Zip World refund

Catthom

liggerz87 said:

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 

Daily post as in the media? 

davidmcn

Catthom said:

liggerz87 said:

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 

Daily post as in the media? 

Yes - or specifically, the local paper.

Delay doesn't in itself constitute frustration of a contract.

DoaM

What happened to my post? I'd constructed a detailed, useful reply and it's disappeared. 😢

Catthom

DoaM said:

What happened to my post? I'd constructed a detailed, useful reply and it's disappeared. 😢

Oh no. Please try again. I can do with all the help I can get! 

DoaM

I'll try to remember what I said ...

Ref. the T&Cs, just because something is mentioned doesn't make the term fundamentally fair; unfair terms are unenforceable and can be taken as not existing and so void ... that doesn't void the contract though, just the term. Ultimately only a judge can decide this, so your course of action (if a S75 claim fails) is an LBA/MCOL claim.

Ref. frustration of contract - I don't believe this applies as the seller is still able and willing to provide the contracted services, just that the revised schedule is no longer suitable. (Frustration is more akin to parking your car in a place where signs say Authorised parking only. Unauthorised vehicles are subject to a contractual parking charge of £100. This would be frustration of contract through impossibility - one cannot contract to do that which is forbidden. That's why I think your angle needs to be breach of contract rather than frustration ... your argument being that their term is unfair.

Catthom

Thank you very much! 

Jumblebumble

Catthom said:

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! 

The crucial question is
Were ZIPworld willing to deliver the service on the day you booked?
If they were  it is not their problem that you could not attend. 
If they were not then their T and C cannot overule your consumer rights

DoaM

That's the key ... who breached the contract? If it was not possible for ZIP World to provide the services (i.e. they were mandated to close by the Welsh government's pandemic rules) then they were in breach ... if the OP and family took the decision but ZIP World were still available to provide the services then the OP breached.

Catthom

DoaM said:

That's the key ... who breached the contract? If it was not possible for ZIP World to provide the services (i.e. they were mandated to close by the Welsh government's pandemic rules) then they were in breach ... if the OP and family took the decision but ZIP World were still available to provide the services then the OP breached.

Zip World emailed on the 20th March to say they'd taken the decision to close for everyone's safety until further notice and that no refunds would be given. So it was their decision even before they would have been mandated to close by the government and certainly before I had made any attempt to communicate with them or cancel. 

DoaM

That's what I suspected - so you already know my thoughts on how to tackle this.
If S75 will apply (which it does for at least 1 of the items) then you approach the CC company on the basis of the seller's breach of contract. Failing that, LBA then MCOL.