A couple of years ago, our children bought us a hot air balloon flight
for our golden anniversary. We have already booked the flight on three occasions which have been cancelled due to adverse weather. The first
two times, the flight was postponed the previous day, on the third
time we actually got as far as unfurling the balloon on the take-off
field but they had to cancel at the last minute as some dark clouds
gathered.
We are about to book for attempt for this July - our bookings have to
tie in with trips to visit our family in the UK(usually twice per
year) and if it gets cancelled this time, we will really have lost
interest in this and prefer to get a refund. In the company's T&C
however, it states that they will not give a refund until the flight
has been cancelled by them *seven* times.
Is this legally sustainable by them? It seems unfair in terms of
consumer protection where the general rule of thumb seems to be that
if a company cannot deliver the ordered items or if there is a fault
with them, they get one chance to put it right
A couple of years ago, our children bought us a hot air balloon flight
for our golden anniversary. We have already booked the flight on three occasions which have been cancelled due to adverse weather. The first
two times, the flight was postponed the previous day, on the third
time we actually got as far as unfurling the balloon on the take-off
field but they had to cancel at the last minute as some dark clouds
gathered.
We are about to book for attempt for this July - our bookings have to
tie in with trips to visit our family in the UK(usually twice per
year) and if it gets cancelled this time, we will really have lost
interest in this and prefer to get a refund. In the company's T&C
however, it states that they will not give a refund until the flight
has been cancelled by them *seven* times.
Is this legally sustainable by them? It seems unfair in terms of
consumer protection where the general rule of thumb seems to be that
if a company cannot deliver the ordered items or if there is a fault
with them, they get one chance to put it right
On 21/02/2024 15:33, Martin Harran wrote:
A couple of years ago, our children bought us a hot air balloon
flight for our golden anniversary. We have already booked the flight
on three occasions which have been cancelled due to adverse weather.
The first two times, the flight was postponed the previous day, on
the third time we actually got as far as unfurling the balloon on the
take-off field but they had to cancel at the last minute as some dark
clouds gathered.
We are about to book for attempt for this July - our bookings have to
tie in with trips to visit our family in the UK(usually twice per
year) and if it gets cancelled this time, we will really have lost
interest in this and prefer to get a refund. In the company's T&C
however, it states that they will not give a refund until the flight
has been cancelled by them *seven* times.
Is this legally sustainable by them? It seems unfair in terms of
consumer protection where the general rule of thumb seems to be that
if a company cannot deliver the ordered items or if there is a fault
with them, they get one chance to put it right
I'm going to say 'yes' on the basis that wind speed must be within
certain numbers, or I suspect the risk and corresponding insurance
premiums go through the roof.
Hence the limited number of days when they can fly.
It was a condition of booking, and given the limited number of actual
balloon flying days I'm not surprised they provide 7 'chances' before
refund.
BICBW
From a business point of view this seems reasonable. The Guardian'sconsumer rights champion quotes one balloon company as saying:
A couple of years ago, our children bought us a hot air balloon flight
for our golden anniversary. We have already booked the flight on three >occasions which have been cancelled due to adverse weather. The first
two times, the flight was postponed the previous day, on the third
time we actually got as far as unfurling the balloon on the take-off
field but they had to cancel at the last minute as some dark clouds
gathered.
We are about to book for attempt for this July - our bookings have to
tie in with trips to visit our family in the UK(usually twice per
year) and if it gets cancelled this time, we will really have lost
interest in this and prefer to get a refund. In the company's T&C
however, it states that they will not give a refund until the flight
has been cancelled by them *seven* times.
Is this legally sustainable by them? It seems unfair in terms of
consumer protection where the general rule of thumb seems to be that
if a company cannot deliver the ordered items or if there is a fault
with them, they get one chance to put it right
On Wed, 21 Feb 2024 15:33:17 +0000, Martin Harran
<martinharran@gmail.com> wrote:
...
A couple of years ago, our children bought us a hot air balloon flight
for our golden anniversary. We have already booked the flight on three
occasions which have been cancelled due to adverse weather.
In the company's T&C
however, it states that they will not give a refund until the flight
has been cancelled by them *seven* times.
Maybe worth pursuing the option of having the gift transferred to
someone who has more flexbility if it fails again.
On 21/02/2024 15:33, Martin Harran wrote:
A couple of years ago, our children bought us a hot air balloon flight
for our golden anniversary. We have already booked the flight on three
occasions which have been cancelled due to adverse weather. The first
two times, the flight was postponed the previous day, on the third
time we actually got as far as unfurling the balloon on the take-off
field but they had to cancel at the last minute as some dark clouds
gathered.
We are about to book for attempt for this July - our bookings have to
tie in with trips to visit our family in the UK(usually twice per
year) and if it gets cancelled this time, we will really have lost
interest in this and prefer to get a refund. In the company's T&C
however, it states that they will not give a refund until the flight
has been cancelled by them *seven* times.
Is this legally sustainable by them? It seems unfair in terms of
consumer protection where the general rule of thumb seems to be that
if a company cannot deliver the ordered items or if there is a fault
with them, they get one chance to put it right
The first likely hurdle to overcome is that *you* may not be entitled to anything. IME, enterprises offering "experiences" like this are usually structured as two separate entities, lets call them "The Balloon Gift
Voucher Selling Company Limited" (seller) and "The Balloon Gift Voucher Fulfilment Company Limited" (service provider).
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