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Refund Sought - Skydiving Voucher
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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.0 -
the_lunatic_is_in_my_head wrote: »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.0 -
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So they can unilaterally take advantage (i.e. correct) an obvious error but you can't?0
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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.0 -
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.0 -
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?0 -
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 pieces0 -
the_lunatic_is_in_my_head wrote: »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.0 -
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 lane0
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