Expired experience day voucher

[MissSocks]

Hi,

I'm not sure if I'm in the right place, or if anyone can help, but it never hurts to ask.... please

I emailed a company with expired experience vouchers (by 17 days) explaining my situation,

 

 

which is:

 

My Mum bought me a sky diving experience and zorbing for 2 for my 'special' birthday (end of April 15).

She bought them early April 2015, it's all a little vague as a family friend helped her as she isn't very confident with the internet.

 

On April 12th, I fell very, very ill.

I missed my birthday, and more things than I can count since.

 

 

I've been in and out of hospital, had a multitude of tests, MRI, biopsies, and cameras.

I've lost my position at work.

I was also unable to complete a course, as I couldn't get to the exam.

I'm still awaiting a diagnosis.

I'm still very limited in being able to leave the house.

 

I only include this to highlight why I haven't been 'on the ball' regarding expiry.

I know it sounds somewhat

 

My mum was under the impression that the tickets she bought for me were valid for 12 months.

Again, I know it's our 'fault', we didn't read the vouchers thoroughly,

but I'm also sure you can understand why booking a day out hasn't really been a priority when facing what we have been. I was severely ill when I received them on my birthday and have been since.

 

I got the papers out today, as I wasn't feeling too bad.

Good days are a rarity, so I figured I'd be productive.

 

 

My good day quickly turned into floods of tears (not usually my style, sorry ), frustration

(at missing out on yet another thing ) and guilt

(as my Mum will probably end up losing her money,

and now feels bad that she didn't get me anything for a 'special' birthday

...all while telling me I'm more important).

 

 

She thought the vouchers were for 12 months, thus leaving us time to discuss the potential for an extension or refund....but they are only for 10 months.

 

I emailed the company as I was too upset to ring, and explained all of the above,

and that another company had been kind enough to extend a voucher bought

even earlier under the circumstances, and could they help at all.

 

I even offered to get medical letters to verify that I hadn't simply forgot, and that have been genuinely very ill.

 

I very quickly (same day...today) received the following reply:

"Thank you for your email and I am sorry to hear of the issues you had faced last year.

 

For all eventualities that would prevent a customer from taking their experience(s),

we do say that they can pay to extend their voucher(s).

This will only be honoured all the time that the voucher(s) are still in date.

 

Unfortunately as both of yours have now expired, we would not be able to assist you on this occasion.

 

 

My apologies.

 

Best Regards

 

(name removed)

Sales & Operations Manager

(company name removed)

 

:Cry: = my current emotions

 

Do I have any way to get my mum her money back or an extension?

Or has my illness cost my Mum her money and me my birthday gifts?

 

I'm not sure if the vouchers were bought using a debit or credit card (family friend will check)

but any help/ information would be greatly appreciated.

 

Yours in hope and desperation,

MissSocks

[citizenB]

I think we had a similar situation last year.. I will try and find out what happened there. Meanwhile I will bring your thread to the attention of others on the site team.

 

I have to admit, I find it very odd that these are only valid for 10 months !

[citizenB]

My own experience of these Vouchers is not a happy one. My Son purchased two experience vouchers for Hubby for his 60th birthday - it was Birds of Prey Experience. When trying to make arrangements for a date - we were faced with many problems - lack of centres within a reasonable traveling distance and timing - we were also left with the impression that the vouchers were over sold and they only permitted so many "voucher" visitors each session- in the end we advised our Son to ask for a refund which he did.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?341346-Expired-Experience-Day-voucher.-Is-there-anything-I-can-do/page3&highlight=Experience+Voucher

 

Sadly there doesn't appear to be a conclusion on this. I will send out some S.O.S. for you.

[MissSocks]

Thank you, I really appreciate it ...oddly enough I'd read the link you sent, but wasn't sure if anything might have changed with the passing of time etc

Edited February 24, 2016 by MissSocks

[AndyOrch]

Know the rules at point of sale

Retailers are allowed to impose expiry dates on vouchers if they follow certain rules, says Stephen Sidkin of City law firm Fox Williams. But there are four sets of rules that might affect a dispute, and how they would apply is not known. Mr Sidkin says, to his knowledge, a dispute over vouchers has never been tested in the courts.

 

The Sale of Goods Act 1979 and Supply of Goods and Services Act 1982 could help. The Unfair Contract Terms Act 1977 will also have a part to play.

 

However, the Unfair Terms in Consumer Contracts regulations 1999 appear to hold the key to freedom for customers clutching a sheaf of expired vouchers. These regulations aim to prevent an imbalance in the relationship between the retailer and the consumer.

 

It could be argued, says Mr Sidkin, that an expiry creates an imbalance in the relationship and causes significant detriment to the shopper. Peter McCarthy, a legal officer at Which?, formerly the Consumers Association, says the contract with the consumer would be undermined if the retailer failed to spell out the expiry rules at point of sale.

 

He says a retailer must tell the customer conditions apply to the vouchers and be prepared to answer questions about them. "It is not good enough to simply include terms and conditions in the small print with the voucher".

 

Mr Sidkin says: "Customers would need to show it was not a term included in the contract at the point of sale. If you ask yourself 'was there a time limit pointed out at the point of sale?' and the answer is 'no' then you have a reasonable argument to say the rules have been breached.

 

"Although the sums are often small, I'm surprised no one has taken a case to court yet," he says.

 

http://www.theguardian.com/money/2006/apr/29/consumernews.moneysupplement

 

 

And further information

 

http://www.consumerrightsexpert.co.uk/experience-voucher-expired-can-i-get-refund.html