Zip World refund

Catthom

Hello
I'm hoping someone out there can confirm something for me please. 
At the end of March, my family and I had numerous activities booked and paid for at Zip World in Wales. We were congregating in Wales for a special occasion so everyone was travelling there, some from overseas.
Obviously, due to the pandemic, we couldn't travel to Wales or go to Zip World and at the time, Zip World issued a communication saying no refunds would be given in line with their T's and Cs; instead rescheduling or vouchers would be offered. So I waited to see if we could rebook without having any real understanding of how bad things were going to be.
Fast forward to now and the whole family has accepted that our get together will not be happening for the forseeable future so rescheduling is useless and vouchers would be too as the people they belong to can't get to Wales!
So I believe under these circumstances, the term 'frustrated contract' comes into play which means all bets are off regarding contracts/T's and Cs and the consumer is protected and eligible for a full refund. Zip world say no and quote their T's and Cs repeatedly to me.
Am I due a refund from them? We are talking about almost £1000 so not a paltry sum. Would section 75 apply and be a better route as I did pay for the tickets on my credit card.
Any help welcome. 
Thanks! 

unholyangel

Did you buy say 12 to jets at £80 each or one group booking at £1000?

Catthom

No, various different activities costing different amounts which altogether add up to just under £1000. 

DoaM

S75 applies when the value of an item is >£100, so it matters a lot how the £1000 was arrived at. (Hence the question above). On the face of it you don't have an S75 avenue available.

Another question though ... how was this all booked and paid for? (I'm imagining it was via their website). Whilst there is no cancellation right for online purchases intended for a specific period of performance, the fact that they were unable to perform the contract during the specified period may mean that they were in breach of contract?

Of course you always have a County Court (MCOL) avenue available ... perhaps sending ZIP World a Letter Before Action (with a completed draft of a claim form attached?) might persuade them to be more reasonable.

Catthom

Thank you for your replies and advice. 
I paid for three separate activity bookings via their website. The smallest amount for one booking was £108. This accounted for several people doing one particular activity but I only paid the cumulative sum. Then two other activities were paid for the same way. So my credit card shows 3 separate transactions all of which are over £100. Does this sound better in terms of S75? 

DoaM

It's not the total amount that matters but how that amount is contrived.

Let's take the £108 amount, and assume it was an activity at £9 per head for 12 people ... was it invoiced as Activity A  - £9 x 12 = £108, or was it invoiced as Activity A for 12 people = £108?

It's a subtle but very important difference - the latter would be covered by S75 but the former wouldn't.

Catthom

The confirmation invoices say... 
"6x Treehoppers £108"

"2 X Velocity2 Group Of 4 £520.00" "4 X Fforest Coaster Shared Sledge 1x3-8yrs And 1x9yrs And Over £360" Going by your examples, S75 could be possible?

DoaM

The 2nd item definitely (£520 / 2 = £260 each unit price) ... the other two possibly, but it's still feasible to derive unit prices (£18 and £60 respectively). You can try a claim ... the worst that can happen is that the CC provider says No. Your backup plan is an LBA/MCOL. I think their breach of contract (per my earlier post) may be the angle from which to approach this ... remember that S75 only gives you a claim against the CC if you have a claim against the seller - it's not a magic bullet.

liggerz87

Id get in touch with daily post and say what happened they may then get onto zip world ye they are expensive I live close to it 

liggerz87

As others have said check the t and c from when you ordered also if that no help 1 star review and complain to them

Catthom

DoaM said:

The 2nd item definitely (£520 / 2 = £260 each unit price) ... the other two possibly, but it's still feasible to derive unit prices (£18 and £60 respectively). You can try a claim ... the worst that can happen is that the CC provider says No. Your backup plan is an LBA/MCOL. I think their breach of contract (per my earlier post) may be the angle from which to approach this ... remember that S75 only gives you a claim against the CC if you have a claim against the seller - it's not a magic bullet.

This is their contract which they say means they do not need to refund;

Section 26 of our T&C.

26. Events outside of Our control

a. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Condition 26(b).
b. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
c. If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
(i) we will contact you as soon as reasonably possible to notify you; and
(ii) our obligations under an Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Does a 'frustrated contract' apply?