Trying to get a refund from Flip Out - Coronavirus related

PaulB7_2

Hi,

Sorry if this is in the wrong section but seemed the most appropriate.

I'm currently trying and failing to get a refund from Flip Out (kids trampoline place). We had a birthday party booked for the end of March and the total cost came to around £110. Then coronavirus struck so they shut down. Only now have I been able to get hold of someone to try and sort this, and I thought it would be a fairly simple case of getting a refund. 

However, they are saying they won't issue a refund and have quoted a section of their t&cs which I maybe foolishly never read (who reads these things anyway?). It states:-

" If an event outside of Flip Out’s control occurs before the commencement of the Activity which means that Flip Out is not able to provide the Activity which has been booked, then the booking is refundable by means of an offer to transfer to another date and time or a credit note for the value of the booking which can only be redeemed at the same venue the original booking was made."

Fair enough, the pandemic is out of their control. But in our case, we have booked for a large group of kids for a one-off birthday party, it's not just a standard booking for a couple of kids which I wouldn't have an issue accepting a credit note for. It's unlikely our kids will want to do it for their birthday next year and for us to use £110 of credit up will take years due to the infrequency with which we visit. 

I'm wondering if, as a consumer, I have any rights which I can quote to add weight to my argument with them? Or have they got me?

Thanks in advance.

unholyangel

Yes, you have rights. The breach being outwith their control means they wouldn't be liable for other damages (like booking elsewhere for the same dates), not that they can breach the contract with impunity while it remains binding on you.

How did you pay? 

PaulB7_2

unholyangel said:

Yes, you have rights. The breach being outwith their control means they wouldn't be liable for other damages (like booking elsewhere for the same dates), not that they can breach the contract with impunity while it remains binding on you.

How did you pay? 

Thankyou for your response. We paid using two debit cards. (Wife booked some of the party, I booked others).

born_again

You could try non receipt chargeback on the event (both cards).
Just be aware that retailer can reject on the basis of their T/C

PaulB7_2

born_again said:

You could try non receipt chargeback on the event (both cards).
Just be aware that retailer can reject on the basis of their T/C

Thanks for this, I will look into that.
Is anybody able to assist with specific wording that I can use to go back to the people at Flip Out to argue my case? I have had a look at the consumer rights section but can't really see anything regarding this kind of situation.
Any help is much appreciated. I'm guessing I am not the only person who is encountering this problem either as I have had another email from them, addressed to a different person, quoting the same t&cs (albeit with different paragraph numbers strangely).

born_again

Don't bother with retailer. They have made their case. Your the Visa/Mastercard rights and make the retailer work to keep the funds.