Refund Sought - Skydiving Voucher

Juddermann

born_again wrote: »

Given that was a month ago.
Have they responded?

Ack - typo. 7th January.

davidmcn

Juddermann wrote: »

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?

Not really, I think it's reasonable to assume Peterlee Parachute Centre is a trading name of Skydive Academy Ltd.

Juddermann

davidmcn wrote: »

Not really, I think it's reasonable to assume Peterlee Parachute Centre is a trading name of Skydive Academy Ltd.

I'm a layperson when it comes to company formation, thanks!

Juddermann

Ok - so in summary, it seems like I have justification to cancel.

a) Based on non-provision of cancellation terms, these rights are extended under the Consumer Contract Regulations.
(I have an email from the Director confirming statutory 14 day online cooling off applied. This isn't detailed anywhere in the information I was provided - which states a blanket no refunds policy)

b) Unfair Contract Terms
- No right to cancel, even when I have the right to a cooling off period
- No rights of cancellation under 'any' circumstances - what if the company cannot fulfill the contract?
- Limitation of 'any' liability (although I just believe this means that that term is unenforceable, it doesn't render the entire contract void).

c) [Potentially] - Frustration Of Contract
BMI limits in the FAQs not forming key part of the sales process but placing restriction on attendance.

Generally feeling confident that I have sufficient grounds to win a claim should it be necessary. Let's see how the section 75 pans out first.

unholyangel

K80_Black wrote: »

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.

There was far more wrong with the terms than just that. However, as I explained, the fact they try to disclaim liability for any car or person entering the airfield just shows they haven't had any legal advice at all before posting that waiver.

Its very different to the circumstances you describe. In each of those examples, its something that isn't going to apply to every single person booking, unlike these restrictions which do apply to every booking.

Juddermann wrote: »

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

The contract doesn't specify a specific date/period of performance, so you would indeed have the right to cancel under the CCRs.

Validity of the voucher is not a period of performance.

unholyangel

the_lunatic_is_in_my_head wrote: »

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

Ack, now I feel embarrassed . Give me criticism and watch me either agree or deny it vehemently, but give me a compliment and I cringe :rotfl: The vote of confidence in my knowledge is appreciated though, despite my awkwardness.

Although I feel I should point out any question is easy, if you already know the answer! Some questions I'm better with than others, same as everyone else

Juddermann

Edit. Irrelevant.