Day 2 test refund refused

orcocan

GingerTim said:

orcocan said:

does anybody have access to thetimes.co.uk? they answered the same exact question but its behind a paywall

https://www.thetimes.co.uk/article/my-travel-pcr-tests-didnt-arrive-on-time-can-i-get-a-refund-dsxkr2b9s

Here's the unpaywalled version - there's only another paragraph

"✉ To return from Croatia last week I booked two PCR tests with a company called 247traveltests, which was listed on the government website. However, the tests did not arrive on time and it is refusing a refund, saying that it is under strict instructions from the government not to do so and we were provided with the booking reference we needed to board our plane home. Can you help me get my money back? I know the government list doesn’t recommend any particular provider, but surely inclusion on the list implies respectability, and companies should be vetted.
Alan Cameron, via email

Online review sites are awash with complaints such as yours about Covid-testing companies’ shortcomings, and Sajid Javid, the health secretary, has asked the Competition and Markets Authority to investigate this exploitative free-for-all. Unfortunately, you won’t get your money back because 247traveltests — which didn’t respond to a request for comment — makes it clear that the cost of tests is non-refundable.

The government website warns that it does not endorse or recommend any specific test provider and that “you should do your own research about them and their terms and conditions”.

thanks for that

Thrugelmir

orcocan said:

its very explicity that they didn't meet the minimum standards set by the government


https://www.gov.uk/government/publications/minimum-standards-for-private-sector-providers-of-covid-19-testing/day-2-and-day-8-pcr-testing-for-international-arrivals-minimum-standards-for-providers

14. Test kit delivery and administration

Day 2 test kits must be delivered (or administered, where the provider is supplying a swabbing service) on or before day 2 of the traveller’s quarantine period. 

The onus will still be on the purchaser to chose a suitable service to receive the test. 

orcocan

Thrugelmir said:

orcocan said:

its very explicity that they didn't meet the minimum standards set by the government


https://www.gov.uk/government/publications/minimum-standards-for-private-sector-providers-of-covid-19-testing/day-2-and-day-8-pcr-testing-for-international-arrivals-minimum-standards-for-providers

14. Test kit delivery and administration

Day 2 test kits must be delivered (or administered, where the provider is supplying a swabbing service) on or before day 2 of the traveller’s quarantine period. 

The onus will still be on the purchaser to chose a suitable service to receive the test. 

what are you basing that on?

michael1234

orcocan said:

do you have any knowledge of consumer law or is it just something you're saying? that makes a difference

not every t&c are valid and enforceable, so i'm not sure on what ground you're making these assertions, it'd be good to know

it was 40 quid not 18, i havent seen any pcr tests for 18 quid anywhere

Sadly very few do. Most have very little knowledge but like to offer "advice" anyway. 

silvercar

I’m assuming you used the code on your plf, so you were able to enter the UK. So you received some value from the price you paid.
if a test arrived late the correct procedure is to phone 119 and follow their instruction. It would either be to wait a couple more days in isolation and they may send you a test or to take an NHS PCR. I don’t know which you did, but presumably one or the other or you would have had to isolate for 10 days. You can also report the test provider to 119, so they can be reviewed.
the government is quite clear that you should do your own research when choosing a provider. At that time Randox were £43 and had generally good reviews among the cheaper providers.

jimi_man

To be honest, you're no better or worse off than if it had arrived. You used the code and got back into the country. Whether you did the test or not doesn't really matter as no-one actually cares.

However, legally their T & C's state that they don't do refunds and they also state that delays to delivery are not down to them.

As to whether they are legally binding.

Firstly I would imagine that there was a check box to say that you're read/agreed with the T & Cs otherwise you wouldn't have been able to purchase it. This can be a factor in whether the T & Cs are enforceable, so if you didn't have to do this then you may have a case. Their ecommerce site is hosted through Shopify who I'm pretty sure have this check box included.

Also the T & Cs should be written in an easily readable way, on a whole page and in easy to understand language. (They are, I looked). They should also be easy to find (again they are -  a clear hyperlink from the bottom of the page).

Based on the above I'd say there isn't much you can do about it. 

orcocan

jimi_man said:

To be honest, you're no better or worse off than if it had arrived. You used the code and got back into the country. Whether you did the test or not doesn't really matter as no-one actually cares.

However, legally their T & C's state that they don't do refunds and they also state that delays to delivery are not down to them.

As to whether they are legally binding.

Firstly I would imagine that there was a check box to say that you're read/agreed with the T & Cs otherwise you wouldn't have been able to purchase it. This can be a factor in whether the T & Cs are enforceable, so if you didn't have to do this then you may have a case. Their ecommerce site is hosted through Shopify who I'm pretty sure have this check box included.

Also the T & Cs should be written in an easily readable way, on a whole page and in easy to understand language. (They are, I looked). They should also be easy to find (again they are -  a clear hyperlink from the bottom of the page).

Based on the above I'd say there isn't much you can do about it. 

i really don't understand how you're making all these assertions about their T&Cs when I havent even said who the test provider is?

not taking a test on day 2 is a criminal offense, so your point that 'no one cares' is frankly mind boggling

T&Cs are irrelevant when they deny statutory consumer rights. i'm not a legal expert but all these random comments based on nothing are not particularly helpful imho

emmajones1976

Filed your small claims court papers yet?

orcocan

emmajones1976 said:

Filed your small claims court papers yet?

waiting on the amex dispute that i have reopened

lovely attitude huh

jimi_man

orcocan said:

jimi_man said:

To be honest, you're no better or worse off than if it had arrived. You used the code and got back into the country. Whether you did the test or not doesn't really matter as no-one actually cares.

However, legally their T & C's state that they don't do refunds and they also state that delays to delivery are not down to them.

As to whether they are legally binding.

Firstly I would imagine that there was a check box to say that you're read/agreed with the T & Cs otherwise you wouldn't have been able to purchase it. This can be a factor in whether the T & Cs are enforceable, so if you didn't have to do this then you may have a case. Their ecommerce site is hosted through Shopify who I'm pretty sure have this check box included.

Also the T & Cs should be written in an easily readable way, on a whole page and in easy to understand language. (They are, I looked). They should also be easy to find (again they are -  a clear hyperlink from the bottom of the page).

Based on the above I'd say there isn't much you can do about it. 

i really don't understand how you're making all these assertions about their T&Cs when I havent even said who the test provider is?

not taking a test on day 2 is a criminal offense, so your point that 'no one cares' is frankly mind boggling

T&Cs are irrelevant when they deny statutory consumer rights. i'm not a legal expert but all these random comments based on nothing are not particularly helpful imho

My apologies, I somehow thought that when you said that Times report was the same as yours, that you had also booked through 247traveltests. You also used the phrase 'Clearly time "is of the essence to the service"' and in 2.7 of their T & Cs it has similar wording and says 'Time is not of the essence in this contract' hence why I thought it was the same company. That's my mistake.

Yes I'm not disputing that it's a criminal offence but if you think that anyone cares about it...... 

T & Cs are not irrelevant at all. I have given you the basis of consumer law as it stands in relation to ecommerce and they are not 'random comments' and they are not based on 'nothing'. They are based on the law as it stands at present.

What consumer law has been broken here? They haven't specified a delivery date, therefore they have 30 days to deliver the product. From your OP it came within that time. It was not faulty, and was as described, satisfactory quality and fit for the purpose (as far as we know from what you have said). It's a medical product therefore it's exempt from cancellation and as stated a number of times - their T & Cs state 'no refunds', which they are quite entitled to do (unless it breaches standard consumer law and you haven't identified any consumer law breach other than the delivery was late. That isn't a breach of consumer law when they haven't given one in the first place as just mentioned). 

I have been trying to help you by giving you the guide to consumer law as it stands and I have a reasonable knowledge of it though I'm not an absolute expert. If you don't believe or don't want to hear it then that's entirely your prerogative and I would urge you to try some of the other avenues offered - Citizen's advice, Solicitor, Small Claims Court. If all of this is not particularly 'helpful' then I'm sorry - I did what I could.