2 cancelled Skydive due to bad weather..... now no refund?????

[Rozzler]

I'm looking for some advice, a friend and I bought 2 tandem skydiving jumps in the Scottish highlands (I'm based in Birmingham) for £250 each in march, due to bad weather it was cancelled so we re-arrenged for July....but was again cancelled due to bad weather so we asked for a refund of £200 as £50 of the £250 we paid each was understood to be a non-refundable deposit, but they have not returned any of our attempts to get in touch. We leave phone msg and emails but they are ignoring us.

 

If it was an hour away I'd go and see them in person but as it in Strathallen (north of Glasgow) its just not easy to get there and to return for a third time is getting so expensive we really don't know what to do!

 

Surely they don't have the right to keep our money? We haven't got what we paid for after all.

 

I'd appreciate any help/advice that is out there, thank you.

[raydetinu]

All depends on their terms and conditions!, but admit though, as they have not actually provided the service through no fault on either side, a refund would seem reasonable.

[perplexity]

 

Were you not aware of this, before?

 

Q. Can I have a refund if I don't jump ?

 

A: The club does not issue refunds to people who have trained and do not jump. The cost of your first jump covers the training that you receive prior to the jump - you will have received this training even if you decline to jump. We make every effort to ensure that you make your jump and we do not issue refunds for any circumstances out with our control that prevent you from jumping. Tandem students normally pay on the day of their jump and should the jump not take place due to bad weather we will allow you to re book for another suitable date.

http://www.skydivestrathallan.co.uk/faq.htm

[BankFodder]

no, they don't have a right to keep your money – regardless of the terms and conditions of the contract. Frankly I'm not even sure that you should lose anything when the job is cancelled for bad weather. It seems to me that they should take an equal risk in the bad weather problem. It seems to me that the contract is being frustrated for bad weather and so therefore your money should be restored to you in full.

I see that they have a term in their contract which says that if you are there for an ordinary jump, then the money you pay covers the cost of the training so that if you don't eventually jump you don't get any money back at all. What they seem to be trying here is to say that the jump is a free gift.

I'm very sorry to see this kind of "big business" thinking being used to take advantage over customers by a club which exists for the benefit of its members. In my experience parachute clubs, gliding clubs and so forth around the country are very decent – but maybe what you're seeing here is a new trend.

Their behaviour towards you and the way that they have geared up their contract is very reminiscent of what we have been seen for a long time with gyms and health clubs.

In case anybody comes across this thread and they have only taken advantage of the training and then having gone on to jump, I would say that they can get some money back from the missed jump despite the terms and conditions.these terms and conditions by Strathallen Parachute clubare not fully enforceable and seem to me to be calculated to keep them at the advantage so that once they get the money of their customers, they make sure they keep it.

Don't worry about being so far away from them. Write them a letter. Layout what the position is. Tell them that you are very sorry but it seems the contract has been frustrated to poor weather and that you would like your money back – all of it.

There is no basis for a non-refundable deposit either.

If you don't get a proper reply within seven days, then send another letter – very terse and make it clear that you will be suing them in the County Court.

They won't want to go down this route I can guarantee it. You will be issuing the County Court papers at your local court and because you are the private individuals and they are the business the case will be heard in Birmingham.

You are right that it's more than an hour away for you – but that means that it is more than an hour away further them. If they want to defend it, they would have to travel down to Birmingham or else they will have to instruct a lawyer. If they instruct the lawyer, then even if they win they will be responsible for the running costs because it is a small claim. If they decide to come down, then if they win you will have to pay their reasonable cost of travel.

Maybe they will parachute into Birmingham.

[Conniff]

i have to agree this is a very one sided contract and that just isn't allowed.

[Rozzler]

Fantastic! Thank you all especially Bankfodder for the advice, I'm all riled up and ready to get my money back!

[perplexity]

..... I see that they have a term in their contract which says that if you are there for an ordinary jump, then the money you pay covers the cost of the training so that if you don't eventually jump you don't get any money back at all. What they seem to be trying here is to say that the jump is a free gift.

I'm very sorry to see this kind of "big business" thinking being used to take advantage over customers by a club which exists for the benefit of its members. In my experience parachute clubs, gliding clubs and so forth around the country are very decent – but maybe what you're seeing here is a new trend.

Their behaviour towards you and the way that they have geared up their contract is very reminiscent of what we have been seen for a long time with gyms and health clubs.

In case anybody comes across this thread and they have only taken advantage of the training and then having gone on to jump, I would say that they can get some money back from the missed jump despite the terms and conditions.these terms and conditions by Strathallen Parachute clubare not fully enforceable and seem to me to be calculated to keep them at the advantage so that once they get the money of their customers, they make sure they keep it.

Don't worry about being so far away from them. Write them a letter. Layout what the position is. Tell them that you are very sorry but it seems the contract has been frustrated to poor weather and that you would like your money back – all of it.

There is no basis for a non-refundable deposit either.

 

 

I can't believe I am reading that.

 

There is a basis for a non refundable deposit whenever a cost is incurred because a booking is made, e.g.

 

The cost of the course covers every aspect of your first jump - training, kit hire, third party insurance, and British Parachute Association student membership.

http://www.skydivestrathallan.co.uk/pricesvouchers.htm

 

The cost of Student Provisional Membership of the BPA is £21.55 and includes Third Party insurance cover up to £2,000,000.

 

 

Not at all so sure if there is such a thing as good weather north of Glasgow, I am wondering what the reason was, to go so far. There are several BPA Affiliated Drop Zones, less than 100 miles from Birmingham.

[Conniff]

I would suggest a good read of The Unfair Terms in Consumer Contracts Regulations. There's lots of good stuff in there.

 

http://www.legislation.gov.uk/uksi/1999/2083/contents/made

 

Please don't praise Bankfodder too much, he will put his 'I'm the Daddy' badge on and start to strut around the office.

[perplexity]

What is so unfair about bad weather?

 

An instructor and a pilot would have to set the time aside; go along to the club and waste the time, the same as the student.

 

They are both affected, the club and the student; the risk of cancellation shared, not borne by the student alone.

[ErikaPNP]

That's absolutely disgraceful. Do let us know how you get on.