Warwick Castle Annual Pass - refund request decline

MoneySaver4321

the_lunatic_is_in_my_head said:

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? 

Just seen this. By stating on their website it's non-refundable, doesn't that fulfil the first part - namely, "the information that the consumer will not benefit from a right to cancel"?

the_lunatic_is_in_my_head

MoneySaver4321 said:

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. 

Thanks OP.

£118 is a relatively small sum to chase legally when you factor in the costs and headache. 

I added some extra info to my previous post, and just to question myself, does "tickets are non refundable" meet stating "there is no right to cancel"?

That could be a 14 page debate on the use of language, which will ultimately be of no help to you  

You could write back and advise that as you concluded the contract at a distance and there was no information regarding the right to cancel the contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 they have failed to abide paragraph (o) of Schedule 2 and as such a refund is due.

It will be a bluff at best and other than pester them I can't suggest much else unfortunately. 

The company could make their life easier, and the position clearer to the consumer, by stating something such as "there is no right to cancel the tickets due them being the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, for which the contract provides for a specific date or period of performance" and then I think they'd be on 100% solid ground. 

MoneySaver4321

Thanks @the_lunatic_is_in_my_head. Will give it my best shot!

MoneySaver4321

Just to add: it's interesting to me that Merlin (Warwick Castle's parent company) offer refunds within the 14 day period for their annual passes:

support(dot)merlinannualpass(dot)co(dot)uk/hc/en-us/articles/4975997628573-Can-I-cancel-my-Merlin-Annual-Pass-

the_lunatic_is_in_my_head

MoneySaver4321 said:

Thanks @the_lunatic_is_in_my_head. Will give it my best shot!

No problem, if you can pop back and let us know if you have any luck  

born_again

Wonder if they feel it drops under
The 14-day cooling-off period does not apply to all purchases. Exemptions include: Plane and train tickets, concert tickets, hotel bookings, car rental reservations, and catering services for specific dates. 

Of course retailer can opt out as per @MoneySaver4321 post above.

DullGreyGuy

born_again said:

Wonder if they feel it drops under
The 14-day cooling-off period does not apply to all purchases. Exemptions include: Plane and train tickets, concert tickets, hotel bookings, car rental reservations, and catering services for specific dates. 

The full clause, as already quoted, is

(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.

Services related to leisure activities for a specific period of performance sounds like it would apply meaning a statutory right of cancellation wouldnt exist

MoneySaver4321

DullGreyGuy said:

Services related to leisure activities for a specific period of performance sounds like it would apply meaning a statutory right of cancellation wouldnt exist

I suspect that is what they're relying on, but can "period of performance" apply to an annual pass? It's applies for e.g. a hotel booking over a series of days etc, but to me it's a stretch to say an annual pass to Warwick Castle fits that definition. If they felt that they had a strong case, I wonder why they wouldn't apply the same policy to the Merlin Annual Passes too. 

Undervalued

MoneySaver4321 said:

DullGreyGuy said:

Services related to leisure activities for a specific period of performance sounds like it would apply meaning a statutory right of cancellation wouldnt exist

I suspect that is what they're relying on, but can "period of performance" apply to an annual pass? It's applies for e.g. a hotel booking over a series of days etc, but to me it's a stretch to say an annual pass to Warwick Castle fits that definition. If they felt that they had a strong case, I wonder why they wouldn't apply the same policy to the Merlin Annual Passes too. 

Surely an annual pass is for a series of 365 days?

MoneySaver4321

Undervalued said:

Surely an annual pass is for a series of 365 days?

Yeh, I guess…. 😤