Warwick Castle Annual Pass - refund request decline

MoneySaver4321

Hi,

I bought a Gold Annual Pass from Warwick Castle. I did not make use of the Gold Pass and requested a refund the same day. However, Warwick Castle has DECLINED my request for a refund because the passes are "non-refundable": 

"When the purchase was made, you would have agreed to our terms and conditions. It states in the T&C's that all Warwick Annual Passes are non-refundable. Unfortunately this means we're unable to refund your passes I'm afraid, please accept our apologies."

As they were purchased online, doesn't this contravene the online and distance selling regulations, which to my understanding means I have a statutory right to a receive of any good/service I purchased online within 14 days of receiving the good/service?

I'm sure their solicitors who wrote up their terms and conditions are aware of the regulations, but I thought that a company's t&c's do not override statutory rights?

jon81uk

As the service is available to use immediately there is no automatic right to cancellation.

MoneySaver4321

Hi Jon,

Thanks for your reply. However, I don't believe that's the case.

I've since done some more research and learnt that the Consumer Contract Regulations replaced the Distance Selling Regulations in 2014.

It still states that consumers are entitled to a refund within 14 days of the good/service being received. The only exception, which is what you may be referring to, is if the good is a digital content that you've downloaded e.g. an app - in that case, the consumer waives their right to a refund. 

screech_78

The right to cancel within 14 days is lost if the service is made available to you right away. Which this is. 

the_lunatic_is_in_my_head

screech_78 said:

The right to cancel within 14 days is lost if the service is made available to you right away. Which this is. 

jon81uk said:

As the service is available to use immediately there is no automatic right to cancellation.

This isn't correct  

If the right to cancel exists then the cancellation period still applies however the consumer is required to pay for any aspect of the service they've received between it starting and their notification of cancelling. 

OP there is a limit to the right to cancel (meaning it doesn't apply for a contract defined as):

(h)the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

Part in bold would concern me with regards to the right to cancel

Just to add, a quick look at their terms appear not to mention why the passes are non-refundable which fails to meet the requirement to provide:

(o)where under regulation 28, 36 or 37 there is no right to cancel or the right to cancel may be lost, the information that the consumer will not benefit from a right to cancel, or the circumstances under which the consumer loses the right to cancel;

OP other than the info on their site are any terms given to you by email? 

MoneySaver4321

Thanks @the_lunatic_is_in_my_head. 

Any advice on what I should do if Warwick Castle still refuses to fulfil my refund request after I present them with this information? 

MoneySaver4321

To reiterate, I did not make use of the annual pass at all. 

screech_78

the_lunatic_is_in_my_head said:

screech_78 said:

The right to cancel within 14 days is lost if the service is made available to you right away. Which this is. 

jon81uk said:

As the service is available to use immediately there is no automatic right to cancellation.

This isn't correct  

If the right to cancel exists then the cancellation period still applies however the consumer is required to pay for any aspect of the service they've received between it starting and their notification of cancelling. 

OP there is a limit to the right to cancel (meaning it doesn't apply for a contract defined as):

(h)the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

Part in bold would concern me with regards to the right to cancel

I stand corrected.

However, I still don’t believe the OP has the right to cancel. In my mind, it’s very much in the same vein as a ticket for anything else (although appreciate many are for a specific date).

OP, can you sell the tickets for a little cheaper and at least recoup some of the money? How much are we talking about here? 

the_lunatic_is_in_my_head

MoneySaver4321 said:

Thanks @the_lunatic_is_in_my_head. 

Any advice on what I should do if Warwick Castle still refuses to fulfil my refund request after I present them with this information? 

How many people did you buy passes for OP? 

MoneySaver4321

OP, can you sell the tickets for a little cheaper and at least recoup some of the money? How much are we talking about here? 

I believe it says in their terms and conditions that it's non-transferable, unfortunately.

MoneySaver4321

the_lunatic_is_in_my_head said:

MoneySaver4321 said:

Thanks @the_lunatic_is_in_my_head. 

Any advice on what I should do if Warwick Castle still refuses to fulfil my refund request after I present them with this information? 

How many people did you buy passes for OP? 

I bought 2 Gold annual passes.