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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Fee not refunded for residential course - covid cancellation **RESOLVED**

koolkat66

By koolkat66
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koolkat66

koolkat66

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I have enrolled on a residential craft course due to start weekend. The course  is run by a craft association,  using a local college as a venue for the residential part. I paid the fee in full when requested.


Yesterday I tested positive to covid  and I informed the association that I may have to cancel if I was still positive by the Friday. I am supposed to travel on the Saturday, day 1 of the course.

 

I was told that as per gov guidelines I would not be allowed to attend because it is a requirement to have two consecutive negative tests after 5 days from day 1 which would have taken me to Sunday. I was also told that they do not think they can refund me the fee as the college may not be able to refund their own fee for the accommodation.

 

I am asymptomatic and as per new guidelines I believe that I am allowed to go.  It does not mean that I would, and I understand the concern, however I find unfair that I am not refunded the fee when the decision of attending has been removed from me.

 

Also, I believe that there is no financial loss on their part as  the enrolment was already closed when I booked and they did an exception for me, therefore the room or space on the course was not going to be given to anyone else . I have no way of contacting the college directly to discuss they policy and all I was given is an email saying sorry but probably not a refund.

 

Lastly, in the booking form there was no cancellation policy, nothing was stated one way or another.

 

What are my rights about getting the fee back?

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BankFodder

BankFodder

Posted
Posted

What is the name of the college and the Craft Association?

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koolkat66

koolkat66

Posted
  • Author
Posted

The college is Bishop Burton College, the association Strawcraftsmen. I am still waiting for a reply from them. I have been reading all the covid guidances that I can find and it seems to me that I would be entitled to attend (should I wish to do so), proof of negative tests are no longer required, so it would be their choice if they prevent me from attending.

 

 

10 hours ago, BankFodder said:

What is the name of the college and the Craft Association?

HI BankFodder, did you ask the details for a reason?

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BankFodder

BankFodder

Posted
Posted

If they are preventing you from attending or if there are government rules which prevent you from attending then it seems to me that you should be entitled to a full refund.

Whether or not they are able to obtain their own refunds in respect of accommodation is their problem. If they are not permitted to host you as a participant because of government rules then the contract is frustrated and their contract with the accommodation provider is frustrated.
I suppose that either they don't understand or they don't want to go to the trouble of all this.

How much money are you talking about?

 

We've had these issues come up before during the pandemic. If you search the forum for the wedding cases where venues have been cancelled due to Covid and yet the function provider has refused to refund, you will probably find some helpful information

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koolkat66

koolkat66

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Posted

It is about £250, plus a train fare of £70 which is my loss. Government rules no longer prevent me from attending. there are no rules, just 'advice' to isolate 5 days, no negative tests requirement, and I am asymptomatic. It would be just them preventing me from attending (and my conscience of course).

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BankFodder

BankFodder

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Posted

Well I think that if they are preventing you from attending then they will have to be liable for the costs of that to you – including the reimbursement of the train fare if you have already purchased the ticket and it was reasonable to do so.

If you are free to attend then it would probably be quite difficult to get a reimbursement although technically speaking they would only be entitled to retain any expenses which they have already incurred or which have been caused by your breach

 

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koolkat66

koolkat66

Posted
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Posted (edited)

The outcome is that I am now going to get a refund as they preferred me not to attend even if I tested negative (which I did). Thank you for the help

Edited by dx100uk
unnecessary previous post quote removed
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  • dx100uk changed the title to Fee not refunded for residential course - covid cancellation **RESOLVED**
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