Refund Rights?

[Gibson70]

Hello there

I have booked a venue for 30 drivers at Daytona Go Karting on 30th april and they have cancelled the event, and they have said they wont refund £3900. (£130.00 x 30 drivers for DMax engine) They have said they will hold it until the Coronavirus have gone away and rebook. Most of our drivers wants their money back because they dont want to rebook again becaue they dont know when it can rebooked.

What are our rights? We paid £3900 via bank tranasfers.

Help?

Thanks

[Hashtaggggg]

What were the terms and conditions of the booking?

[Gibson70]

https://www.daytona.co.uk/terms-conditions/

[Gibson70]

They have emailed me :-

Just received from go kart company last week

Coronavirus - COVID-19

Track Closure

Last updated: 22:00 20/03/2020

The safety of our crew and customers has always been our priority, and following the Government’s announcement earlier this evening (20th March 2020) we have decided to close all tracks tonight.

If you have a booking with us over the coming weeks, please be assured that our team will be in touch as soon as we can, and we appreciate your patience.

We would like to take this opportunity to sincerely thank all of our customers and crew members for their ongoing support and positivity during this very challenging period for everyone.

We will post further updates here regarding when we will reopen as soon as we have news.

[2 sMoKiN bArReLs]

Gibson70 said:

https://www.daytona.co.uk/terms-conditions/

Those have been re-written.

Do you have a hard copy of those that were in place at the time of booking (assuming you didn't book that recently)

[Gibson70]

Nope.

2 sMoKiN bArReLs said:

Gibson70 said:

https://www.daytona.co.uk/terms-conditions/

Those have been re-written.

Do you have a hard copy of those that were in place at the time of booking (assuming you didn't book that recently)

[LM24Nut]

Try the Archive WayBack Machine:

https://archive.org/web/

[2 sMoKiN bArReLs]

I'll bet this clause was in the original:

If an event is cancelled due to reasons outside Daytona’s control FULL RACE FEES will be payable. Whilst Daytona cannot be held responsible for such cancellations, we will endeavour to re-arrange the event on a mutually convenient date where possible.

Have you tried talking (rather than say email)?

[matjk]

You can guarantee if there was something in those terms that allowed a refund before they have been updated now to remove it .
All business are going to be hanging onto cash , yours will go to keeping the place ticking over , worst case is no refund and the business goes under before you can re-book.
Well worst case is obviously much worse than that with all the st that’s going down right now .
I’d say at this stage possession is 10/10ths of the law right now and they have your money

[anonymous-user]

you are entitled to refund.

[randlemarcus]

T&C from 2016: "In the event that an event is cancelled due to reasons outside Daytona’s control FULL RACE FEES will be payable."

I think you may be slightly buggered.

[2 sMoKiN bArReLs]

randlemarcus said:

T&C from 2016: "In the event that an event is cancelled due to reasons outside Daytona’s control FULL RACE FEES will be payable."

I think you may be slightly buggered.

27 minutes slow

[anonymous-user]

randlemarcus said:

T&C from 2016: "In the event that an event is cancelled due to reasons outside Daytona’s control FULL RACE FEES will be payable."

I think you may be slightly buggered.

Doesn't make it right, and under the Unfair terms in Consumer Contract Regulations 1999 would be most likely unfair, but consumer rights would trump it anyway.

Edited by Thesprucegoose on Sunday 22 March 21:39

[Canute]

It's a contract they are not honouring, they can't hold onto the money I don't think, a judge in a court would not see their actions as reasonable.

[Drumroll]

But how long before it would get to court and at what cost?

[alfabeat]

Find a date that works and reschedule and hope they can stay in business. The rule book has been thrown out the window at the moment for many businesses.

It's not "right", but what else can they do (I am assuming they are not sitting on massive reserves to cope with zero income for x months).

[2 sMoKiN bArReLs]

alfabeat said:

Find a date that works and reschedule and hope they can stay in business. The rule book has been thrown out the window at the moment for many businesses.

It's not "right", but what else can they do (I am assuming they are not sitting on massive reserves to cope with zero income for x months).

Or talk to them! People often hide behind emails etc, but do a better deal either face to face or on the phone.

If they stick to their guns, maybe there's a half way house?

[Simpo Two]

Canute said:

It's a contract they are not honouring, they can't hold onto the money I don't think, a judge in a court would not see their actions as reasonable.

The difference is that they can't honour the contract due to circumstances beyond their control - ie it's not their fault and there is no way to honour it. 'Force majeure' - it might be in the T&Cs.

2 sMoKiN bArReLs said:

If they stick to their guns, maybe there's a half way house?

That is probably the re-booking offer already made. Other options are be nice and talk, or be nasty and sue, then you'll find out what the judge thinks.

[2 sMoKiN bArReLs]

They might do a 50/50. I would if I were them

[Ean218]

Simpo Two said:

The difference is that they can't honour the contract due to circumstances beyond their control - ie it's not their fault and there is no way to honour it. 'Force majeure' - it might be in the T&Cs.

If force majeure is in the T&Cs then they would have to return the deposits.

The supplier spending the money and not having any left in the bank is not force majeure.