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Event cancellation - where do we stand?

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  • Event cancellation - where do we stand?

    Hi folks,

    A few weeks ago my wife booked a "Hawk Walk" for us from https://gofalconry.co.uk/ for 21st November as it is my birthday. The cost was £38 each so a total of £76.

    On Sunday 1st November my wife received an email from the company to say that due to the lockdown the event had been cancelled and we could rebook for another time without incurring any rebooking fees, etc.
    However, as this is my birthday present which was booked for this date as it is my actual birthday, another date isn't really suitable so my wife emailed the company straight away to explain this and to ask for a refund. She received the following reply today:

    "In line with the terms on the booked events, whereby the selected date is no longer possible due to government restrictions, events are placed on hold…not eligible for refund but ready and waiting to be booked back in on a future date of your choosing.


    There are no extra fees, restrictions or timeframe that these need to be rescheduled back in for, whenever you have new dates just let us know."


    I looked at their T&C's and here's a copy of the relevant section:

    "BAD WEATHER / OTHER UNAVOIDABLE CIRCUMSTANCES


    If an activity is cancelled due to bad weather or any other unavoidable circumstances by the venue, including government restrictions, your booking will be rescheduled to a mutually convenient date for you and the venue. You can chose a date up to three months after the original booked date. Bookings for a venue where the supplier is still able to and prepared to run the session, will not be eligible for re-scheduling. In these circumstances, a customer’s decision not to take part it is deemed that the booking has been cancelled and charges as stated will apply. Refunds are not applicable."


    To me, the last part which says "Refunds are not applicable" would appear to relate to the previous sentence where a cistomer has decided not to attend, not the whole paragraph.

    Can they do this, i.e. refuse a refund because they cancelled the event and force us to re-schedule?
    Last edited by Knobby; 7th November 2020, 11:04:AM. Reason: Added a little bit
    Tags: None

  • #2
    After scrolling down to the bottom of the T&C's I've also come across this section:
    "PANDEMIC CLOSURES (INCLUDING COVID-19)

    Where the company is unable to perform any of its obligations relating to your booking as a result of pandemic closures or restrictions (including but not limited to closures as a direct or indirect result of mandate, government advice or instruction, industry shutdown, health advice and guidance, supply chain disruption or any other restrictions that impact upon the company's ability to deliver the booking) the company will use its best endeavours to reschedule the booking once the closure or restriction has been lifted. In the event that the booking cannot be rescheduled, for any reason whatsoever, a credit voucher for a value not exceeding the amount paid by the Client will be issued. This credit voucher will be valid for six months from the date of issue. Failure to deliver upon the original booking will not entitle the client to a refund or to claim for damages of any kind whether direct, indirect or consequential."


    ( I highlighted the part in red )

    Comment


    • #3
      Frustration of contract comes to mind, but others more versed in contract law should be able to advise

      Comment

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