Gift voucher activity sold out, no refund

[alkalinekerri]

Hi everyone, i'm just looking for some advice before I start sending emails or just let £100 go down the drain!

 

At christmas last year I bought a gift voucher from Ex Element for a 300ft bungee jump. When i came to book it a few weeks ago, it was fully booked. The gift voucher is absolutly useless. Ex element say they don't do refunds but I can exchange it if I give them another £20. I sent an email to ukbungee asking if it was possible to use the voucher on a different (cheaper) jump, whats the chances they will say yes and is there any way of getting my money back? I have paid for literally nothing.

 

Thanks in advance

[Conniff]

Why not book it for a different date, they can't be held responsible because the date you wanted is the same date others wanted.

 

You can also extend the life of the voucher for another 10 months.

[alkalinekerri]

Every date for the 300ft bungee is fully booked and seeing as it was a gift for Christmas in 2007 - not being able to take the jump until 2009 seems a bit nonsensical.

[Conniff]

Drop them a 'recorded delivery' letter Kerri saying you believe their terms and conditions to be unfair.

 

A standard term is unfair if, contrary to the requirement of good faith, it causes a significant

imbalance in the parties rights and obligations arising under the contract, to the detriment of the

consumer Regulation 5(1).

 

The requirement of good faith embodies a general principle of fair and open dealing.

It does not simply mean that a term should not be used in a deceitful way.

Suppliers are expected to respect consumers legitimate interests in drafting contracts, as well as negotiating and carrying them out.

 

Contractual imbalance may arise, to the detriment of the consumer, wherever a term gives powers or

safeguards to the supplier which could put the consumer at a disadvantage, whether or not actual harm is currently being caused.

 

The Office of Fair Trading: Unfair contract terms guidance

 

You could mention if there is an unsatisfactory conclusion, you will send a copy of their T&Cs to the OFT for an adjudication.