Zip World refund

Catthom

DoaM said:

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.

Thank you so much. I will let you know how this goes if you are interested?

DoaM

It's always good when people return to update their threads ... all too often people sponge off the forum and then disappear into the ether.

liggerz87

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? 

Ye its the news paper up here 

bris

Catthom said:

 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.

The important point here is if you waited to see what was happening you accepted the situation and this updated the contract.

You needed to reject the T&C's as unfair and insist on a refund.

Just like a credit note in stor, if the offer a credit note when asking for a refund and you accept then the deal is done and you can no longer insist on a refund.

Catthom

bris said:

The important point here is if you waited to see what was happening you accepted the situation and this updated the contract.

You needed to reject the T&C's as unfair and insist on a refund.

Just like a credit note in stor, if the offer a credit note when asking for a refund and you accept then the deal is done and you can no longer insist on a refund.

Thanks. That's another point of view although I'm not sure under the circumstances that my refusal to reschedule or take vouchers would have been any more accepted or even acknowledged in March than it is now. Doing that would also have assumed I (or anyone else) knew what was going to happen.
In the interest of consumers being given a fair deal, I can't see that this would stand up. In fact, I was being reasonable and trying to work within their offer of reschedule and have only now approached for a refund when I am sure it is not a suitable alternative.
Thanks for the heads up though as I hadn't thought of that. 

Jumblebumble

Catthom said:

bris said:

The important point here is if you waited to see what was happening you accepted the situation and this updated the contract.

You needed to reject the T&C's as unfair and insist on a refund.

Just like a credit note in stor, if the offer a credit note when asking for a refund and you accept then the deal is done and you can no longer insist on a refund.

Thanks. That's another point of view although I'm not sure under the circumstances that my refusal to reschedule or take vouchers would have been any more accepted or even acknowledged in March than it is now. Doing that would also have assumed I (or anyone else) knew what was going to happen.
In the interest of consumers being given a fair deal, I can't see that this would stand up. In fact, I was being reasonable and trying to work within their offer of reschedule and have only now approached for a refund when I am sure it is not a suitable alternative.
Thanks for the heads up though as I hadn't thought of that. 

It is absurd to suggest that you doing nothing until you have considered your options is in any way comparable to the store asking how they can settle the matter and you accepting their remedy
The bottom line is you agreed to pay £1000  and they agreed to supply a day of ZIP wiring, they did not deliver their half of the bargain and you are entitled to unwind the agreement. Their T and C are irrelevant as it is an unfair contract and cannot overrule statute
The fact that you ignored their offer is irrelevant
As is usual my advice is to ignore people who are speculating about what  your credit card company or a district judge are going to do because they have no way of knowing , but to go for a section 75 or LBA
(If however you  agreed to the postponement then this is a  completely different kettle of fish)

Catthom

Jumblebumble :

It is absurd to suggest that you doing nothing until you have considered your options is in any way comparable to the store asking how they can settle the matter and you accepting their remedy
The bottom line is you agreed to pay £1000  and they agreed to supply a day of ZIP wiring, they did not deliver their half of the bargain and you are entitled to unwind the agreement. Their T and C are irrelevant as it is an unfair contract and cannot overrule statute
The fact that you ignored their offer is irrelevant
As is usual my advice is to ignore people who are speculating about what  your credit card company or a district judge are going to do because they have no way of knowing , but to go for a section 75 or LBA
(If however you  agreed to the postponement then this is a  completely different kettle of fish)

I most certainly did not agree to anything at any point prior to asking for a refund last month.
Section 75 has been submitted 👍

sging1

I know this was September but I have some info to add to this for others. In November 2020 we had Zip World booked for my sons 30th birthday, two weeks before were due to leave they shut until 2021 because England had gone into lockdown, Wales hadn't. We had a cottage booked and a 4 hour drive and they would not refund us only offered vouchers. I got a charge back from the credit card for £153.50 but the credit card company sided with Zip World as they said its in their T&C's that they will not give refunds, even though I argued they breached a contract we did not cancel we were there to use Zip World. I pointed out just because its in their T&C's it doesn't make it legal, they have mentioned in other posts that they got their T&C's checked by Trading Standards and I guess that was pre COVID. Roll onto March 2021 and this below is the advice I got from my local Trading standards and so I have gone back to the credit card company to give them the chance to reconsider the charge back or I will go to the Ombudsman or file an MCOL;

“We would advise in respect of the chargeback that reference be made to the Competition and Markets Authority Guidance in relation to Covid.  This suggests that generally if an event is cancelled then in the first instance a refund should be the first option offered.  In respect of your original chargeback it is suggested that your bank is made aware of the guidance which would appear to supersede any terms and conditions agreed to when entering into the contract. 

 Kind regards

 Caerphilly Trading Standards”

liggerz87

I did complain to my local mp about it got a letter back saying this