GVI Volunteer Programme Abroad - Cancellation due to COVID-19

calijakes1

I was due to be volunteering abroad with GVI (Global Vision International) in Costa Rica from 27th June 2020 for 3 weeks. Due to the current FCO guidance and the fact that Costa Rican borders are closed to non-residents, the programmes is unable to go ahead. The organisation, attached to private limited company, Experiential Education Ltd., are refusing to issue refunds and will only allow a change of dates. The organisation states that they are not cancelling the programmes, but postponing them, and therefore do not need to issue a refund. Secondly, they state that the Package Travel and Linked Travel Arrangements 2018 regulation does not apply to them as they are educational in nature. I paid £1375 for the 3-week volunteer programme which is a tremendous amount of money, and even more-so in the current climate where I am a fresh graduate seeking employment in a terrible labour market. The £1375 included my accommodation and food for 3 weeks. Could anyone advise on whether I am legally entitled to a refund and how I could go about claiming one since the organisation refuse outright, saying that their terms and conditions state that only a transfer of dates will be offered?

Life__Goes__On

What method pf payment did you use?

calijakes1

Life__Goes__On said:

What method pf payment did you use?

Unfortunately debit card/ direct debit. Not credit card

DisappointedbyGVI

We are having the same problem with GVI (Global Vision International).  We believe that they are wrong to say that the  Package Travel and Linked Travel Arrangements 2018 regulation does not apply.  Their argument to us was that the accommodation element of the package was "residential".  This is spurious.  "Residential" implies a degree of permanence, which simply does not apply to trips lasting only a few weeks.  There is no exemption in the Regulations for educational trips.  Indeed, the Commission advised member states that the 2015 Directive did apply to educational trips, such as summer camps.  In any event, the terms they rely on are unfair and therefore unenforceable.  You may have to take them to arbitration.  It may also be worth approaching their local Trading Standards office.  It would be interesting to know how many other people are affected - perhaps we could take action together?

sheramber

 Terms and Conditions

 GVI reserves the right to cancel or curtail a Program if, in its sole discretion, it believes that circumstances warrant it. This includes cancellation because of Force Majeure (as described below). 

In all of the above cases where there is a cancellation, GVI’s first recourse will be to place you on an alternative Program. GVI will use reasonable efforts to match any alternative Program in accordance with your preferences. In the event that GVI is unable to provide you with a suitable alternative, you will be entitled to a refund of your program fee that has been paid. What is defined as a “suitable alternative” will be at the sole discretion of GVI. 

DisappointedbyGVI

Consumer Rights Act 2015

SCHEDULE 2Consumer contract terms which may be regarded as unfair

16. A term which has the object or effect of giving the trader the right to determine whether the goods, digital content or services supplied are in conformity with the contract, or giving the trader the exclusive right to interpret any term of the contract.

sheramber

Contact the CMA. https://www.gov.uk/government/organisations/competition-and-markets-authority

DisappointedbyGVI

Good suggestion!  I have done so.

calijakes1

DisappointedbyGVI said:

We are having the same problem with GVI (Global Vision International).  We believe that they are wrong to say that the  Package Travel and Linked Travel Arrangements 2018 regulation does not apply.  Their argument to us was that the accommodation element of the package was "residential".  This is spurious.  "Residential" implies a degree of permanence, which simply does not apply to trips lasting only a few weeks.  There is no exemption in the Regulations for educational trips.  Indeed, the Commission advised member states that the 2015 Directive did apply to educational trips, such as summer camps.  In any event, the terms they rely on are unfair and therefore unenforceable.  You may have to take them to arbitration.  It may also be worth approaching their local Trading Standards office.  It would be interesting to know how many other people are affected - perhaps we could take action together?

Just to let you know, although I am still battling with GVI, I know that at least one person has now been offered a full refund under this legislation. I am in a Facebook group with 7 others affected. If you search "GVI Volunteer Abroad 2020 COVID refunds", you should be able to request to join the group. Hope this helps.

Also, to the person who quoted the force majeure term, thank you for highlighting that but I've found out that it was added to the terms on 5th May 2020 and that the clause was not present in the terms when I booked (January 2020). I have not accepted any updates in terms and conditions so this clause should not apply to me.

Douglas14

I have paid £1850 for my daughter to do a program with GVI on  27 June 2020 and the story is the same as calijakes1. The responses from GVi are also basically the same ( very arrogant and patronising at times ) and point blank refuse to make repayment. Fortunately I have travel insurance to cover this but they expect me to explore all possible means to recover the money before making a payout.   I likewise paid by Visa Debit and am trying a bank Chargeback on 29th but this may be disputed by GVi's bank  as the initial contract began more then 120 days ago ?  Citizens Advice Bureau say Trading Standards , CMA etc all good ideas but legal situation on this not that clear and we probably have an ongoing battle on our hands !

Douglas14

I am continuing the battle with GVi who continue to dig their heels in and also refuse a refund claiming Force Majeure !  Very interesting about addition of this on 5th May 2020 but difficult to locate this as their links seem only to show the updated version with this clause.  I booked in Oct 2019 so any idea where I can get the T's&C's from then to prove they have added it since ?