Failed Holiday

I went on a volunteer holiday with a British Company called Blue Ventures to Belize. I bought the holiday in the UK. There I suffered discrimination and having put my case to the expedition leader and he just denied everything and so I decided to leave.
I made an official complaint to the company outlining my case and they found no discrimination, blamed me for everything but offered me 1,000 pounds. They closed my complaint. when I asked them to explain why they blamed me.
Given I had paid over 3, 100 plus bought equipment and paid to get to Belize I considered the offer insulting. It was not even half the money back I paid.
I tried the legal route and the case was referred the to Equal Opportunities commission for funding. They did not have the money to back the case. When I sent in my complaint the company told me about their arbitration service which they paid a fee for and said that they had approached the service and they would take on my case if I referred it.
Having been turn down for funding I approach the arbitration service. . For over a month they ask me a lot of questions. I answered them all..
They then told me that they could not deal with my case and the best place for a case like mine was open court. I explained that in the time it took for them to decide the case as they knew, my time for submitting a case to court of six months had passed.
They explained that the only way they could look at a case now was if I could prove a breach of the terms and conditions of the company.
The question I think is appropriate here is that normal for an arbitration service?? They must have known that they could not deal with a discrimination case before I submitted my complaint. Do you know if arbitration services deal with discrimination cases in general????
How can I prove that the terms and conditions were broken. They did not have a term saying they would not discriminate?? Nor that they would deal with my complaint in a fair way. In fact I understand as a private company they are not even forced to have a complaint policy. So is there any thing that I can do??
A term say that the project is administered from the UK
1.2 The BVE research expedition is to be administered from the UK by BVE and the day-to-day running of the research expedition on site is the responsibility of BVE.
Does that bring the company under UK law?
11.5 The Customer shall be liable for any damage to or loss of BVE's equipment or property, and for any injuries to BVE staff, other volunteers, members of the local community or otherwise, which have been caused by the Volunteer's actions or omissions.
There are no terms to say that staff will be liable is that fair??
14.4 BVE may terminate the Contract and, subject to clause 14.1, shall not be obliged to refund any moneys already paid by the Volunteer to BVE if:
(j) due to an unresolved complaint, the Volunteer chooses to leave the Expedition before its completion.
Here this term makes no exceptions in other terms and conditions of companies doing similar work they say that discretionaryawards can be considered.
14.5 The Customer may terminate the Contract:
(e) at any time and for any reason after Departure, by giving notice to the Expedition Manager as soon as is reasonably possible, in which case BVE shall not be required to refund any moneys paid by the Customer to BVE.
No mention here if behavior of staff forces a person to leave isn’t that an unfair term???
14.6 BVE shall not be required to pay the Customer for any other losses, costs or expenses (including any consequential or indirect losses) arising as a result of termination by either party.
Is this a fair term so they can treat volunteers how they want??
18.8 In the event that any of the provisions of the Conditions is held to be invalid under any applicable statute or rule of law, such provisions will be omitted from the Conditions without affecting the validity or enforceability of any remaining clauses.
18.10 The Contract is governed and construed in accordance with English Law and each party agrees to submit to the exclusive jurisdiction of the English courts in the event of any dispute concerning any aspect of the Expedition.
Is this term legally valid after all they claim no duty of care to me and claim jurisdiction is outside UK law as the incident took place in Belize>

This is a complex case and I have no redress now through discrimination law so the only avenue open to me is through consumer law. I understand my chances are slim but I will not stop trying.
Through the 12 pages of the terms and conditions it just talks about the responsibilities of the volunteer how they can behave and not. There is nothing about how the staff will behave.
In the terms and conditions it does not say what will happen if you take out a complaint and it is not resolved It just say in that case you must make a complaint when you return. Is that fair?? So a person suffers discrimination and they just have to put up with it. Here it is not the discrimination I question but the terms that allow it.
If the Director does not accept your complaint they is nothing in the terms about what you can do?? I suppose private companies do not need to have an independent complaints procedure. Like mine he just closed it.
I look forward to your feedback on my case.
Any ideas anyone??
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Comments

  • HHarry
    HHarry Posts: 878 Forumite
    First Anniversary Name Dropper First Post
    Why do you think you have to submit a court claim within 6 months? Send a 'letter before action' and then claim via Moneyclaim Online. I think you have 6 years.

    I make no judgement as to the merit of your claim.
  • lea2012
    lea2012 Posts: 733 Forumite
    First Post First Anniversary
    I would suggest speaking with a lawyer who deals in discrimination first to see where you can go from here. Not sure about the 6 month thing, not something I've heard before.
    I would perhaps say that the reason the wouldn't take it to arbitration is because they didn't feel it would go in your favour and maybe because they didn't feel you would win? A lawyer would be able to advise whether or not you have a case.
    Lea :confused:
  • Alan_Bowen
    Alan_Bowen Posts: 4,849 Forumite
    Name Dropper First Anniversary First Post
    Start by contacting your local Citizens Advice Centre, they normally have a solicitor who will at least give you a steer for free before you begin to run up another bill. As others have said, you have 6 years in which to allege a breach of contract so plenty of time yet. Obviously, no one here can consider whether discrimination took place or not but it is clear the contract is subject to English law so there is nothing to prevent you taking action in the county court here but whether you have grounds for doing so is beyond our knowledge. Good luck
  • tacpot12
    tacpot12 Posts: 7,929 Forumite
    First Anniversary Name Dropper First Post
    You may have a claim under the Unfair Contract Terms legislation, because the contract obliged you to treat the company's staff in a certain way but did not require their staff to treat you in the same manner. I would agree this is a complex case and you need professional legal advice.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • malkie76
    malkie76 Posts: 6,170 Forumite
    First Post Combo Breaker First Anniversary
    This forum is often useful for a reality check on discrimination or complaints.

    Can you share why you feel this way ? (Keeping your personal details out of it, or any sensitive information).

    It might help the forum guide your approach on a LBF and next steps.
    Legal team on standby
  • photome
    photome Posts: 16,359 Forumite
    Name Dropper First Anniversary First Post Bake Off Boss!
    malkie76 wrote: »
    This forum is often useful for a reality check on discrimination or complaints.

    Can you share why you feel this way ? (Keeping your personal details out of it, or any sensitive information).

    It might help the forum guide your approach on a LBF and next steps.


    Its much more likely to descend in to chaos
  • NoodleDoodleMan
    NoodleDoodleMan Posts: 3,339 Forumite
    First Anniversary Name Dropper First Post
    Good idea to speak with your MP - they have lots of contacts within the "establishment" that can be helpful.

    If he/she decides to take up your case it'll have been a worthwhile exercise.

    Whenever the word discrimination is raised it tends to focus attention.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    First Anniversary Name Dropper First Post
    Whenever the word discrimination is raised it tends to focus attention.

    One problem is that the word "discrimination" sometimes gets used when there wasn't any discrimination in the first place simply because as you stated, it focuses attention or gets a speedier response than a problem in which discrimination wasn't mentioned or wasn't a factor.

    I'm in no way implying that the OP wasn't discriminated against, simply that some people do use the word unnecessarily because of the impact it can have.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Name Dropper First Post First Anniversary
    Are you a British citizen?
    If not it might make a difference.
  • NoodleDoodleMan
    NoodleDoodleMan Posts: 3,339 Forumite
    First Anniversary Name Dropper First Post
    One problem is that the word "discrimination" sometimes gets used when there wasn't any discrimination in the first place simply because as you stated, it focuses attention or gets a speedier response than a problem in which discrimination wasn't mentioned or wasn't a factor.

    True.

    I know of a professional person who had "the race card" played against him/her in that type of scenario, totally without justification.
    I'm in no way implying that the OP wasn't discriminated against, simply that some people do use the word unnecessarily because of the impact it can have.

    Ditto.
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