Peterlee Parachute Centre - Omission Of Key Terms At Purchase

[Kaiserfarrow]

I recently purchased a skydive voucher from Peterlee Parachute Centre as a gift for my wife, who has always wanted to do a jump. 

 

During the purchase process, the site and terms 5(f) refer to an upper weight limit of 16st 7lbs, although a consultation may be required over 14st. 

 

(Note, at point of voucher purchase the terms and conditions are not hyperlinked, other than at the page footer).

 

After purchase, you are provided with a BMI chart. My wife, at 5'7" and just under 16st, falls below the limit the site references in text, but outside safe limits on this BMI chart.

 

The BMI chart is in the FAQs on their site, although nowhere within their terms nor purchase process. 

 

Would omission of this key criteria give me right to a refund? I'm being told to have my wife lose weight or sell the voucher on. 

[dx100uk]

recently..how long ago and paid by what method?

 

dx

 

[Kaiserfarrow]

25th November, via credit card. Section 75 recommended?

 

The website has no privacy policy, the terms and conditions are hidden away contrary to the good faith principle, as well as key information omitted prior to purchase. 

[BankFodder]

I would certainly say the the rights are on your side.

[Kaiserfarrow]

On 29/12/2019 at 15:55, BankFodder said:

I would certainly say the the rights are on your side.

I sent them an email containing the below;

A) Privacy Policy

As a data controller, you are obliged by law to provide a privacy policy, detailing on how personal data will be handled, processed and stored. As it stands, any individual whom books/purchases a voucher via your website is unable to provide consent for their data to be used. Implied consent is not sufficient, this must be explicit. Whilst section 3 of your T&Cs does refer to the processing of data, it is not a sufficient replacement for a privacy policy. 

 

B) Cancellation Policy

The "cooling-off" cancellation policy to which you refer in your previous emails, in accordance with the Consumer Contracts Regulations (2013), should be outlined within your terms and conditions, as per the content of the Regulations themselves. Failure to include these terms extends the right to cancel by up to a year, as the cooling off period commences from the date this information is subsequently provided.

 

C) Unfair Contract Terms 

Under the Unfair Contract Terms Act (1977), during the formation of the contract between a supplier and purchaser, the supplier is required to provide relevant information to the purchaser in advance.

Your current purchase process fails to do this by:

 

i) Omission of key information regarding BMI limits.

On the vouchers page of your website, your criteria states that the maximum weight for tandem is 15st 7lbs:

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Your terms and conditions subsequently state:

5(f) f. Whilst we will accept participants up to 16st 7lbs/105kg we would wish to discuss their participation with any weighing over 14st/88kg – some may require larger parachutes or for Tandem a lighter Instructor - this can be done by telephoning 01915171234 during Office Hours 10am – 5pm Mon – Fri; and we will likely require some to come in for personal assessment. Those exceeding the weights above attending for training without consulting us risk not being allowed to commence the course and losing their fees

 

At no stage during the purchase process are the BMI limits brought to the attention of the purchaser, which I would argue are key information as this directly impacts the ability of the recipient of a voucher in order to enjoy the benefit the voucher bestows. Indeed, all information aside the Height/Weight requirements, which are provided after purchase, indicate an upper limit of 16st 7lbs and do not specifically reference BMI. I would argue that this gives a potential purchaser a misleading view of eligibility for an individual to qualify for a jump, which materially impacts on a decision to purchase.  

 

 

ii) Location of Terms and Conditions at the Point Of Purchase

Whilst I do not disagree that purchase of the voucher requires the purchaser to both agree to the voucher terms and terms and conditions, the lack of link or pop up box above the Terms and Conditions fails to sufficiently bring your terms and conditions to the attention of the purchaser and contravenes the principle of 'Good Faith.'

 

The terms and conditions themselves, being located under 'Helpful Links' at the bottom of your webpage, are not prominent enough, requiring the purchaser to make concerted effort to locate these. Therefore I would suggest that if challenged, a court would not find these to be binding under the current purchase process.

 

 

To the effect of the above, I believe that I would be entitled to a full refund and cancellation of the voucher. If you could kindly clarify your position in light of the above, I would appreciate it, so we can make an informed decision.

[BankFodder]

Well good luck – but I'm afraid that this kind of thing is unlikely to make any difference. At least it familiarises you with various bits of law involved.

I'm afraid that these companies are incapable of understanding this. You seem to be basing your approach on the fact that these people will listen to some kind of reason – even if it is based on legal rights. I'm afraid the only thing they will listen to its – threats.

Keep us updated

[Kaiserfarrow]

They've responded with the following:

 

Thank you for your email - we strongly endeavour to provide information with regard to our operations and the criteria that we work within. This is done with account taken of both the aspiring participant and the operator, however we constantly review our procedures and policies and I will study your feedback in that regard. In hindsight it may have been more prudent for you to have studied our Terms Conditions and Criteria so extensively prior to making your purchase. To clarify our position the voucher remains good for use for anyone meeting the criteria to participate on any scheduled date with availability remaining within the date of validity, hopefully that could be your wife as you intended it to be were she to work at meeting the criteria, however at your discretion another meeting the Criteria could use the Voucher. As quite clearly Stated our Vouchers are Transferable but are not Refundable.

 

I've referred them back to part 3 section 30/31 of the Consumer Contracts Regulations 2013 pertaining to extended cancellation rights in the absence of explicit terms regarding the cooling off period. 

 

We'll see what they say. 

 

 

[BankFodder]

It's a blah blah blah response

[dx100uk]

stuff 'em do a section 75?

[Kaiserfarrow]

16 minutes ago, dx100uk said:

stuff 'em do a section 75?

 

Called my provider for the forms this afternoon. Hoping the gent I'm dealing with amends his position in the interim, but I'm not hopeful given their 'non-refundable' response on repeat. 

 

[ericsbrother]

that only counts if you are happy to believe them.

stop being  polite.

their point about it being suitable for someone else is irrelevant, you didnt buy it for anyone else