should have the right to cancel.

    Thanks. I've already sent the letter via registered post on 7th January, so let's wait and see.
  • born_again
    born_again Posts: 20,437 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Juddermann wrote: »
    Thanks. I've already sent the letter via registered post on 7th December, so let's wait and see.

    Given that was a month ago.
    Have they responded?
    Life in the slow lane
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